Texas and International Fugitive Tracking and Apprehension Services
Texas Department Of Public Safety License A16879
TAINTOR vs. TAINTER will get you arrested in Texas DO NOT use this 100+ year old opinion to make arrests in Texas. You will find yourself on the defendant end of a criminal case. DO NOT DO BUSINESS WITH ANYONE WHO TELLS YOU OTHERWISE.
FREE ADVISE:
"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."
This is what some Bounty Hunters use as authority to re-arrest. Bad Idea in Texas and most other states. Taintor vs. Taintor 1872
As of September 1, 1999, it became a State Jail Felony to contract with a bail bondsman to re-arrest said principle unless you are a TX Peace Officer, Licensed Private Investigator or Commissioned Security Guard and they must be employed by a Licensed and Insured company. Several Texas county courts have already convicted individuals as a result.
As a Bondsman / Surety you MAY NOT hire or contract a P.I. or Commissioned Security Officer as an independent contractor. You must have a contract or agreement with the Licensed Security or Investigations Company the P.I. Or Security Officer is an employee of. It must be in writing.
As a Bondsman / Surety you MAY NOT hire or contract a P.I. or Commissioned Security Officer as an independent contractor. You must have a contract or agreement with the Licensed Security or Investigations Company the P.I. Or Security Officer is an employee of. It must be in writing.
Sec. 1702.3863. Unauthorized Contract With Bail Bond Surety; Offense.
(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:
1.a peace officer;
2.an individual licensed as a private investigator or the manager or a licensed investigations company; or
3.a commissioned security officer employed by a licensed guard company.
(b) An offense under Subsection (a) is a state jail felony.
Sec. 1702.3867. Execution Of Capias Or Arrest Warrant; Offense.
(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:
1.enter a residence without the consent of the occupants;
2.execute the capias or warrant without written authorization from the surety;
3.wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
4.notwithstanding Section 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:
1.if the arrest is made in the county in which the capias or warrant was issued:
A.the county jail for that county if:
i.the offense is a Class A or Class B misdemeanor or a felony; or
ii.the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or
B.the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
2.if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony.
§ 35.39 Uniform Requirements
This portion is a limited display of this rule;
...d. No license shall display a badge, shoulder patch, logo or any other identification which contains the words “Law Enforcement” and/or similar word (s) including, but not limited to: agent, enforcement agent, detective, task force, fugitive recovery agent or any other combination of names which gives the impression that the bearer is in any way connected with the Federal government, State government or any political subdivision of a State government.
(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:
1.a peace officer;
2.an individual licensed as a private investigator or the manager or a licensed investigations company; or
3.a commissioned security officer employed by a licensed guard company.
(b) An offense under Subsection (a) is a state jail felony.
Sec. 1702.3867. Execution Of Capias Or Arrest Warrant; Offense.
(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:
1.enter a residence without the consent of the occupants;
2.execute the capias or warrant without written authorization from the surety;
3.wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
4.notwithstanding Section 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:
1.if the arrest is made in the county in which the capias or warrant was issued:
A.the county jail for that county if:
i.the offense is a Class A or Class B misdemeanor or a felony; or
ii.the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or
B.the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
2.if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony.
§ 35.39 Uniform Requirements
This portion is a limited display of this rule;
...d. No license shall display a badge, shoulder patch, logo or any other identification which contains the words “Law Enforcement” and/or similar word (s) including, but not limited to: agent, enforcement agent, detective, task force, fugitive recovery agent or any other combination of names which gives the impression that the bearer is in any way connected with the Federal government, State government or any political subdivision of a State government.