Aprivate investigator(often abbreviated toPIand informally called aprivate eye), aprivate detective,orinquiry agentis a person who can be hired by individuals or groups to undertake investigatory law services. Private investigators often work forattorneysin civil and criminal cases.
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History
editIn 1833,Eugène François Vidocq,a Frenchsoldier,criminal, andprivateer,founded the first known private detective agency, "Le Bureau des Renseignements Universels pour le commerce et l'Industrie"[1]( "The Office of Universal Information For Commerce and Industry" ) and hired ex-convicts. Much of what private investigators did in the early days was to act as the police in matters for which their clients felt the police were not equipped or willing to do. Official law enforcement tried many times to shut it down. In 1842, police arrested him in suspicion ofunlawful imprisonmentand taking money on false pretences after he had solved anembezzlementcase. Vidocq later suspected that it had been a set-up. He was sentenced to five years and fined 3,000francs,but the Court of Appeals released him. Vidocq is credited with having introduced record-keeping,criminology,andballisticsto criminal investigation. He made the first plaster casts of shoe impressions. He created indelibleinkand unalterable bond paper with his printing company. His form ofanthropometricsis still partially used by French police. He is also credited for philanthropic pursuits – he claimed he never informed on anyone who had stolen for real need.
In the United Kingdom,Charles Frederick Fieldset up an enquiry office upon his retirement from theMetropolitan Policein 1852. Field became a friend ofCharles Dickens,and the latter wrote articles about him. In 1862, one of his employees, the HungarianIgnatius Paul Pollaky,left him and set up a rival agency. Although little-remembered today, Pollaky's fame at the time was such that he was mentioned in various books of the 1870s and immortalized as "Paddington" Pollaky for his "keen penetration" in the 1881 comic opera,Patience.
In the United States,Allan Pinkertonestablished thePinkerton National Detective Agency– a private detective agency – in 1850. Pinkerton became famous when he foileda plottoassassinatethen President-electAbraham Lincolnin 1861. Pinkerton's agents performed services which ranged from undercover investigations and detection of crimes, to plant protection and armed security. At the height of its existence, the number of Pinkerton National Detective Agency active agents and reserves rivaled the number of active soldiers and reserves in theUnited States Army.[2][3][4]Allan Pinkerton hiredKate Warnein 1856 as a private detective, making her the first female private detective in America.[5]
A larger role for this new private investigative industry was to assist companies in labor disputes. Some early private investigators provided armed guards to act as a private militia.[2]During the union unrest in the US in the late 19th century, industrialists would hire Pinkerton agents as undercover operatives to infiltrate and disrupt union activity or serve as armed guards for factories. In the aftermath of theHomestead Riotof 1892, several states passed so-called "anti-Pinkerton" laws restricting the importation of private security guards during union strikes. The federalAnti-Pinkerton Actof 1893 continues to prohibit an "individual employed by the Pinkerton Detective Agency, or similar organization" from being employed by "the Government of the United States or the government of the District of Columbia."[2][6]
Pinkerton agents were also hired to track western outlawsJesse James,theReno brothers,and theWild Bunch,includingButch Cassidyand theSundance Kid.
Employment
editMany private detectives/investigators with special academic and practical experience often work with defenseattorneysoncapital punishmentand othercriminal defensecases. Others areinsurance investigatorswho investigate suspicious claims. Before the advent ofno-fault divorce,many private investigators sought evidence of adultery or other conduct within marriage to establish grounds for a divorce. Despite the lack of legal necessity for such evidence in many jurisdictions, according to press reports, collecting evidence of spouses' and partners' adultery or other "bad behaviour" is still one of their most profitable undertakings, as the stakes being fought over now are child custody, alimony, or marital property disputes.[2]
Private investigators can also performdue diligencefor an investor considering investing with an investment group, fund manager, or other high-risk business or investment venture. This could help the prospective investor avoid being the victim of fraud. A licensed and experienced investigator could reveal the investment is risky and/or the investor has a suspicious background. This is called investigative due diligence, and is becoming more prevalent in the 21st century with the public reports of large-scalePonzi schemesand other fraudulent investment vehicles.
There are also cases ofcorruptprivate detectives who, at times, have been known to work for criminals such asstalkersandcrime Boss esto track down escaped victims, rival criminals and/orwitnessesthat have gone into hiding or to gather compromising evidence against witnesses,informants,prosecutorsand/or police investigators that could be used in upcomingtrials.[7]
Responsibilities
editPrivate investigators also engage in a variety of work not often associated with the industry in the mind of the public. For example, many are involved inprocess serving,the personal delivery of summons,subpoenas,and other legal documents to parties in a legal case. The tracing of absconding debtors can also form a large part of a PI's work load. Many agencies specialize in a particular field of expertise. For example, some PI agencies deal only in tracing.
