Legality of deputies, bounty hunters' search questioned

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By James Koh, Eyewitness News

Summary

Kern County Sheriff's deputies, working with bail bondsmen, entered a woman’s home against her wishes. The woman says it’s a violation of her Fourth Amendment rights.

Story Created: Apr 2, 2010 at 5:48 PM PDT

Story Updated: Apr 5, 2010 at 10:41 AM PDT

Legality of deputies, bounty hunters' search questioned

Star Hills and Alan David talk about their home being entered illegally.

BAKERSFIELD, Calif. -- Kern County Sheriff's deputies, working with bail bondsmen, entered a woman’s home against her wishes. The woman says it’s a violation of her Fourth Amendment rights.

The woman, Star Hills, used camcorder and home-security video to show how at least two sheriffs and three bail bondsmen came to her door to serve an arrest warrant for Joseph Baker.

“He was banging on my door so hard it sounded like he was using an axe,” Hills said. “I felt pretty threatened and pretty intimidated.”

The video shows her opening the front door but when she turns around there are at least three men already in her home.

“They came in the window and the back door,” said Alan David, the man who lives at the home with Hills.

The men said they had an arrest warrant for Baker but when Hills asked to see warrants and identification, none were produced.

“It’s very obvious that I did not give them consent to set one foot in my house,” Hills said.

Various lawyers said an arrest warrant gives law enforcement agents the authority to make an arrest but a search warrant is needed to search a home.

These rules were established in the Fourth Amendment, which protects citizens against illegal search and seizures, and Hills believes her Constitutional rights were violated.

“All of the officers involved we’d like to see them reprimanded,” Hills said.

There are a number of exceptions to the rule and according to lawyers, police would need probable cause to enter a home without a search warrant.

It is unclear as to whether there was probable cause because the video starts as the law enforcement agents approach the home.

Another issue is the cooperation between sheriffs and the bail bondsmen.

An official with the Kern County Sheriff’s Office says it has a policy in place that does not allow for sheriffs and bounty hunters to serve an arrest warrant together.

If bondsmen ask for assistance from the department, sheriffs are supposed to make the arrest by themselves, according to the sheriff’s official.

The video clearly shows sheriffs and bondsmen working together in searching the home.

Sheriffs say the matter is being investigated internally and state law prohibits them from commenting publicly.

David, also known as Alan Gjurovich, posted the bail money for Baker, who is accused of three minor offenses including a misdemeanor charge for battery on a peace officer.

David used Aladdin Bail Bonds in Bakersfield to finance the bail bond. Eyewitness News called Aladdin Bail Bonds for comment but the company said they weren’t aware of the situation.