"Bounty hunters' error is Rutherford woman's terror"

[Connecticut Yankee]

http://www.nj.com/news/ledger/index.ssf?/base/news-1/1120539064247010.xml&coll=1 Also at: http://www.bergen.com/page.php?qstr...FRXl5NjcxNzU1MSZ5cmlyeTdmNzE3Zjd2cWVlRUV5eTM= By MERRY FIRSCHEIN STAFF WRITER
RUTHERFORD - The Police Department said Tuesday it is investigating an accusation by a borough woman that she was kidnapped on June 28 by bounty hunters while three borough police officers watched and did nothing to help.

Claudia Santana said it was a case of mistaken identity that caused two bounty hunters to show up near midnight on June 28. She said borough officers, whom she had called to protect her, stood by while the bounty hunters, whose identities could not be determined Tuesday, took her away in handcuffs. The men released her outside the Dover police station when they realized their mistake, she added.

"We are aware of the incident that occurred," Police Chief Steven Nienstedt said. "A complete and thorough investigation is under way."

Santana said she wants an apology from the Rutherford police first. She said she has not decided what her next step will be but "I want to find out what my rights are."

"What [the police] did was wrong," she said. "The police are not protecting me; they are protecting themselves."

Nienstedt said he could not comment on the particulars of the case but said the investigation would take several more days....

 

[armoredman]

Bounty hunters making a mistake at my place will probably not get the cuffs on.

 

[grimjaw]

"What [the police] did was wrong," she said. "The police are not protecting me; they are protecting themselves."

Terrible that she had to find out that way, eh?

jmm

 

[CannibalCrowley]

Hunting for sense in seizure
Woman wants apology from police for allowing bounty hunter grab

The first article is pretty rhetoric filled, but it has the best part. One of the bounty hunters was stupid enough to return to the police station while open carrying an unregistered handgun (in New Jersey!).

As for the trio that originally allowed her to be unlawfully detained, they have clearly shown that they lack the skills for police work and should be fired before they screw up again.

 

[BostonGeorge]

Sounds like kidnapping and use of a firearm in the commision of a felony to me. I'm sure the PRNJ has many more laws that would apply. As far as I'm concerned the LEOs are co-conspirators.

 

[SLCDave]

It stinks when you find out the police aren't responsible for your protection, doesn't it?

 

[BeLikeTrey]

Thats why good ones make damn sure they got the right person

Bad ones go to jail themselves. Did this job once or twice myself .... we were DAMN CAUTIOUS...

 

[Werewolf]

Sounds like kidnapping and use of a firearm in the commision of a felony to me.

Maybe...

But probably not. In most states Bounty Hunters are licensed officers of the court. However, not being commisioned LEO's they are not bound by the constitutional restrictions that LEO's are. They don't need warrants to break down your door, snatch you off the street or what ever.

Snatching the wrong person is undoubtedly a crime of some sort but if done by a Bounty Hunter it is unlikely that it would be considered a kidnapping level felony.

This woman's best action of recourse is probably civil and not criminal but IMO she'll get no joy either way. She'd probably win a suit against the BH's but it's doubtful they've got any money anyway. SCOTUS has determined over and over that the police do not have a responsibility to protect individual citizens so that's a losing battle too.

 

[dasmi]

"What [the police] did was wrong," she said. "The police are not protecting me; they are protecting themselves."

And yet, people still scream that we should let the police protect us.

 

[RavenVT100]

That columnist in the article you linked is capable of writing some of the worst anti-gun hyperbole I've ever read. Not only does he most likely possess less knowledge of New Jersey's gun laws than the bounty hunters, he takes it upon himself to write diatribes about how awful guns are without actually knowing anything about them.

Case in point, the day after the Federal AWB expired they printed a huge opinion piece of his that described how immoral the NRA was for "allowing AK-47s on the streets," which as he described "were the same as the one Osama Bin Laden snuggles up to each night." It was pure pap. He managed to simultaneously turn off every single one of his readers who might happen to be a gun owner as well as expose his complete lack of professionalism in one fell swoop.

