I first learned about Bounty Hunting in 2013, while residing in Grass Valley, CA and working as a front desk clerk at several different local motels. It was also about this time that I enrolled back into school to pursue my Bachelor's Degree in Homeland Security. Working front desk at a motel in a not so busy town like Grass Valley left me with all the time in the world to brush up on my studying, which I also used as opportunity to conduct research on various security related industries, with Bounty Hunting being just one of the many odd jobs I would explore, and I would eventually receive training in Bail Enforcement and Fugitive Recovery.
Fast forwarding to 2014, after conducting endless hours of research on how to become a Fugitive Recovery Agent, I decided to make the move and sign up for Bounty Hunter school in order to meet California State's mandated training which is a minimum requirement for anyone looking to legitimately work as a bounty hunter in the state. In California, this is also known as the "Bail Fugitive Recovery Persons Act," and is further outlined in California Penal Code 1299. This is when I met, and trained with, world famous Bounty Hunter; Rob Dick, who operates his own bail academy out of Roseville, California, known as the Bail Education Association.
Now Rob Dick is a real Bounty Hunter, with prior law enforcement experience, and an extensive background working in the bail industry, private investigations, and security. Dick has worked thousands of fugitive cases nationwide, and has worked a number of high profile cases, including that of Casey Anthony. In a good sense, Rob Dick's demeanor was misleading in that my preconceived notion of what a Bounty Hunter would be like in person was far from how Dick conducted himself, as I was expecting the typical bounty hunter with a mullet stereotype which was more parallel to someone like Dog the Bounty Hunter.
Meeting and training with Rob Dick was an phenomenal learning experience, and consisted of a 3 day course which was designed for Bail Agents and Bounty Hunters alike, in order to meet California State's training requirements.
This is what I learned from Rob Dick about the bail industry and bounty hunting;
Surprisingly, California is one of the most lenient states nationwide when it comes to Bounty Hunting laws. This is because California does not have a licensing authority which specializes in licensing Bounty Hunters as they do security guards and private investigators, which is handled by California's Department of Consumer Affairs', Bureau of Security and Investigative Services. But what California does have, is a law which requires Bounty Hunters to meet a certain training criteria which consists of approximately 60 hours of training, and that the mandated training be done through a certain authority, and upon successful completion, Bounty Hunters receive their certificates which must be carried upon their persons at all times when engaged in bounty hunting, in conjunction with the surety bond (which serves as a warrant) which must also be valid and carried with the bounty hunter at all times. Only licensed private investigators in California can bounty hunt without meeting the above mentioned requirements as private investigators are exempt from such.
Commercial bounty hunting is legal in most states, with the exception of a few (Oregon, Kentucky, Wisconsin, and Illinois), with each state having its own legal requirements for Bounty Hunters to enforce bail. It is contract law which makes bounty hunting possible, as it is the breach of a contractual agreement between a defendant and a Bail Company which gives Bounty Hunters (bail agents, or private investigators), the legal authority to pursue a defendant who skips bail.
California also is one of many states which allow for citizens to affect what is called "Citizens Arrest." Generally, in California, a citizen can arrest any person who commits a misdemeanor or felony in the arresting citizen's presence, or a felony outside of the arresting citizen's presence, so long as you have probable cause and can reasonable articulate your cause for the arrest.
Simply put, Bounty Hunters are not law enforcement, but are acting as a private party who has a financial interest, or is acting on behalf of someone who has a financial interest (ex. Bail Bond Company), in the subject they are hunting. This interest comes through a contractual agreement between the subject and the Bail Company into whose custody the subject was released.
When a court sets bail, that bail can be paid in full to the courts by the defendant, or a Bail Bond Company can vouch for the defendant and write a promissory bond to the courts, usually putting up 10% for the release of the defendant. If a defendant does not show up to court, the bail is forfeited and the Bail Bond Company is held responsible for the entirety of a defendant's bail. This is how Bail Bond Companies make their money, by requiring for defendants to put up 10% of the set bail amount, which is non refundable.
