Bail Bondsmen and/or Bail Agents are an interesting and somehwat murky area of the law. Bondsmen and Bail Agents are NOT law enforcement officers, therefore the Constitutional prohibition against searches without warrants does not apply to them. Their authority to enter premises without warrants is not addressed by, and does not fall under the restrictions of, the US Constitution. Their authority is derived from long-existing 'common-law' principles and practices. HOWEVER - that being said - they are not immune from being charged under criminal law for unlawful acts that they may commit while they are in the performance of their jobs.
California Penal code allows the bail agent to arrest the principal himself or empower another to do so. [PC 1301].
Except in exigent circumstances, a bail agent must notify local law enforcement at least six hours prior to attempted apprehension of a defendant. [PC 1299.08(a)]
In September 1999, California enacted a law (A 243) regulating bounty hunters, termed "bail fugitive recovery persons" in the statute. This law added section 1299 to the California Penal Code. A bail fugitive recovery person is defined as one who has "written authorization" by a bail agent, surety, etc., (under PC 1300 and 1301) and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to appropriate authorities, or any person employed to assist in the arrest of such a fugitive.
Before apprehending a bail fugitive, an individual authorized by PC 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend as prescribed in PC Sections 1300 and 1301. The authority to apprehend document shall include all of the following information: the name of the individual authorized to apprehend a fugitive, the address of the principal office of the individual, the name and principal business address of the bail agency, surety company, or other party contracting with the individual.
Copyright © 2026 eLLeNow.com All Rights Reserved.
