Correct me if I'm wrong, but doesn't MA have a mandatory transportation law that says a sworn police officer or deputy must transport arrested prisoners? If so can someone please refer a specific MGL/CH/Sec thanks.
Do you have a specific incident (sanitized) that you are referring to? This could help clarify the situation. I'll look into this when I get a chance. I was having a hard time thinking of a situation, where a non-sworn person would have the opportunity to transport an inmate/arestee.
MGL Ch 37 sec 24 covers sheriffs. I know the Feds somtimes use private uniformed corrections personnel from the private federal prisons. I'm note sure about transporting to arraignments, but if a PO doesn't do it, how do they maintain custody? It must be covered somewhere.
Sorry should have applied the situation....my questions are in regards to a Bail Enforcement/Fugitive Recovery Agent that has legal right through a bondsman to arrest (re-arrest) a fugitive who has defaulted. There is some debate whether or not they have the legal right to transport said prisoner to the local Police station/Jailhouse. I know every state has a variation on this law, wondering about MA. I was believeing that local officals MUST be notified before such an apprehension and likewise to transport. Thanks guys.
I was under the impression that Bail Enforcement/Fugative Recovery (AKA Bounty Hunting)was Illegal in MA???? Hence if so I think it would be safe to say that the transporting of a prisoner would fall into the DoNOT do list.
I know states like NH,CT regulate and license Bounty Hunters but not sure about MA, like I said I thought it was ILLEGAL, but I cant remember where I heard that so I could be wrong here.
Unfortunately it is not illegal in Massachusetts and there are several scary individuals running around with firearms and cuffs making apprehensions.
This link should answer most questions, particularly the very last paragraph on the page....
OK now I'm the 1st one to admit that there are whacko Constables out there doing crazy things, and it blows my mind and I would LOVE the state to regulate the business. But these guys (bounty hunters) thats scary. :roll: :shock:
Yes Tailor vs. Taintor was the supreme court case, but state's still have there own rules. For instance in Florida its a FELONY to say you're a bounty hunter/bail enforcement agent if you're not lisenced by the State. It's like a Class A LTC is approved and accepted at the state level but if the Chief of Police in the issuing town wants to throw a restriction on it he can. But hey, anyone know about the transport law??