In cases where a defendant is not guilty, the bail paid directly to the courts by the defendant is refundable, while in cases where a defendant is guilty, the amount could still be refunded, or may go to pay for court fees. The important thing to understand here is the difference between bail vs. bond, that is, bail is the bail amount set, which in most cases is refundable, so long as the defendant does not become a fugitive, while a bond is a contractual agreement between the defendant, the Bail Bond Company, and the courts. The bond allows for defendants to pay 10% to the Bail Bond Company, which is not refundable, but allows for a defendant to get out of jail without having to put up the full sum of the bail to the courts.
When a defendant doesn't show up for court, in other words "skips bail," the bail is forfeited and a warrant is put out for the defendant's arrest. The Bail Bond Company responsible for the defendant only has a limited time frame to return the defendant, now fugitive, back into the custody of the courts, or risk having to pay the full bail amount in case the fugitive is not recovered.
Bounty hunting is also affirmed by the a landmark United States Supreme Court Case known as Tailor v. Taintor (1872) which gives sweeping rights to Bounty Hunters and Bail Bondsmen in their pursuit and recovery of fugitives, and the case law states the following;
When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest by the sheriff of an escaping prisoner. In 6 Modern it is said: "The bail have their principal on a string, and may pull the string whenever they please, and render him in their discharge." The rights of the bail in civil and criminal cases are the same. They may doubtless permit him to go beyond the limits of the State within which he is to answer, but it is unwise and imprudent to do so; and if any evil ensue, they must bear the burden of the consequences, and cannot cast them upon the obligee.
Now, Bail Agents are different than Bounty Hunters in that they mainly handle bailing defendants out of jail, rather than recovering fugitives and bringing them back into the custody of the courts, as is the case with Bounty Hunters, thus, there is a licensing requirement for Bail Agents, who must obtain training and pass a State administered exam, which are both prerequisites to Bail Agent licensing with California's Department of Insurance. Bounty Hunters are usually hired by Bail Agents, or Bail Bond Companies, many of whom have their own in-house Bounty Hunters which often work at a flat rate.
Nevertheless, Bail Agents can also act as Bounty Hunters, so long as they obtain the other necessary training necessary to lawfully make arrests as a Bounty Hunter, which is a matter of obtaining 40 hours of training on the Powers to Arrest (Penal Code 832) from a POST (Peace Officer Standards on Training) recognized school or authority.
Professional Bounty Hunters, who are not working at a flat rate for a Bail Bond Company, usually make whatever 10% of the total bail amount set, so long as they are able to recover the fugitive. California is a 10% State, which means that bail bond companies cannot ask for more than 10% of the total bail amount set from defendants. When a defendant skips bail, most bail companies would rather pay that 10% to the Bounty Hunter who recovers the fugitive, as failing to bring the fugitive back into the custody of the courts could cost the Bail Bond Company the full amount of the bail.
Also, Bounty Hunters cannot be felons, unless they are acting as a licensed Bail Agent, where the rules change a bit, which would only mean that the Bail Agent recovering the wanted fugitive could not carry a firearm, or other weapons from which felons are prohibited from possessing.
Now, California may be lenient on Bounty Hunting, but is the complete opposite when it comes to gun laws, thus, the only time that a Bounty Hunter can legally carry a firearm is; a) they hold a valid private investigator's license w/ exposed firearm permit, b) are within close proximity to making the arrest, in which case no license or permit is necessary (CA Penal Code 26045), c) are on private property when in possession of the firearm or d) possess a valid CCW (Concealed Carry Weapons Permit).
Additionally, some counties in California are pro-gun, thus, for example; it would be much easier to obtain a CCW permit in El Dorado County than it would be in San Francisco. That's just California for ya, but in most cases, so long as you are lawfully transporting a firearm as per California law, and only carry that firearm when within close proximity of where you are expecting to apprehend your fugitive, it is actually completely lawful to do so without any kind of a firearms permit, as explained further in California Penal Code 26045. This is because you are apprehending, or attempting to apprehend, a fugitive, and as per California Penal Code 1299, have already informed the local law enforcement agency/agencies of that area that you will be performing a fugitive recovery. That is, assuming that you are following California PC 1299.
Also, there is an exemption to California Penal Code 1299's mandate to inform local law enforcement that a Bounty Hunter is performing a fugitive recovery, which deals with exigent circumstances, thus, only when absolutely necessary, the notification of law enforcement requirement in PC 1299 can be waived.
