605 PI PRACTICES Licensing, 5 Art of Report Writing, 9 PI Ethics, 14 Protecting your Assets, 39 Best Business Practices, 47 PI Specialties, 60 Surveillance, 80 PI Lingo, 102 iPad and Tablet Users See DEMO & Links Above Contents Licensing 5 Indemnity agreements 64 Permissible activities 5 Line supervisor 67 License disqualifiers 7 Art of Report Writing 9 Surveillance 80 Report writing 9 Courtesy notification 80 Ghostwriting 12 Furman vs. Sheppard 82 PI Ethics 14 Fourth amendment 82 ICU vs. Jones 83 Ethical decisions 22 ECPA Act 84 Kaiser Foundation 25 Miller vs. Blackden 86 Right of privacy 26 Anti-Stalking law 87 Pretexting, ISPLA 30 Violence Against Women Act 87 Protected information 36 Title 18, Section 875 C 91 Protecting Your Assets 39 GPS Tracking, Approval of 93 Breach of contract 42 License plate checks 95 Misrepresentation 43 Mobile vehicle surveillance 96 Covert surveillance 95 Best Business Practices 47 Non-descript vehicle 98 Written contracts 50 PI Lingo 102 Disclaimers 51 Freedom of Information Act Insurance coverages 52 102 Limited partnerships 56 HIPAA 105 PI Specialties 60 Independent adjuster 67 Public Adjuster 67 Wrongful death Investigator 79 2 Preface The first known private investigation firm was founded by Eugene Francois Vidocq and oddly enough he started out as a criminal in 1833. Vidocq would go on to inspire the works of Poe, Huge, and Honore de Balzac with his rich history. Vidocq was considered to be the father of criminology and is credited with the introduction of undercover work, ballistics, and new techniques of record keeping. After Vidocq the notion of a private investigator industry was born. In the earlier days of private investigation, most private investigators acted as the police in matters that clients thought were not taken seriously by the authorities. During the tumultuous time in France, after the French Revolution, these private investigators also acted as hired muscle for the aristocrats who wanted to control the large numbers of workers who had developed new ideas about freedom, which did not sit well with the wealthy. Some saw early private investigators as nothing more than mercenaries and hired hands that could help private entities solve problems with show of force. Across the pond, Allan Pinkerton, was starting the first U.S. based private investigation service, Pinkerton National Detective Agency. During the Civil War, Pinkerton was credited with foiling an assassination plot against Abraham Lincoln. Pinkerton’s agents often worked undercover during the Civil War as confederate sympathizers to gather military intelligence. At the height of its existence, the Pinkerton Detective Agency had more agents than the standing army of the United States, which caused great concern in Ohio, where the agency would be outlawed because they could potentially be hired out as a private militia. During the labor unrest of the 19th century, Pinkerton Detective Agency associates were hired out by businessman to be guards and keep strikers and suspected unionists out their factories. Pinkerton agents also tracked down western outlaws, such as Jesse James, the Wild Bunch, Butch Cassidy and the Sundance kid, and the Reno Brothers. Allan Pinkerton and his agency were the source of the federal Anti-Pinkerton Act of 1893, which still exists today, which bars any individual 3 employed by the Pinkerton Agency, or similar organization, from being employed by the government of the United States. While men like Vidocq and Pinkerton were the pioneers of private investigation, the industry did not really come about until the prosperity of the 1920’s, when private investigators were affordable to the average middle-class. With this came a shift in investigations, and private investigators were hired for all sorts of cases such as infidelity, insurance fraud, missing persons and other such niches. In recent years, private investigators have become subject to strict legal and ethical standards which exist to not only protect the client, but also the investigator. In the course of PI Best Practices, we hope to enlighten and remind investigators that living by the ethical standards are really the best course of action when conducting any and all duties, which will in turn help reassure the public of their competence and professionalism. Everything from the report writing, to business practices, to best surveillance practices is covered in PI Best Practices. 