A handful of firms specialize intechnical surveillance counter-measures,sometimes called electronic counter measures, which is the locating and dealing with unwanted forms of electronic surveillance (for example, a bugged boardroom for industrial espionage purposes). This niche service is typically conducted by those with backgrounds in intelligence/counterintelligence, executive protection, and a small number from law enforcement entities whose duties included the covert installation of eavesdropping devices as a tool in organized crime, terrorism and narco-trafficking investigations.
Other PIs, also known as corporate investigators, specialize in corporate matters, including antifraud work, loss prevention, internal investigations of employee misconduct (such asEqual Employment Opportunitiesviolations and sexual harassment), the protection ofintellectual propertyandtrade secrets,antipiracy,copyright infringementinvestigations, due diligence investigations, malware and cyber criminal activity, andcomputer forensicswork. Some PIs act as professional witnesses where they observe situations with a view to reporting the actions or lack of them to a court or to gather evidence inantisocial behavior.[2]
Undercover investigator
editAn undercover investigator, undercover detective, or undercover agent is a person who conducts investigations of suspected or confirmed criminal activity while impersonating a disinterested third party. Undercover investigators often infiltrate a suspected insurgent group, posing as a person interested in purchasing illegal goods or services with the ultimate aim of obtaining information about their assigned target.[8]
Many undercover investigators carryhidden camerasand recorders strapped to their bodies to help them document their investigations. The period of the investigation could last for several months, or in some extreme cases, years. Due to the dangerous nature of the job, their real identities are typically kept secret throughout their active careers.[9] Economic investigations, business intelligence and information on competitors, security advice, special security services information, criminal investigation, investigations background, and profile polygraph tests are all typical examples of such a role.
Certain types of undercover investigators, depending on their employer, will investigate allegations of abuse of workman's compensation. Those claiming to be injured are often investigated and recorded with a hidden camera/recorder. This is then presented in court or to the client who paid for the investigation.
Around the world
editMany jurisdictions require PIs to be licensed. Depending on local laws, they may or may not carry afirearm.Equipment can vary greatly, but generally involves a wide variety ofsurveillance equipmentand recording devices. While PIs may investigate criminal matters, they typically do not hold anylaw enforcement authorityby virtue of the position, regardless of licensure. Private investigators’ authority is usually identical to other citizens’ (off-duty or retiredlaw enforcement officersserving as a PI may retain their police powers at all times, depending on the jurisdiction). They are expected to keep detailed notes and to be prepared to testify in court regarding any of their observations on behalf of their clients, irregular hours may also be required when performing surveillance work.[2]Great care is required to remain within the scope of the law; otherwise, the private investigator may face criminal charges. However, there are also cases around the world, of corrupt or rogue private investigators who have obtained people's private data and information through illegal means.[10][11][12][13]These include phone hacking,[14]pretexting,identity theft and other illegal means of accessing government, insurance and police databases[15][16]to obtain highly sensitive private information on their targets.
Australia
editPrivate investigators in Australia must be licensed by the licensing authority relevant to the state where they are located. This applies to all states except the Australian Capital Territory.[17]Companies offering investigation services must also hold a business licence and all their operatives must hold individual licences. Generally, the licences are administered and regulated by the state police; however, in some states, this can also be managed by other government agencies.[18]The evidence collected by private investigators must adhere to strict rules of admissibility. If proper protocols are not followed during the investigation services, the evidence may be deemed inadmissible in the court of law.[19]
To become registered in New South Wales requires a Class 2E licence, which can be applied for through the NSW Fair Trading website.[20] The Australian Capital Territory does not require PIs to be licensed, although they are still bound by legislation. PIs working in the ACT cannot enter the NSW area without a CAPI license, else they will be in breach of the law.[citation needed] In Queensland, a private investigator need to be licensed under theQueensland Governmentand apply for a private investigator licence[21]by completing an application for a security provider licence. Applicant will need to have a criminal history check and submit fingerprint.
UK
editIn 2001, the government passed the licensing of private investigators and private investigation firms in the UK over to theSecurity Industry Authority(SIA), which acted as the regulatory body from then on. However, due to the cutbacks of this agency, licensing of private investigators[citation needed]in the UK was halted indefinitely. At present, no government-backed authorities in the UK license private investigators.