One thing I learned from Rob Dick is how to read the nuances written in law, and apply your activities in conjunction with law, and do so constructively, daringly, yet within the bounds of law. As if California's penal code wasn't already full of grey areas, working as a Bounty Hunter just makes things that much more interesting. For example, there is no law prohibiting Bounty Hunters from wearing a badge, so long as you are not misidentifying yourself and your badge does not display words like "Police," "Sheriff," "Federal Agent," "U.S. Officer," or uses any kind of terminology which suggests you are a peace officer or law enforcement. This also means that Bounty Hunters must be careful about using insignia which is otherwise reserved for use by a state, federal government, etc., like the American Eagle, or the Great Seal of the State of California. Bounty Hunters should only display badges which user bail industry nomenclature, such as "Fugitive Recovery Agent," "Bounty Hunter," "Bail Enforcement," or something like your companies name and logo, etc. Professionalism is key, as they more professional you look the more people take you seriously, which in result can be used as leverage to gain compliance.
Additionally, Bounty Hunters should be extremely careful in what type of other weapons they choose to carry on or about their persons, as in California the laws vary depending on the type of weapon in question. For example, there is no law limiting the possession of tasers, however, there is a law regulating the carrying of batons, for which one must have a Security Guard Card, and additional Baton Permit, without which one would be committing a felony if carrying a baton, such as a collapsable baton, without the necessary training and paperwork.
Also, many other Bounty Hunting instructors have previously taught that if one has a California Guard Card with an Armed provision, he/she may openly carry a firearm lawfully during the course of Bounty Hunting. Although I've been told that some Bounty Hunters have been able to furnish a California Armed Guard Card to authorities as proof to lawfully open carry in California, this in fact is unlawful and could land you in jail for illegally carrying a loaded weapon. This is because the open carrying of a firearm by Security Guards is governed California's Business and Professions Code, which does not apply to Bounty Hunters, and doesn't supersede the California Penal Code. Thus, it is not advised that Bounty Hunters attempt to open carry firearms during the course of their work, and rely on a California Armed Guard Card as exemption from the law, as such might fool some peace officers who are not familiar with California law, but could eventually cause for Bounty Hunters to face criminal charges.
With the aforementioned, it is interesting also that although Private Investigators are permitted to engage in Fugitive Recovery, there is a California law prohibiting Private Investigators from wearing or displaying badges of any kind. Thus, if you decide to Bounty Hunt, and are also a Private Investigator, be careful in how you present yourself as wearing a badge of any kind while working as a Private Investigator is illegal, while wearing a badge as a Bounty Hunter is not. It is these kinds of nuances that Bounty Hunters should understand before attempting to perform a fugitive recovery.
Lastly, know "Use of Force," as Bounty Hunters will learn from their 40 hour POST Accredited Powers to Arrest (PC 832) course, and keep in mind that Bounty Hunters are not law enforcement, thus, even if you are within your right to arrest a fugitive, using anything beyond the force necessary to affect the arrest could cause you to face criminal charges and/or civil penalties.
It is also advised that Bounty Hunters obtain additional skills and certifications, including first aid, as having such could prove useful during their course of Fugitive Recovery work.
To wrap up on my training experience with Rob Dick, that is to say; Rob Dick is a jack of all trades and someone who has a license and certificate for just about everything you can think of, and not only in California, but nationwide. It is this kind of mindset that will teach students how to be cognizant of their environment and the legality of their actions in respect to their location, as laws change drastically from not only one state to another, but even from one jurisdiction to another when we're talking California. Laws in rural areas differ from those within incorporated areas and municipalities, which is why additional training and licensing of any kind can help Bounty Hunters perfect their skill and trade.
In closing, if you are looking to become a Bounty Hunter in the State of California, then Rob Dick's Bail Education Association is the place to start, as you will definitely get your monies worth, with the 20-Hour Accelerated Bail Agent & Bail Recovery Combined Course starting at $ 550.00. Rob Dick is master of his trade, and an Instructor Guru, thus, he also provides additional services, and training in taser, firearms, security guard training, and more.