The Mandalorian Meets the Law: Modern-day American Bounty Hunting

When I think of a bounty hunter, I think of a gunslinging cowboy in the Wild West, hunting criminals with only a “WANTED” poster at hand and the far-off promise of a reward. Last year, while watching the popular TV show “The Mandalorian,” I found myself intrigued with the show’s portrayal of “Mando,” a tough, resolute bounty hunter who risks everything to protect a small child called Grogu.

While cooing over Grogu and enjoying the show, I started to wonder whether bounty hunters still exist in modern-day American society. It turns out that the American bounty hunter, while a far cry from the cowboys in the old Westerns, is an integral but elusive part of the U.S. justice system today. In this article, I will explain what a modern-day American bounty hunter is, present where bounty hunters draw their authority from, and demonstrate how their presence today raises several significant concerns over the safety of those they pursue.

What is a Modern-day American Bounty Hunter?

An American bounty hunter, often called a “bail enforcement agent” or a “fugitive recovery agent,” usually works with bail bond companies to track down suspects who have skipped bail. They are private citizens who use a variety of methods, including conducting investigations, interviewing people, and performing surveillance, to find and arrest a suspect who has failed to appear at court. 

While some bounty hunters may operate lone-wolf style, the bounty hunting industry as a whole is a for-profit business that plays a significant role in the U.S. justice system. Reportedly, American bounty hunters catch over 30,000 bail jumpers — or about 90% of the fugitives who jump bail — each year in the United States, pursuing these suspects when government law enforcement simply does not have the resources. As payment, a bounty hunter can expect 10%-25% of the suspect’s original bond value from the bail bond company: Unlike what is shown in the movies, bounty hunters rarely receive rewards of hundreds of thousands of dollars for a captured fugitive.

Bounty Hunters: Sources of Authority

In the United States, bounty hunters ultimately draw their authority to arrest from the Supreme Court case Taylor v. Taintor (1872). This case specifically allows a bail bond company agent, or a bounty hunter, to “seize” the fugitive and “deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done.” Bail enforcement agents may also “pursue him into another state; may arrest him on the Sabbath, and, if necessary, may break and enter his house for that purpose.” In addition to Taylor v. Taintor, the private contract between a bail bond company and a client gives power to bail enforcement agents to arrest a client if they violate the bond agreement.

Shooting, Assault, and Regulation in Modern-Day American Bounty Hunting

Bounty hunters occasionally make the news for sticky situations involving fugitives. While the bounty hunting industry remains largely overlooked, news articles of bounty hunter shootouts and assault reinforce the public opinion that American bail enforcement agents are closely related to the lawless, gunslinging cowboys of the Wild West. In 2015, country singer Randy Howard was killed in a shootout with a bounty hunter. In 2017, bounty hunters violently broke into a family’s Montana home and were subsequently charged with “assault, burglary and weapons charges.”

Undoubtedly, however, the modern-day American bounty hunter is unlike the old Western bounty hunter or “Mando” from “The Mandalorian,” who often uses deadly force against fugitives. Proponents of the bounty hunting industry argue that while the industry is not heavily regulated as a whole, bounty hunters are encouraged to treat suspects reasonably. According to The Atlantic, bail enforcement agents may face criminal charges, “including assault, battery or even negligent homicide” if they abuse their suspects. And because they are for-profit businesses, bail bond companies do not work with bail enforcement agents who misuse their powers for fear of a bad business reputation. Bad bounty hunters, then, would run out of business. 

While the bounty hunting industry is largely self-regulated and abuses of power do not happen regularly, it is still a relevant concern that bounty hunters—private citizens—who may not have law enforcement training, are allowed to actively pursue and use some force against those who skip bail. After all, there are a number of justifiable reasons that a suspect may not appear in court, such as a sudden family emergency. These suspects may then become “fugitives”— but not all of them warrant a bounty hunter to use force and seize them.

Indeed, regulation of the bounty hunting industry raises additional concerns over the safety of the accused who skip bail. While drawing authority from Taylor v. Taintor, bounty hunters are still private citizens who are not bound by the laws or rules of State police. As a result, Constitutional prohibitions of State agents from unreasonable search and seizure of suspects, for example, do not apply to bail enforcement agents. Furthermore, while bounty hunters may track fugitives across state lines, regulations on bounty hunting differ from state-to-state. Nearly half of all states do not require bounty-hunters to be licensed, while four states — Oregon, Kentucky, Wisconsin, and Illinois — do not allow for bounty hunting at all. Such spotty state regulations imply that there is no uniformity in the standards of practice of bounty hunters.

Conclusion

Bounty hunting, in the form of bail enforcement, is alive today, and it plays a part in catching fugitives when government law enforcement cannot. Most modern-day American bounty hunters do not wield their power like the bounty hunters in the Westerns or like “Mando” in “The Mandalorian.” Yet, bounty hunters, who are private citizens, are given wide discretion in how they apprehend “skips,” and state-by-state regulation is non-uniform. These raise significant concerns, including worries over the safety of those that bounty hunters chase.

Movies, TV shows, and books may characterize bounty hunting as an archaic profession of the past — but it is here today, operating and loosely regulated.

Jaehyun Hong is a current first-year student who plans to study philosophy. She is a Staff Writer of the Law Review's Blog and can be reached at jaehyun_hong@brown.edu.