The SIA have announced that PIs in the UK were to become licensed for the first time from May 2015, but this is only the scheduled date for the issue to be discussed in parliament. In December 2014, Corporate Livewire produced an article written by a UK private investigator at BAR Investigations, addressing the issues surrounding private investigation[22]in the UK.[23][24] The cost of hiring a PI in the UK can vary depending on the complexity of the investigation and the experience of the PI. However, it is typically in the range of £200 to £500 per day.
United States
editPrivate investigators in the United States may or may not be licensed or registered by a government licensing authority or state police of the state where they are located. Licensing varies from state to state and can range from: a) no state license required; b) city or state business license required (such as in five states (Idaho,Alaska,Mississippi,South Dakota,andWyoming); c) to needing several years of experience and licensing-related training classes and testing (as is the case withVirginia,West Virginia,[25]andCalifornia).[26]In many states, companies offering investigation services must hold an agency license, and all of their investigators or detectives must hold individual licenses or registrations;[citation needed]furthermore, certain states such asWashingtonhave separate classes of licensing for roles such as trainers of private investigators.[citation needed]A few reciprocity agreements allow a detective working in one state to continue work in another for a limited time without getting a separate license, but not all states participate in these agreements.[citation needed]
In 1877,Coloradobecame the first state in the union to institute licensing requirements for private investigators, as stated in the 1877 Legislative Manual.[27]In 1977, whenEl Paso Countychallenged a local security company's right to conduct investigations without a license, theColorado Supreme Courtdeclared the licensing law too vague because it didn't adequately define a "detective business" and struck it down. Following this, several private investigators formed Professional Private Investigators Association of Colorado (PPIAC) in order to try to get the licensing laws reinstated, but the bills died in the General Assembly.[28]On June 10, 2011,GovernorJohn Hickenloopersigned into law Colorado House Bill 1195, which reinstated licenses for private investigators on voluntary basis effective July 1, 2012. A license applicant would have to be of 21 years of age or older, hold United States citizenship and have at least 4,000 hours of work experience as an investigator or part of a local, state or federal law enforcement agency; or 2,000 hours with post-secondary education.[29]
On June 6, 2014, Hickenlooper signed into law Senate Bill 133, which effective June 1, 2015, made licensure mandatory. This split the licenses into two categories: Class I, requiring the applicant to be 21 years of age or older, hold United States citizenship and pass the Colorado Jurisprudence Exam. Class II requires in addition to Class I requirements a minimum of 4,000 hours of work experience as an investigator or part of a local, state or federal law enforcement agency.[30]In 2019, following a review, theColorado Department of Regulatory Agencies' Office of Policy, Research and Regulatory Reform suggested licensure requirement elimination, predicting "little to no consumer harm".[31]In June 2020, GovernorJared Polisvetoed House Bill 1207 to keep licensure requirements, causing the licensure requirements to expire on August 31, 2021.[32]
Florida has 3 types of licenses - Class CC for private investigator intern, C for private investigator, and MA for manager of a private investigative agency. As Class C license requires at least 2 years of experience, most applicants start with Class CC, which allows them to work under a sponsorship of a licensed Class C investigator.[33]
For a Private Investigator License in New York, an investigator needs 3 years of verifiable experience, and to pass a NY State Department of State Division of licensing Services exam.
In 1893a federal lawwas passed explicitly barring the government from employing the Pinkerton Detective Agency or a similar agency.
Canada
editPrivate investigators in Canada are licensed at the provincial level by the appropriate body. For instance, in the province ofOntario,private investigators are licensed and regulated by the Ministry of Community Safety & Correctional Services (MCSCS).[34]In the province ofAlberta,private investigators are licensed and regulated by the Alberta Justice and Solicitor General.[35]Similar licensing requirements apply in otherprovinces and territories of Canada.As per theOntariotext of thePrivate Security and Investigative Services Act of 2005,private investigators are forbidden from referring to themselves asdetectiveorprivate detective.In order to become a licensed private investigator, you must be 18 years of age or older inOntario(in otherProvinces and territories of Canadathe eligible age to work may be higher); have a clean criminal record or obtain a waiver; and submit a correctly completed application for a license. You are required to complete 50-hours of basic training with an accredited source such as a university, college, or through private agencies licensed to administer the course. Upon completion of basic training, individuals are required to write and pass the basic test to obtain a private investigator's license.
