Utah Supreme Court Hears Out-of-State Bounty Hunter Case

The Deseret News reports that Utah Supreme Court recently heard a case that debates whether a licensed out-of-state bounty hunter could apprehend a fugitive in Utah. Utah Supreme Court Chief Justice Christine Durham said she saw a "hole in public policy" in Utah's laws that did not address bounty hunters from other states and if they could legally make arrests in Utah. Durham also expressed concern that if Utah forbade out-of-state bounty hunters from making arrests, other states, such as Colorado, could follow suit, making capturing fugitives fleeing justice more difficult. Attorney for the bail company, Julianne Blanch, said the tradition of bounty hunters being able to cross jurisdictions dates back to 19th century law where a signer of a bond contract is "on a string" and that a bondsman has jurisdiction over him "wherever he may go." Blanch admitted that Langley(bounty hunter) entered the Lee (fugitive) residence "under false pretense" but pointed out that he was trained and licensed in Colorado at the time. During the Utah trial, Langley testified that he had apprehended several Utah residents before. Justices noted that they may recommend that the Utah Legislature clarify its position on out-of-state bail bondsmen. A ruling is expected in the coming months.

The appellant court said that the defendant could not dispute the bail company's authority to arrest him under the bail contract despite Langley's lack of a Utah bail enforcement agent license. The trial court also properly dismissed the family members' claims for false imprisonment.