Skip to comments.Sheriff's department launches internal investigation after deputies enter woman's home
Posted on 04/05/2010 12:49:57 PM PDT by FoxPro
17 News discovered a youtube video of Kern County Sheriff's Deputies and a bail bonds enforcement officer entering a local woman's home after she told them they couldn't come in without a warrant and her consent. With the evidence she caught on tape, the law seems to be on her side.
"I don't need a warrant," the bondsman said as he appeared to enter on his own into the home from a back door on the youtube video.
There were also sheriff's deputies at the front door. Deputies and bail bond enforcement officials have different laws but a local bail bondsman not affiliate with this case said what happened in this case was against the law.
"If you see the person go in, you can go in," Glenn Pierce, the owner of Gotta Go Bail Bonds said. "But you just can't go in randomly."
The woman who lived at the home told 17 News her name is Star. She said she is in hiding because threats were made against her. She also said deputies and the bail bondsman violated her rights by forcing entry into her home after she stated she was the only one there.
Attorney H.A. Sala says based on the video evidence, the Sheriff's Department could have a lawsuit on its hands because of the way they forced into the home without any knowledge of the wanted person being in the home. "They have to knock, state a purpose, say they have a warrant and give time for the person to surrender," Sala said.
Authorities were looking for Joseph Baker who was arrested for battery on a peace officer in September. They were also looking for a man named Alan Gjurovich because he co-signed on Baker's bail bond which Baker forfeited by not showing up in court. Gjurovich is in hiding but spoke to 17 News by phone. He said the sheriff's department is trying to stop him from filing a lawsuit against the county that could damage county judge and clerks' credibility.
"They're trying to scare us out of town and out of the county," Gjurovich said. "The message I was getting, they were giving us a 48 hour ultimatum--give them what they want on Joe Baker or they will personally come down and arrest me."
Sheriff Donny Youngblood confirmed the deputies in the video are from the Kern County Sheriff's Department, but he said he can't comment because an internal affairs investigation is being launched.
There are so many laws now, that you cant predict what a cop will see, or how he will interpret what he sees.
A police officers number one job is to protect himself and his buddies from harm. No matter how that is perceived by them.
A police force is just a locally sanctioned gang. A court system is just a locally sanctioned Mafia, and I ought to know, my software helps run a few of them.
What I wonder is if they found Joseph Baker in there.
That Sheriff needs to get his deputies under control.
I think that it is safe to say the answer is no, or else it would have been noted. The omission in the article is surprising, isn’t it?
Watched the video— they left empty handed.
And they violated the 4th amendment. They never showed her a warrant.
Sounds like an action under 18USC242 is in order.
Sounds like some Kern River “Henry Bowmans” needs to add some people to his “list”.
Under Indiana Law, an arrest warrant acts as a search warrant, but:
1. Only for the home of the person named in the warrant;
2. Only if the the Sheriff “has reason to believe” the person named in the warrant is at home, and;
3. They can only use the arrest warrant as a search warrant for the residence one time. If they go in and the person is not there, they may not go in at a later time unless they get a separate search warrant.
You need to add some sort of alert on the title....not a barf alert, but a “caution! Infuriating violation of rights!” warning or something.
Didn’t that man, at some point, in his life, use the N word?
He should be shoot!
Why, this happens all of the time.
IT IS NORMAL NOW!
Bail bondsmen are on the same level as the scum they represent...
So what happened after you called her a Naughty Bunny?
What sort of restrictions are on this arrst/search warrant? Typically, a search warrant describes the places to be searched and the items being looked for. If you are searching for a stolen airplane, for example, you wouldn’t be allowed to look in the fridge.
I didn’t use my turn signal on an off ramp, because I wasn’t sure which way I was going to turn. I was checking gas prices at the gas stations signs. Highway Patrol pulls me over, another young punk they gave a gun and a badge to. Says he will write me a warning. But wants to search my car. This is in the middle of Iowa, or something. I said, “Nope, you will not search my car.” So guess what, he writes me a ticket. I used it to clean off my dipstick as I checked my oil when I got to the service station. What an a-hole.
Under the SC ruling a bondsman can enter the home “even on the Sabbath” if he has reason to believe the perp is in the house. Especially if the person who owns the home signed for the bail. The person bailed out signed his rights away when he agreed to the bail conditons.
The sheriff can’t enter without a warrant.
Lawyers, correct me if I’m wrong.
There is some truth in what you have written. Though, who you going to call when help is needed, the police!
“I think that it is safe to say the answer is no, or else it would have been noted. The omission in the article is surprising, isnt it?”
Yes, lol. I guess this was not a good move on the part of the sherriff. At least the rest of the dept knows where he ISN’T!
Intimidated and feeling like a convict around men of uniform is a path to reverse.
