Private Detective Services Explained
When you open the yellow pages under the "detective agencies" heading, you will see dozens of companies that claim to provide private detective services. But what can a private detective do for you? How do you know you need a private detective in the first place?
The duties of private detectives encompass a wide range of activities. Traditionally, persons needed to hire detectives to conduct surveillance and background checks, or to put together evidence for court. But today, many private detective services are being used to find missing persons and to perform background checks. Private detectives may be able to help on top of the following situations as well:
Most of these matters involve gathering evidence for family law issues. Detectives gather evidence in order to corroborate a person’s story . They report back to the client and oftentimes are called to testify in court. Many people who hire private detectives are in the throes of emotion, such as having suspicion about a spouse. A competent detective can give a person a new perspective on family issues before going to an attorney for help.
Detectives gather information through many different means. The most popular method is surveillance, followed by public record searches and by interviewing people. Some detectives also sift through personal records. For instance, detectives perform forensic accounting to analyze unusual transactions in bank or financial records.
Overall, private detectives are asked to answer questions and gather evidence for a variety of people. The key is to make sure that the private detective you choose is experienced in the area that you need assistance.
Is It Legal to Hire a Private Detective?
Whether you’re hiring one for frivolous reasons, or you have a legitimate need for the skills of a private investigator, the fact of the matter is that you don’t have much to worry about in terms of legality either way. Provided you’re not hiring them to obtain illegally obtained information in a criminal case – and let’s be honest, hiring a P.I. to track down that ex isn’t criminal – there’s no cause for concern whether or not you’re breaking the law.
When you boil it all down, hiring a private investigator is completely legal as long as your intention behind hiring them is that of any other licensed profession:
Of course, certain jurisdictions are going to be understandably more strict than others, but in general, unless you’re hiring a private investigator to assist with a crime you’re committing, you’re not doing anything illegal, and there are probably opportunities for them to help you (legally).
In many cases, a private investigator is hired by an individual or business to locate persons, assets, or property, in line with a lawful investigation into a civil matter. Outside of these restrictions – such as if you want to hire someone to enforce a contract, perform a citizen’s arrest, stalk, harass, or intimidate – the costs vs benefits should be considered before taking matters into your own hands.
Keep in mind that in some jurisdictions in other parts of the world, simply hiring a private investigator may be a criminal act in and of itself. In some areas, certain countries, and so on, hiring any person with less than an official investigation license may be enough to get you in trouble, and those penalties could be a lot worse.
Legal Investigative Practices vs. Illegal Methods
As mentioned above, there are several quarry specific techniques and methods used by private detectives that are not legal or lawful, specifically where they violate a person’s right to privacy. A few examples of illegal investigation techniques that private detectives should not use, unless they want to face criminal or civil liability for their actions, follow below:
Because a check of people’s social media accounts and websites like Facebook, LinkedIn, etc. may be the most quickly, easily and inexpensively done aspect of modern surveillance, it brings to mind how careful we all should be about posting personal information about ourselves online, particularly in terms of disclosing personal data that could make it easier for a private detective to locate us if we don’t want to be located. A great deal of work can be done merely by checking someone’s social media sites and then cross referencing public records and databases to try to locate you. Even something as innocuous as the name of your dog or cat, followed by a child’s name, will give a sophisticated private detective the tools he or she needs to locate you, particularly if you live or do business in a relatively accessible area or community.
An undercover private detective may not impersonate a government employee, a law enforcement officer, a doctor or a similar type person, or commit any action which would falsify one or more of their credentials. They also may not use deception (ex. like drugs or alcohol) in order to obtain the target’s consent or participation to obtain evidence. For example, a PI cannot get someone to consent to a body cavity search by telling them "I am a law enforcement officer who is allowed to perform this search under X regulation" when this is false.
There are some investigation cases in which a law enforcement officer works together with investigators or private detectives. By way of example, if you own a used car lot and a detective thinks that your employees are selling stolen cars, the detective might ask the police to investigate your lot. The police officer might get a search warrant so the police can go on the lot and inspect it. A private detective also could go on the lot and—without any special permission or authority—look at your vehicles. The detective performs the type of work used by a police officer, but the police officer could get involved if necessary.