Fiction
editThe PI genre in fiction dates toEdgar Allan Poe,who created the characterC. Auguste Dupinin the 1840s. Dupin, an amateur crime-solver residing in Paris, appeared in three Poe stories. In addition,Sherlock Holmes,created byArthur Conan Doylein the late 1880s, is arguably the most prominent private investigator in fiction.[36]
Notable private investigators
editIn reality
edit- Jay J. Armes
- Edwin Atherton
- P. Balasubramaniam
- Guy Banister
- Rick Crouch
- David Fechheimer
- Charles Frederick Field
- Dashiell Hammett(also a notable author of detective fiction)
- Paul Henderson
- Justin Hopson
- James McParland
- Gordon Novel
- Jack Palladino
- Rajani Pandit
- Anthony Pellicano
- Allan Pinkerton
- Josiah "Tink" Thompson
- Eugène François Vidocq
- Kate Warne
- David P. Weber
In fiction
editWhere the characters below do not meet the strict criteria of a private investigator (i.e. available for hire) it is noted in brackets.
American
editIndian Bengali
editEuropean
editComics, graphic novels, and manga
editFilm and television
edit- James Bedsop
- Mitch Buchanan (Baywatch Nights)andBaywatch
- Angel (Buffy the Vampire Slayer)
- Richard Castle
- Nick and Nora Charles
- Chip n' DalefromRescue Rangersiterations.[37]
- Frankie Drake
- Paul Drake(Perry Mason)
- Mike Ehrmantraut
- Phryne Fisher
- Jessica Fletcher (amateur/citizen detective)
- Laura Holt
- Sherlock Hound
- Jessica Jones
- Thomas Magnum
- Joe Mannix
- Frank Marker
- Veronica Mars
- Adrian Monk
- Jim Rockford
- Simon & Simon
- Shawn Spencer
- Hetty Wainthropp
- Honey West
- Michael Westen
Children's fiction
edit- Basil of Baker Street
- The Bloodhound Gang(Amateur juvenile detectives)
- Nancy Drew(Amateur juvenile detective)
- The Hardy Boys(Amateur juvenile detectives)
- Three Investigators(Amateur juvenile detectives)
- Encyclopedia Brown(Amateur juvenile detective)
In games
edit- Booker DeWitt(BioShock: Infinite)
- Tex Murphy(Tex Murphy)
- Sam & Max(Sam & Max)
- Gabriel Knight(Gabriel Knight)
- Nick Valentine(Fallout 4)
- Paul Prospero(The Vanishing of Ethan Carter)
- Takayuki Yagami(Judgment)
- Henry Stickmin(The Henry Stickmin Collection)
- Scott Shelby(Heavy Rain)
- Douglas Cartland(Silent Hill 3)
- The Chaotix(Sonic the Hedgehog)
See also
editReferences
edit- ^Historique des détectives et enquêteurs privés et grandes dates de la professionArchived2008-03-15 at theWayback Machine– "Le Bureau des Renseignements Universels pour le commerce et l'Industrie”
- ^abcdef"Private Detectives and Investigators".United States Department of Labor, Occupational Outlook Handbook, 2010-2011 Edition. 2010.Archivedfrom the original on 2015-07-02.
- ^"Our History: Our roots trace back to 1850,"Archived2021-08-22 at theWayback MachinePinkerton Consulting & Investigations,2021. (Quote from webpage: "1890s: Pinkerton's National Detective Agency has 2,000 active agents and 30,000 reserves." ) Retrieved 16 Aug 2021.
- ^"The U.S. Army in the 1890s,"Archived2021-08-16 at theWayback MachineU.S. Army Center of Military History,Apr 2000. (Quote from website: "Of the roughly 2,100 officers and 26,000 enlisted men in the Army on 1 Apr 1898..." ) Retrieved 16 Aug 2021.
- ^"Kate Warne America's First female Private-Eye".Pimall.Archivedfrom the original on 2012-07-10.Retrieved2013-02-14.
- ^5 U.S. Code 3108; Public Law 89-554, 80 Stat. 416 (1966); ch. 208 (5th par. under "Public Buildings" ), 27 Stat. 591 (1893). The U.S. Court of Appeals for the Fifth Circuit, inU.S. ex rel. Weinbergerv.Equifax,557 F.2d 456 (5th Cir. 1977),cert. denied,434 U.S. 1035 (1978), held that "The purpose of the Act and the legislative history reveal that an organization was 'similar' to the Pinkerton Detective Agency only if it offered for hire mercenary, quasi-military forces as strikebreakers and armed guards. It had the secondary effect of deterring any other organization from providing such services lest it be branded a 'similar organization.'" 557 F.2d at 462;see also"GAO Decision B-298370; B-298490, Brian X. Scott(Aug. 18, 2006) ".Archived fromthe originalon 2016-03-04.Retrieved2007-07-24.
