Comprehensive Review Georgia Basic PI Training Course Review NITA GA 01 – GA 06

• The Georgia Board of Private Detective and Security Agencies licenses and oversees the rules and regulations regarding licensing of private investigators in the state of Georgia.

• Licenses in Georgia are issued only to companies. The company must have an individual, either the owner, a partner, or an officer of the corporation or LLC, who is qualified by experience or education to be the holder of the license for the company.

• To qualify for a private detective company license, a potential candidate is required to have two years of experience, either in law enforcement, or as a registered private detective employed by a licensed private detective company. The education required is a four- year degree from an accredited college or university in criminal justice, or a related field of study.

• As a Private Investigator, you can be employed by more than one company at a time. Each company must submit an application for employee registration on behalf of the Investigator.

• Law enforcement can be defined as the individuals and agencies that are responsible for enforcing laws and maintaining public order and safety. This includes prevention, detection, investigation, apprehension and detention of anyone suspected of violating any law.

• Prior to private investigations beginning in the United States, Eugene Francois Vidocq, who was a French soldier, founded the first known private detective agency called (in English), “The office of Universal Information for Commerce and Industry.” Vidocq has been considered to be the father of modern criminology and the first ever Private Investigator.

• One of the first U.S. private detective agencies was the Pinkerton National Detective Agency, which was established in the late 1850’s with a motto of “we never sleep.” This slogan eventually led to the catch phrase for investigators as “private eyes.” This agency was named after its founder, Allan Pinkerton.

• Law enforcement can be defined as the individuals and agencies that are responsible for enforcing laws and maintaining public order and safety. Law enforcement agents are sworn to uphold the constitutional laws.

• Private Investigators are defined as individuals who work as an Investigator to collect information. Private Investigators are typically private citizens and work on behalf of a client in order to uncover information and collect data. Most states require an Investigator to obtain a license within that state and the training and education vary from state to state.

• The outcome of the Constitutional Convention was the creation of the United States Constitution, which still governs all citizens today. Since 1787, the Constitution has been amended 27 times. The first ten amendments, the Bill of Rights, address freedoms and define the power of government.

• Security has evolved from the original vigilantes and watchmen to the creation of the U.S. Constitution which still governs everyone today. Post 9.11.01 created another security issue and brought terrorism to an international level. In 2002, the Department of Homeland Security (DHS) was created. This department is combined of 22 different federal agencies and departments, which create a unified integrated cabinet agency.

• Ethics is defined as the discipline dealing with what is good and bad and with moral duty and obligation. Additionally, the definition of ethics further states the decisions are made with a moral duty and obligation.

• Ethics plays an important part in all Investigations. During all investigations, Private Investigators must uphold ethical standards in representing themselves, their company and their client making the assignment. Without ethics and integrity in your investigations, your findings would be meaningless.

• As Private Investigators, you should at all times have respect for your profession and follow all rules and regulations concerning Private Investigators. Private Investigators need to honor their profession by working in coordination with law enforcement. At all times, Private Investigators must follow local and state laws. Private Investigators are not “above the law.”

• The Gramm-Leach-Bliley Act clearly states that nonpublic consumer financial information that is gathered under “false pretenses” is against the law. This law applies to all investigations. Any information concerning nonpublic consumer finances cannot be gathered under a false pretense or by use of a pretext.

• The Fair Credit Reporting Act is a Federal law that regulates the collection and use of consumer information. This Act also covers the collection of consumer information by consumer reporting agencies.

• By definition, surveillance is then the watch or observation over another person or group. Surveillance in the broadest sense is utilized to observe people, places and situations. In most cases, the goal of surveillance is to observe others without their knowledge, observe behaviors and report the facts.

• The basic goal of surveillance is to observe a subject, without their knowledge, and gather facts on the subject by unbiased and ethical means. Effective surveillance requires good pre-investigation on the subject, careful observation of the subject and area, and factual data gathering.

• Mobile surveillance is just an extended form of basic surveillance. During any investigation, a subject may choose to leave the surveillance position and travel away from the fixed, stationary spot. Investigators

must be alert to the surveillance situation and be prepared to follow the subject during mobile surveillance.

• The most common form of documentation of collecting information is through video surveillance when conducted ethically and legally.

• Obtaining video of a subject must be completed through legal and appropriate means. Documentation during an investigation must be completed ethically, within the letter of the law to include privacy laws and trespassing laws.

• By definition, an invasion of privacy is an encroachment upon the right to be let alone or to be free from publicity.

• Again, an invasion of privacy is not an act that should be performed by Investigators. That being said, all individuals have a right to privacy but when in public this right does not apply.

• Trespassing laws vary from state to state and investigators need to know the laws governing the jurisdiction and permissions to enter a property in their own state. Trespassing is illegal and gaining access through illegal means is a violation of the law.

• Misdemeanor can be defined as a “minor wrongdoing.” Examples of misdemeanors include threatening assault, theft of smaller amounts, traffic violation, trespass, petty theft.

• Felony can be defined as “a crime sufficiently serious to be punishable by death or a term in state or federal prison” or “a crime carrying a minimum term of one year or more in state prison.”

• In the simplest terms, crime is a violation of the law. Crime is an act or offense that is punishable by law. The Georgia Legislature defines crime as “a violation of a statute (law) of this state in which there is a joint operation of an act or omission to act, and intention or criminal negligence.”

• To determine if a crime has been committed, all evidence has to be collected and presented to legal authorities such as the police or courts to determine if a crime was committed.

• Criminal Law is the body of law dealing with the constitution of offenses and the punishment of offenders. The main object of criminal law is to punish.

• Civil Law is the body of laws of a state or nation regulation ordinary private matters, not criminal, political or military matters. The main object of civil law is to remedy wrongdoing. Examples of civil law include negligence or malpractice.

• The Miranda Warning can be defined as the formal warning that is required to be given by police in the U.S. to criminal suspects in custody before interrogation. These established guidelines are in place to inform suspects of their Constitutional rights.

• According to the Georgia Code, there are three methods by which an arrest can be made: Arrest by Law Enforcement, Warrant for an Arrest or Arrest by Private Citizens.

• Due Process can be defined as “legal requirement that the state must respect all of the legal rights that are owed to a person.” Due process of the law ensure that each citizens’ constitutional rights are met. This specifically includes the 4th and 14th Amendment.

• One of the most basic freedom discussed in the First Amendment is the Freedom of Speech. The Freedom of Speech is the right to communicate one’s opinion and ideas using one’s body and property to anyone who is willing to receive these opinions or ideas.