4 LICENSING State Licensing & Permissible Activities States with no PI license requirements are the exception rather than the rule today. As of the writing of this course, only Alaska, Idaho, Mississippi, South Dakota and Wyoming allow investigators to work without a license. Since rules change, you would be wise to research unique requirements in each of the jurisdictions in which you practice to determine license rules and regulations. It may even be possible to request opinions from the states’ attorneys general offices for particular situations. The majority of states that do require PIs to be licensed focus on permissible activities such as: • Overt investigations, in which investigators identify their roles and principals and do not otherwise mislead or deceive anyone. • Public records searches. • Physical observations, measurements, and the like. • Protection of a person, if it is "incidental" to an investigation and if the investigator complies with the firearm and insurance requirements. • Surveillance, even if covert, provided that investigators do not trespass or invade privacy. Investigator Defined 5 The definition of an investigator can be slightly different among varying jurisdictions. Typical examples of statutory definitions of an investigator that would require licensure include a person investigating: • The identity, habits, conduct, movements, whereabouts, transactions, reputation or character of any person or organization. • The credibility, honesty or integrity of witnesses or other persons. • The location, disposition or recovery of lost or stolen property, missing persons, owners or heirs of property or heirs to estates. • The origin of and responsibility for libels, losses, accidents, fires, or damages or injuries to persons or property. • The conduct, honesty, efficiency, loyalty or activities of employees, persons seeking employment, agents, or contractors and subcontractors. • The identity or location of persons suspected of crime or wrongdoing. • • Evidence (or obtaining of evidence) to be used before any committee, board of award or arbitration, administrative or licensing body or officer, or in preparation for trial of any civil or criminal case. Exemptions & Exclusions Jurisdictions have differing exemptions and exclusions from their PI licensing requirements, and some offer no exemptions at all from licensure requirements. Examples of exceptions from PI licensure in various jurisdictions include attorneys, CPAs, government officials, individuals conducting genealogical research, computer forensics experts, insurance adjusters, expert witnesses and reporters. Most states exclude someone performing an investigation on behalf of his or her employer, such as an internal auditor or company detective while others provide no such exceptions. Some states specifically exempt a person conducting computer forensic examinations, while other states specifically include them in the definition of an investigator requiring a PI license. Each investigator is responsible to ensure they’re in compliance with the law, so you need to consult your legal counsel. Don’t wait to be embarrassed on the stand or find yourself charged with a crime. Proactively investigate the necessity of licensure in the jurisdictions in which you practice. Bonds Many jurisdictions require that the private investigator or his or her firm be bonded; the amount of required bond varies by jurisdiction and ranges from 6 $2,500 to $100,000. A few states require liability insurance . some allow it in lieu of a bond. Expert Testimony If you’re going to testify as an expert witness or fact witness, be sure that you’re either properly licensed within that jurisdiction or specifically exempted from licensure requirements. Otherwise, opposing counsel can accuse you of violating the law during cross examination, or the judge may choose to disallow your testimony entirely. Either way, your case and professional reputation could be severely damaged License Disqualifiers Although you should refer to your particular state’s disqualifiers, most states will disqualify you from applying for a PI license if any of the following conditions exist for you: • Are under 18 years of age and are applying to be a private investigator, or private investigator associate (intern). • Do not have three years of investigative experience • Are not a citizen or legal resident who is authorized to seek employment in the United States • Have ever been convicted of a felony, whether or not your conviction was subsequently set aside and your Civil Rights were restored • Are currently under indictment for a felony, or named in an outstanding arrest warrant • Have been convicted of any misdemeanors involving personal violence, misconduct with a deadly weapon, dishonesty or fraud, arson, theft, domestic violence, narcotics, or sexual misconduct within the last five years preceding your application • Are on parole, community supervision, work furlough, home arrest, or release on any other basis • Are on probation pursuant to a conviction for any act of personal violence or domestic violence • Have been adjudicated