Unlike a system like Facebook, which you have signed up for on your own and therefore have no expectation of privacy (so what you post on it is not in general protected by a right of privacy), if you do not publicly post your information or pictures, there is no reason to believe someone would have an interest in seeking it out. It is therefore normally protected by a right to privacy (although information from the State Department, the FBI, credit card companies, and other government regulators and agencies, as it is likewise for Facebook, over-rides this right to privacy). So if a detective takes that step and calls to request these un-posted pictures or information, he or she has crossed the line into illegal, unlawful, or criminal investigation.
Lawyer detectives may therefore ask a family member to authorize this type of search or to get the search warrant from the court artifacting the person’s identification and giving them permission to reveal this type of information.
A PI cannot hack into a phone to download or stream personal cell phone videos. They have to obtain the videos and their content through legal, lawful methods (like getting a person’s consent). Similarly, there are academics and doctors who study behavior and trends. If they study a person who has committed fraud for example, see if their pattern fits with a normal sample of people, a researcher can usually obtain their records legally through a search warrant or a properly issued subpoena. In contrast, private detectives cannot obtain records, either medical or financial or otherwise, without a search warrant, a court order, or a properly issued subpoena—and these are generally obtainable only through a law enforcement agency or a lawyer.
The principles and reasons behind this exception are clear. If a person has something which he or she wants to hide, put away from the eyes of the world, and the world has to try to find it in order to expose it, then the person’s fundamental right to freedom and privacy is being violated, if the world gets access to the target without having adequate oversight or limitations on the scope and extent of the access.
While a private investigator may not engage at all in illegal, unlawful or criminal behavior, there are occasions in which the need to access information and evidence may require them to work with a law enforcement officer (who has expansive rights to access this information) or a lawyer in the same fashion. On those occasions, the private investigative may legally and lawfully represent the lawyer or law enforcement agency (who is generally held legally responsible for what the PI does). Thus, it is important to keep in mind both the scope of the private investigator’s permissible actions, which are those limited scope actions which are legal, lawful, and allowed, and those actions which involve illegal, unlawful, and criminal investigation techniques which the private detective must avoid at all costs for both his or her own sake and for the sake of his or her client.
For example, a PI cannot attach a hidden camera to the front of your home, apartment, or business (or in places like a bathroom, medical facility or doctor’s office); however, they can take videos or photos from the street, sidewalk, or front polling area of some type (ex. with a digital camera).
Private Detective Licensing
Before you enlist the help of a private detective, it is important to understand that there are many regions around the world which require private investigators to be licensed. Laws vary among different states, countries, and territories but typically include background checks and qualifications that must be met before applicants can pass an exam to become licensed. Licenses are issued by the local or state licensing authority and are not transferrable to different jurisdictions. Therefore, a private detective in one country may not work in another country without applying for a license in that region . Many believe that private detectives should be licensed before being hired because this reduces the number of parties who may operate under the term "detective" without the proper qualifications and training. There are also professional organizations in certain regions that private detectives must join to remain licensed, which often includes continuing education programs and annual dues. Because of laws that require private detectives to be licensed, it is a good idea to only do business with licensed professionals in your area. If you choose to retain the services of a private detective from another region, you should ensure that they follow all of the rules and regulations set by the region they operate in and your own.
