Georgia Supreme Court says Bibb bounty hunter’s ‘doggy door’ break-in was trespassing
Atlanta GA Feb 21 2018 The Georgia Supreme Court has ruled that a bail bondsman who broke into a Bibb woman’s home to arrest a fugitive can be convicted of criminal trespass.
The decision, which was released Monday morning, reverses the ruling of the appeals court who previously said the bail bondsman couldn’t be convicted of criminal trespass without ‘express notice’ entry was forbidden.
The Georgia Supreme Court concluded the woman’s locked door provided sufficient notice that he was prohibited from entering.
According to the court summary of the case, Harper was working as a bail-recovery agent for a professional bondsman.
In 2014, the court says, he visited Tina McDaniel’s house in search of fugitive Stephen Jeffrey Collier, who had defaulted on his bond.
Finding the doors locked, the court says, Harper entered the home through a doggy door, damaging the door.
McDaniel says she was changing clothes in her bedroom when she heard her daughter scream and found Harper holding Collier to the floor.
When she asked who he was, Harper reportedly told her “Houston County,” leading McDaniel to think he was a police officer.
As he took Collier away, the court says, Harper told her, she “might want to get your door fixed.”
McDaniel called police, and the next day Harper was charged with two counts of criminal trespass.
He was convicted and sentenced to 90 days in jail with probation and fines.
Harper’s lawyer argues that under Georgia law, a bounty hunter has the right to enter a private home to arrest a fugitive and “may break open the door of any house where the offender is concealed.”
The appeals court agreed, finding that since the homeowner had not given Harper “express notice” not to enter the home, he was not guilty of trespassing.
In its decision, the Georgia Supreme Court said, “A locked door to a home generally sends a sufficiently explicit message that entry is forbidden to a possible trespasser who encounters that locked door.”
