A review of the powers of bail bond agents and bounty hunters: Exploring legalities and illegalities of quasi-criminal justice officials

Bail bond agents and bounty hunters are integral figures within the United States criminal justice system. Their job is to ensure that an individual who has been released from jail on bail returns to court for his or her scheduled court appearance. This article addresses the legal environment surrounding bail bond agents and their subcontracted bounty hunters, as well as the extra-legal violence and constitutional rights violations committed by them. This legal analysis is developed by examining state court decisions dating back to the nineteenth century. Historical and contemporary trends in the law are illustrated throughout the article with respect to bail bond agents and bounty hunters. Using inductive legal research methodology, the cases are divided into two constitutional areas, outlining the types of issues state courts litigate: the legitimacy/legality of arrests and bail bond agents entering third-party residences. The article concludes that although bail agents and bounty hunters have been criticized in the past for exercising their extra-legal authority, state statutes and state court cases have modified the bail bond system, rendering it more amenable to the rule of law.