Bounty Hunters are Not State Actors

The US Court of Appeals, Tenth District, recently handed down a decision regarding bounty hunters. The court was asked to rule on whether bounty hunters constitute state actors for purposes of the Fourth Amendment when they conduct a search in the course of seeking out a bail jumper. The bounty hunters apprehended a fugitive at the home of his girlfriend. During the apprehension, the bounty hunters noticed a loaded firearm, meth, and drug paraphernalia. The bounty hunters then called the police and the fugitive was additionally charged with the drugs and firearm. On appeal, the defendant claimed that the search of his girlfriend’s home was not a legal search, because the bounty hunters were state actors. The appeals court ruled that the search and discovery of the weapon and drugs was not a state action. The court applied a two-prong test to determine if the bounty hunters were state actors:

1) Whether the government knew of the bounty hunter’s conduct
2) Whether the party performing the search intended to assist law enforcement efforts or to further his own ends

The court ruled that “the police in no way instigated, orchestrated or encouraged the search” and only knew about the search after the fact and the bounty hunters were there on a legitimate, independent action and not to assist a law enforcement effort.