It's typical NJ fare. Perfect for a state like this, but it'd be unsellable anywhere else. While it's true that NJ has handgun registration, this occurs at point of purchase and permit application and doesn't apply to handguns brought into the state if you were moving here. What he guy did not possess and what he got in trouble for is carrying without a permit, and also having hollowpoints in a non-exempt situation (i.e. not on his own property or going to/from a range).

 

[BostonGeorge]

They don't need warrants to break down your door, snatch you off the street or what ever.

True, but most of these powers are protected by contract with the defendant. Homes of friends, relatives, or complete strangers (as in this case,) are not subject. Ms. Santana did not enter into any such contract, making the bounty hunters perpetrators of a laundry list of crimes.

 

[BeLikeTrey]

Bounty hunters are not protected as LEO's either.

Screw up, GO TO JAIL, DO NOT PASS GO. That's why we made darned sure we had the right person. Identifying marks and recent booking sheets were our best friends.

 

[El Tejon]

I bump into bounty hunters (the guys that go out and fulfill the contract, not just the bond writers) from time to time in my gig. IME they are far more careful than even the police.

 

[jnojr]

But probably not. In most states Bounty Hunters are licensed officers of the court. However, not being commisioned LEO's they are not bound by the constitutional restrictions that LEO's are. They don't need warrants to break down your door, snatch you off the street or what ever.

They also do not have any kind of immunity, either. They can be charged criminally for their mistakes, and they can be held accountable in civil court, as well.

If these "bounty hunters" worked for the bail agent, my guess is that all will be sued into oblivion unless they have some healthy insurance. And they'll never get insurance again after this, either.

 

[Master Blaster]

I wonder, If her husband had retreived his Rem 870 loaded with double 00 buckshot and put one in the chest of the bounty hunter who was kidnapping his wife at gunpoint would the police have just stood there??????

Cause thats what I would have done if they came for my wife in the middle of the night. And that would have been before we called the police not after.
They would have had to have kicked in my door because I dont open it for strangers in the middle of the night unless they are in an official state or county police uniform. Armed folks kicking in my door in the middle of the night will be met with an armed res ponse.

 

[Nicky Santoro]

I know all my local police officers. If it isn't one of them or someone I can readily identify as real law enforcement making the actual arrest, body bags will be filled, and not by me or mine. Some things just don't float in my home.

 

[mons meg]

Maybe there's a reason you don't hear about these kinds of "errors" in places like Oklahoma and Texas....

 

[BostonGeorge]

Bounty hunters have it good in NJ, they know they will most likely never face armed resistance.

 

[Standing Wolf]

Bounty hunters making a mistake at my place will probably not get the cuffs on.

Dumb criminals don't fare well in my neighborhood.

 

[LAR-15]

So the bounty hunter is just going to leave his gun at home??

 

[71Commander]

In most states Bounty Hunters are licensed officers of the court

I keep thinking about this and something just ain't right. Wouldn't this just give them limited powers in the jurisdiction of the court, or State?

In this case, the kind of arrest powers that they exercised are the kind that the U.S. Marshall Service has.

 

[Sergeant Bob]

I hope she sues the crap out of these losers. A bounty hunter has no more "right" to violate your Constitutional rights than the State does.

 

[CannibalCrowley]

So the bounty hunter is just going to leave his gun at home??

Well he probably should if his destination is a locale where it would be unlawful to carry said gun.

 

[odysseus]

She may well be owning a bounty hunter business here soon... the liability of such a mistake is going to be a tough civil suit.

 

[The Real Hawkeye]

I guarantee these guys would be dead if they tried that in my home. My state (Florida) authorizes its citizens to shoot anyone who forces his way into your home. My buddy (see photo) would keep them occupied while I took careful aim between thier eyes.