Although the private investigation industry was largely unregulated, it does require aspiring PIs to obtain and maintain a license.  Licenses are usually valid for a set number of years, after which the private investigator will have the option to have it renewed.  However, there are also a number of ways that could cause you to lose your private investigator license.  In case you plan to work as a PI in the future, these are some of the reasons your license could get revoked:

Gross negligence
Negligence in the performance of duties is one of the main reasons that private investigators lose their licenses.  If they are careless or cause their clients or anyone unnecessary harm, it is considered as a violation.

Incompetence
Becoming a private investigator takes skill, training and experience.  Many of the cases that PIs are involved with require specialized knowledge.  If the PI has demonstrated that he or she lacks the necessary skill or ability to perform his duties, it could cause him to lose his license.

Fraud
If the private investigator has committed fraud or any act in which he or she has deliberately cheated his client/s or any person involved directly or indirectly with the investigation, it is considered reason enough to revoke his license.  Fraud may also be committed if the private investigator has obtained money, gifts or favors illegally or through the use of conscious deception.

In case the private investigator used a false identity during the time they applied for a license or if they have falsified their records, they could also stand to lose their private investigator license.  Furthermore, falsification of documents could even result to a criminal prosecution.

Misrepresentation
When performing their jobs, private investigators must sometimes have to use certain techniques in order to obtain the information they need.  They could, for example, use certain pretexts.  However, they are bound by law not to use misrepresentations of any kind.  They cannot claim authority or licenses that they actually do not have.

In case they use advertising to promote their business, private investigators must also take care not to misrepresent their services.  They cannot, for example, promise to perform certain duties that they cannot deliver or for which they have no authority to perform.

Felony conviction
Applicants for a private investigator license are required to have a clean criminal record.  If they can’t demonstrate this, they will not be able to obtain their license.  However, even if they are already practicing as licensed investigators, they could still lose their license in case they become involved in a crime or become convicted of felony charges.  This is especially so if the crime reflects negatively on their moral and professional integrity and honesty.

image credits to jantik

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Computer forensics is still a new field, and the laws aren’t quite that clear yet on which acts are considered legal and rightful. This has created quite a dilemma for the RIAA, whose fight against piracy involves unlicensed private investigators doing computer forensics work to discover the identities of suspected file-sharers.

The Michigan Department of Labor and Economic Growth has recently filed two lawsuits against MediaSentry Inc., an unlicensed private investigation that often works for the Recording Industry Association of America or RIAA in the organization’s continued battle against copyright infringement. The first complaint was filed by a student from the University of Michigan in Ann Arbor while the subsequent complaint was from Central Michigan University in Mount Pleasant.

MediaSentry is under SafeNet Incorporated, a firm that supposedly offers online content distribution and protection services to large entertainment and media companies. Both lawsuits filed against MediaSentry focused on the firm’s lack of license to operate as a private investigation company.

According to the Assistant General of Central Michigan University, the school was mainly concerned about how some of its students could have been subjected to “potentially illegal” investigations conducted by the said company. The university’s director of media relations, Steve Smith, further explains that the university only wishes to ensure that all information gathered against its students had been obtained through legal means and by a legally licensed establishment. It is also their hope that the RIAA would only engage the service of a legally licensed establishment for obtaining such information in the future, consequently ensuring that all subpoenas served have been properly obtained.

In the first complaint, the unnamed plaintiff described the investigation he had been subjected to by MediaSentry as “intrusive and illegal”. The nature of activities and the extent to which the company had performed its investigation were detailed in the lawsuit, with the student further claiming that all those actions had been taken to determine his identity, his online activities, and the nature and content of files in his computer. The letter concluded that only a private investigator was qualified to perform such activities, and for that, a license to operate as private investigator was required from MediaSentry.

These lawsuits can considerably weaken the standing of the RIAA in its copyright infringement cases. If any of the lawsuits goes against them, they may not be permitted to use the evidence gathered by MediaSentry in court. Worse, the results of these lawsuits could influence the outcome of other similar cases that MediaSentry, and to a certain extent the RIAA as well, is facing in other states like North Carolina, Oregon, and Massachusetts.

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Hiring a private investigator is not merely a matter of finding the most popular or affordable investigator in your area. If you are in need for such services because of something you care deeply about, there are other equally important factors you should also take into consideration.

License
Narrow your list to licensed private investigators. Those with licenses tend to have more experience and credentials. A permit to operate as private investigator also allows them greater freedom in their work as well as greater access to various resources, two things that unlicensed private investigators won’t be able to provide.

Insurance
This may be more of a safety precaution than a necessity, but it’s truly better to hire an insured private investigator than one who isn’t. In the event that something does happen, you can at least feel assured he will not hold you liable.

Past Clients
The process of looking for a private investigator is similar to what you would normally do when you’re looking for a suitable applicant. For one thing, you should ask about the previous cases or investigations they’ve completed. Who had they worked for? How did they fare? Would they be able to supply references you can verify?

Experience
Experience comes in various forms, and it’s important that you hire a private investigator with the exact kind of experience you need. The number of years he has dedicated to the business is important, but it isn’t all that matters. You want to be more specific: exactly how many cases has he handled that are similar to or exactly the same with yours? How had he fared in those cases?

This is also where specialization enters the picture. Specialization is something you can only build with time and experience. Look for a private investigator with knowledge and skills pertinent to your case. If you are searching for a corporate private investigator, look for one who may have also worked previously as a corporate manager or at least one who’s greatly familiar with the ins and outs of doing business.

Time Frame
Last but not the least, always ask for a time frame! Being able to give an estimate time of completion as well as letting you know the kind of results you can expect to receive in that period is what separates the amateurs from the pros. And as hiring private investigators can be quite costly – they can charge you from $65 to $200 per hour – it’s better to know approximately how much you’ll have to pay them on the outset.

image credits to moriza

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