State v. Nugent
199 Conn. 537, 508 A.2d 728
Conn.
May 06, 1986

• Defendant was convicted in the Superior Court in the Judicial District of New Haven, McKeever, J., of kidnapping in the second degree, and he appealed. The Supreme Court, Callahan, J., held that the defendant, as a professional bail bondsman who had posted a bond in amount of $500 on behalf of principal, had the common-law right to apprehend and deliver the principal in discharge of the bond at any time and, absent a statute abrogating that right or requiring the defendant to rely on a mittimus or a rearrest warrant, did not act unlawfully in apprehending the principal after latter failed to appear in court as scheduled and, by doing so, was not guilty of the crime of kidnapping in the second degree.
  Error, judgment set aside, and case remanded with direction.
  

U.S. Supreme Court 1873, Taylor v. Taintor, 16 Wall. 366.

When Bail is given, the Principle (Defendant) is regarded as delivered to the custody of his sureties (Bondsmen). Whenever they choose to do so, they may seize him and deliver him up in their discharge (exoneration), and if that cannot be done at once, they may imprison him until it can be done. They may exercise their right in person or by agent (Bail Enforcement Agent). They may pursue him into another state ; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. This seizure is not made by virtue of new process. None is needed. It is Likened to the re-arrest , by the sheriff, of an escaping prisoner.