Everyone has heard of or seen a media portrayal of a private investigator that investigates crimes, assists parents of kidnapped children, or tracks down parties that are hiding. Although the media exaggerates certain job duties of private investigation, it is an actual career within the United States. In fact, according to the United States Bureau of Labor Statistics (“BLS”), there were over 37,000 private investigators in 2021.
As far as the definition for private investigation, private investigation is the practice of private (i.e. non-government) individuals or businesses that conduct information gathering on behalf of a paying client. According to the BLS, private detectives and investigators search for information about a variety of different topics, such as legal, financial, and personal matters.
Private investigators also offer many other services, such as verifying people’s backgrounds, verifying financial statements, finding missing people, and investigating cyber crimes. For example, in the investigation of a cyber crime, private investigators will utilize various different softwares to identify the party that was responsible for the cyber crime.
Then the private investigator will share the information that they gathered, such as the identity of the alleged criminal, the alleged criminal’s location, and what technology the alleged criminal may have utilized during the commission of the alleged crime with their client.
At that point, the client that hired the private investigator may turn over the information that was gathered to the proper authorities to pursue criminal charges. Additionally, the individual that was harmed may also initiate a private civil lawsuit against the party that harmed them, if they suffered financial damages.
How Does an Individual Become a Private Investigator?
In order to become a private investigator, an individual will typically attend some sort of private investigator school in order to gain the skills necessary to become a private investigator. Additionally, the school will also typically assist the individual with getting the appropriate state license necessary to operate as a private investigator within the state.
The required education for a private investigator will vary greatly with the job, but most private investigation firms require at least a high school diploma. Additionally, many private investigation firms require an investigator to have a post high school degree that is in an appropriate field, such as a criminal justice degree.
As far as additional training, most private investigators will typically shadow another private investigator and learn through on the job training that may last between 6 months to a year. There may also be additional training required based upon the firm that hires the investigator to work for them. For example, a private investigation firm that specializes in insurance fraud may require any private investigator that is hired to take additional training regarding insurance or obtain a degree in a related field.
Further, private investigators will also commonly have previous work experience in a field similar to private investigation. For example, individuals that were detectives and worked in public jobs such as law enforcement, the military, or federal intelligence are often offered positions as a private investigator. In fact, many individuals that have extensive backgrounds as investigators as a public employee switch to private practice and open their own investigation firm.
Other examples of positions that may serve to transition to a private investigation position include employment related to bill collection, claim adjusters, private process servers, and legal workers, to name a few.
Are Private Investigators Required to Be Licensed?
In short, yes. According to the BLS, most states require private investigators to have a professional license. As such, if you wish to work as a private investigator or are contemplating hiring a private investigator, it is important to check with your local state’s professional private investigation board.
Additionally, there are many professional organizations that provide certifications for private investigators. Although it is not required for a private investigator to obtain certifications from a professional organization, obtaining a certification often demonstrates the competency of the investigator and helps build trust with clients.
For example, private investigators that specialize in criminal defense investigation may become certified by the “National Association of Legal Investigators” and receive a Certified Legal Investigator certification. Another well known professional organization for private investigators is ASIS International, formerly known as the American Society for Industrial Security. ASIS also offers professional certifications and training for private investigators.
When Are Private Investigators Utilized?
As mentioned above, private investigators are most often hired by clients that wish for them to gather certain information. As far as what that information is, that will be dependent on the client’s needs.
For example, in family law cases, a private investigator may be hired by one of the parties involved in the lawsuit to investigate claims of whether or not adultery has occurred, or to investigate the living conditions of one of the parents of a child. Such information is often relevant in the division of marital property, as well as which party should be granted custody of a child.
Private investigators are also hired directly out of their private investigator school by insurance companies or other professional firms. For instance, investigators that specialize in criminal investigations may be hired by criminal defense law firms. Investigators who specialize in process serving and locating persons may be hired by law firms that specialize in civil lawsuits to locate parties responsible for causing damages to that firm’s clients.
Private investigators may also be utilized to confront individuals who are committing fraud. Then the investigator will utilize covert video recording to gain direct evidence of the fraudulent acts.
What Are Some Legal Issues Surrounding Private Investigators?
It is important to first note that private investigators are private workers, and are not public employees, such as law enforcement. This is important to understand as police officers are allowed to engage in certain acts and activities for the safety of the public, whereas a private individual may not do the same.
This means that although a private investigator school may teach an individual many of the same skills that would be useful for a police officer, private investigators enjoy none of the legal privileges that are afforded to police officers. For example, private investigators cannot arrest or unlawfully detain anyone. A private investigator’s job is to gather information for their clients, not to enforce public law.
Additionally, if a police officer accidentally causes an injury to a suspect during a chase or arrest, the police officer is often shielded from legal liability, unless they grossly deviated from their duty of care.
However, if a private investigator causes an injury to someone else in the course of their work, the law will treat them the same as any other private citizen. This means that they may be charged with a crime of assault, battery, or false imprisonment for their actions.
Further, in many states, private investigation is a heavily-regulated industry. As such, private investigators are required to obtain and timely renew their license to continue operating as a private investigator. If they fail to renew their professional licensure, and continue to operate as a private investigator, they may face civil or criminal penalties.
Do I Need an Attorney for Help With Private Investigation?
As can be seen, the field of private investigation is often utilized in a wide array of legal matters. As such, if you are contemplating hiring a private investigator it is in your best interests to first consult with a criminal attorney that specializes in the particular field of your lawsuit to help you determine whether hiring an investigator is necessary.
Oftentimes attorneys and private investigators will work hand in hand during a lawsuit. For example, in a family matter the private investigator will provide evidence of adultery or a false financial statement to the family lawyer who will then put the information into a proper exhibit that can be utilized in family court. Without an attorney, the information gathered by a private investigator will likely not be able to be utilized in court.