We’ve been in a semi police state for a long time. Government has been eroding out freedom in all fronts both the Courts and all law enforcement agencies. This idea of an internal investigation is a joke. The investigation should be by outside the system. How stupid investigating yourself.
Bail bondsmen, on the other hand, are given a lot of leeway and don't need a warrant. If they have reason to believe the person they are pursuing is in the home (or can at least convince a judge they had reason), they can force their way in. I do believe laws should be changed so that bailbondsmen are held to the same standards as law enforcement.
Love to answer this since it has been asked many times. You are the only real source of protecting yourself. The majority of police response is after you are killed or hurt. No perfect answer but my gun is my only real chance for protection and this crap State will not give permits.
These same thugs will be out disarming the public, if it puts a buck in their paycheck.
Mr. Colt and I take care my family's safety first. The after action, slow response time police are for mop up.
She said, “honey I wish you were a ninch bigger.”
Oh, man...you didn't. Holy cow.....you got cast iron cajones my man.
Lol, sorta set myself up for that answer!
The police can look any place a person might be hiding. They can’t look in the underwear drawer unless the warrant has the physical description of a very small person.
There are certain communities around here I don’t like to drive through. If I ever had a flat, I’d have four cop cars swarm around me. They would only lift a lug nut if they wanted to accuse me of stealing it. They would not help with the flat, but instead use it as an excuse to try to coerce “consent” to search the car.
Related thread with video:
FoxPro is yours? You designed the airline aircraft maintenance program?
>You are the only real source of protecting yourself. [snip] No perfect answer but my gun is my only real chance for protection and this crap State will not give permits.
I really like what my State Constitution says on the matter:
Have you seen this?
Here is a video to go with the story:
This is a huge problem.
While true there is very limited protection or bail agents if they are wrong. Bail agents can still be arrested for entering a home unless the perp is present. They can be resisted and shot almost without penalty. One of these days Chapman or one of his pack are going to get seriously hurt or killed on camera. A friend recently fought with an intruder and moderately injured him before the cops showed up. Intruder was a real bail agent in the wrong place (name confusion). The cops did not arrest the bail agent, figuring the double arm fracture was enough. My friend is waiting for the lawsuit to hit.
That’s what I figured, but sometimes the law does weird crap.
There is no private bounty hunting in the state of Oregon. Only actual police may detain individuals for bail skips. Dudes like “Dawg” don’t exist here. So, it would be illegal here. It’s probably hard to make generalizations about what is and isn’t legal for bounty hunters/ bail bondsmen to do, as it is all controlled by state law.
Whats you talkin bout?
“There is no private bounty hunting in the state of Oregon. “
I imagine it is harder to get bail there, too.
a company called FoxPro (DOS based) supplied the software for our maintenance department at the airline I worked for..
I have never heard of it, but I believe I know who wrote it.
Here is the video. It is 7 minutes long.
They definitely require a warrant. They cannot take the bail enforcers word for it and enter a home with out a warrant.
The bail enforcer has no legal or lawful right to be in the house.
The deputies erred in by answering her question why are you in my house?.
well, maam, you opened the door, on officer said.
Opening a door is not an invite nor is there implied permission. She did not give expressed permission and they are in error as well.
Hate to say but, the fellow they are looking for may have been in the house, at one time. However, without lawful reason, no one has the authority to enter her home.
At the end of the video the Dweeb and the deputies just simply walk out the door. No evidence and no person in cuffs.
The bad guy will be caught eventually. Meanwhile she will be living high on the hog after she sues the bail bondsmand and the surety company pays.
Then she will go after deputies and the county they represent. The deputies will get a letter in their file and the countly will by her an upgraded mobile home. She will by a new Yugo, have it limousined and tricked out with dingle berries hanging from the windows and a bean bag chair in the back for loungin while drinking Mickey 40s.
She will probably decide she is too fancy for the neighborhood she is living in now, due to her new found wealth and she will homestead in the Oklahoma panhandle or some other area where the tumbleweeds outnumber the residents.
She might even hire a banjo quartet for the weekends so she can hear her fav-ah-a-rite tune over and over again
See here for an example:
She might even start a little hog farm and have some pet goats.
But,... At the end of the day none of those men had a lawful reason for being in her house and searching it.
Lets see...4th, 5th, 9th, 14th, unreasonable, bill of attainder, etc.
They were probably trying to earn a little on the side; deputies don't generally get paid all that much. Money talks...
“Then she will go after deputies and the county they represent. The deputies will get a letter in their file and the countly will by her an upgraded mobile home. She will by a new Yugo, have it limousined and tricked out with dingle berries hanging from the windows and a bean bag chair in the back for loungin while drinking Mickey 40s.”
(probably deadly accurate too)