- ^"Jeffrey Epstein reportedly hired private investigators to intimidate and silence accusers, witnesses, and prosecutors".Insider.Archivedfrom the original on 2023-10-21.Retrieved2021-08-09.
- ^"What does an Undercover Detective do? (with pictures)".Wisegeekedu. 2015-06-26.Archivedfrom the original on 2015-07-09.Retrieved2015-07-27.
- ^"Gun Show: Undercover: Report on Illegal Sales at Gun Shows"(PDF).Nyc.gov.Archived(PDF)from the original on 2015-10-15.Retrieved2015-07-28.
- ^"Private investigators will require licence, says Theresa May".the Guardian.2013-07-31.Archivedfrom the original on 2022-10-13.Retrieved2022-10-11.
- ^"הסתיימה חקירת חוקרים פרטיים החשודים בפגיעה בפרטיות לאחר ששלפו מידע אישי אודות אזרחים תוך התחזות".GOV.IL(in Hebrew).Archivedfrom the original on 2022-10-10.Retrieved2022-10-11.
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- ^"Phone hacking: How scandal unfolded".cnn.Archivedfrom the original on 2022-10-11.Retrieved2022-10-11.
- ^"Ikea goes on trial in France accused of spying on staff".the Guardian.Agence France-Presse. 2021-03-22.Archivedfrom the original on 2022-10-14.Retrieved2022-10-11.
- ^צימוקי, טובה (2021-05-23)."חשד: חוקרים פרטיים השיגו מידע אישי ממאגרים של חברות ביטוח".Ynet(in Hebrew).Archivedfrom the original on 2022-10-10.Retrieved2022-10-11.
- ^"Private investigators".ALRC.Archivedfrom the original on 2020-09-20.Retrieved2019-09-13.
- ^Sandru, Peter (2020-06-09)."How to Become a Private Investigator in Australia".Novel Data.Archivedfrom the original on 2021-04-13.Retrieved2021-02-21.
- ^"Are Private Investigators Legal In Australia?".Lyons Law Group.Archivedfrom the original on 2023-09-29.Retrieved2023-09-18.
- ^"Commercial Agent licence - NSW Fair Trading Site".fairtrading.nsw.gov.au.Archivedfrom the original on 2023-04-08.Retrieved2023-04-09.
- ^Queensland, The State of."Apply for a private investigator licence | Security (manpower) licence".qld.gov.au.Archivedfrom the original on 2018-11-27.Retrieved2018-11-27.
- ^Eastham, John."Private Investigators".Private Investigations UK.Archivedfrom the original on 2023-10-01.Retrieved2023-09-05.
- ^"Regulation of Private Investigations".Sia.homeoffice.gov.uk.Archivedfrom the original on 2015-07-28.Retrieved2015-07-27.
- ^"Top Stories".Corporate LiveWire. 2014-12-17.Archivedfrom the original on 2015-09-21.Retrieved2015-07-27.
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- ^Corbett, Thomas B. (1877).The Legislative Manual of the State of Colorado, Comprising the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Practice, and the Constitutions of the United States and the State of Colorado, also, Chronological Table of American History, Lists and Tables for Reference, Biographies, Etc.Colorado State Publications Library. Denver Times Publishing House and Bindery for the Colorado General Assembly. pp. 248–252.
- ^Prendergast, Alan (2006-08-10)."The Case of the Missing License".Westword.Archivedfrom the original on 2021-07-09.Retrieved2021-07-06.
- ^"Colorado HB1195 | 2011 | Regular Session".LegiScan.Archivedfrom the original on 2021-07-09.Retrieved2021-07-06.
- ^"Colorado SB133 | 2014 | Regular Session".LegiScan.Archivedfrom the original on 2021-07-09.Retrieved2021-07-06.
- ^Karlik, Michael (21 October 2019)."DORA recommends repeal, continuation of 27 regulations".Colorado Politics.Archivedfrom the original on 2021-07-09.Retrieved2021-07-06.
- ^"Colorado HB1207 | 2020 | Regular Session".LegiScan.Archivedfrom the original on 2021-07-09.Retrieved2021-07-06.
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- ^"Apply for a Licence".Government of Ontario. 2016-09-07.Archivedfrom the original on 2016-11-24.Retrieved2016-12-12.
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