Privacy Implications and Ethical Considerations
Private investigations, depending on their nature, can touch on some extremely sensitive areas of privacy. That is precisely why private detectives are subject to strict regulations, including the Personal Information and Electronic Documents Act (PIPEDA) and the Investigative & Security Services Act (IS Act). Both acts regulate the private investigative industry. PIPEDA sets out strict rules regarding the collection, use and disclosure of personal information in private investigations. PIPEDA defines personal information as "information about an identifiable individual." This can include anything from someone’s home address to their social insurance number, health history, or even their employment information. The list goes on and on. For a private investigator, such information is required to conduct, for instance, a background investigation into a potential employee. The key thing a private investigator needs to remember, however, is that they are limited by the bounds of PIPEDA. As remarkable as some private investigators may be, there are limits to their powers, and exceeding those powers is a violation of the law. Private investigators are not police officers (who are granted special powers under the Criminal Code of Canada), and as such cannot break the law themselves in attempting to enforce the law against another person. The IS Act also includes ethical considerations. An individual who provides security and investigative services must adhere to certain standards of honesty and integrity. For instance, an investigation must never be conducted in a manner that causes injury, damage or harm to any person or property. An investigator must never engage in deceitful or fraudulent practices. An investigator must immediately disclose to their employer if they are under a criminal charge themselves. The IS Act states that an individual must take reasonable care in safeguarding property and ensuring it does not become damaged, lost, destroyed or removed, and to comply with the requirements of any applicable law and the terms of any license issued. If they do not do so, then they can be found guilty of an offence, and fined between $1,000 or $250,000—for a first offence. For a subsequent offence, an investigator can be fined up to $50,000. These are serious matters and serious offences, and for good reason. Intrusions on privacy can devastate lives. Personal information can have a huge impact on a person’s career or personal life. Private investigators are entrusted with sensitive information, and handling that information (and the investigation) both responsibly and ethically is paramount to the private investigation’s reputation as a whole. These regulations ensure that private investigators are able to continue to provide their important services to the public without overstepping their boundaries, infringing on personal privacy rights or invoking other problems.
Hiring a Good Private Detective
There are many avenues one can take in the quest for a reputable private detective and while there are no guarantees to any one approach, there are some approaches that are more reliable than others. You should do a thorough search on the Internet, but beware of those who claim to be private detectives because they spent an hour on the Internet. While there are many great sources online, it will take more than a few hours of Internet work to find a reliable private detective. It’s always a good idea to consult local law enforcement or a lawyer to work with. They may or may not have a resource but it is best to give them a try. This is a starting point but by no means should be considered the final word. Your lawyer may or may not know of someone but again, this should just be part of the process of finding a private detective. You can certainly ask your lawyer for a referral but if he or she does not know of one, it is not the end of the world.
Assuming you want to do some initial groundwork yourself, the first step would be to check local phone directories and search online. You should be searching for someone calling themselves a private investigator or detecting agency. Look for excerpts from professional organizations, in the ad, such as the National Council of Investigation and Security Services, Inc. (NCISS) or the Professional Private Investigators Association of Colorado (PPIAC). There are other credentialing organizations as well. This can provide a little insight into their credentials and give you the starting point for a few questions when you interview them.
Once you create a list of potential candidates, start calling. Does anyone answer the phone? Can you talk to them personally? Once on the phone, you might ask: Private detectives frequently provide their client with a detailed report of all the information they discovered through their investigation. Typically, this report contains a cost/price breakdown for all activities they performed on behalf of the client as well . Make sure to ask for references and be sure to check them out. Apparently there are many people willing to call and provide a reference without even knowing if they did business with them. Ask if they can provide a copy of a report from a past client. This should also be done with caution because there is proprietary information that they cannot provide. A conversation with the reference would be more helpful, but not always possible. If a detective is unwilling to provide this information, beware. Question their professional ethics and abilities. Make sure to ask how long they have been in business. Once in business, they have acquired quite a portfolio of contacts and experience. The longer they’ve invested in their business the more assets they’ve acquired. The shorter they’ve been in business the less they’ve acquired. Then again, there are some detectives that have worked with a stable company for years helping to gather this experience but have only been in business a few months. The experience certainly tops the time factor. Yes, this is absolutely essential to hiring any contractor to perform any services. And yes, you should take this as the final authority on hiring someone. However, sometimes the government may be slow to update their files. Some agencies are not licensed and therefore are not recorded. But if you know that the detective you are contemplating hiring is licensed with any state agency, you should call them and verify the facts. Otherwise, this may not be necessary. One of the best methods of verifying a private detective’s credentials is to verify them through the Internet. You can verify anything you want through the Internet as long as the information is available and up to date. Information such as licensure, criminal records, and their website (if they have one). There are some background check companies online, but many of them do not have an up to date database. you should verify the accuracy of the information with the government agency assigned to license said private detective.