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Please note, this is quite a long page with many links. It is best viewed at 800 X 600. Please scroll down to
view the following subtopics:
Know who you're dealing with
Confirm the PI's license
Why a PI's membership in a PI trade organization(s) is important to you
Get it in writing
Demand a written report
Is insurance protection a concern to you?
Will the private investigator work armed?
Know what the private investigator will be doing and how it will be done
Will the investigator be simply checking data bases, or working in the field?
Demand that all information obtained on your case be obtained legally
Divorce and domestic cases
Locate cases
Surveillance
Computer Forensics
Private investigator rates and retainers
Your initial call to a private investigator
Closing comments
Know who you're dealing with
Many reputable, ethical, and professional licensed private investigators maintain Web sites and advertise in publications ranging from Yellow Pages to annual directories and various consumer
publications. Web sites should contain contact information including the complete address and telephone number of the business. Directories and display ads should contain the business address as well as the phone number. We
recommend against dealing with any alleged private investigators who do not show a business address and business phone number on their Web sites--and those who simply show a toll free number in display advertising. There is no reason for a
legitimate licensed private investigator to conceal his or her business address. Without the availability of this information, the consumer could unknowingly be dealing with an unlicensed PI, a data base broker, or even a scam artist.
Michigan law requires that licensed private investigators divulge their address in advertisements and it would be inadvisable to consider hiring a private investigator whom you initially determine to be in
violation of the law. The specific language of the relevant portion of the Michigan PI law (MCL 338.842) states, "An advertisement by a licensee soliciting or advertising for business shall contain his or her name and address as they
appear in the records of the department."
Confirm the PI's license
In Michigan, persons cannot conduct business as a private investigator unless they are licensed by the State of Michigan. After decades of being regulated by the Michigan State Police, the regulation function was turned over to the Michigan
Department of Labor and Growth (DLEG) a few years ago. Violation of this license requirement is a felony. It is, therefore, important to confirm that any investigator you are considering is licensed. Information obtained by an unlicensed PI may be of
no legal value in your case and the actions of the unlicensed investigator could create adverse consequences for you. License verification can be made on-line through the State of
Michigan. Verify PI License (Note:
You will be redirected to a secure State site and the system requires that you use exact names.)
Verification of license ensures that you are not inadvertently hiring a person with a record of serious criminal convictions. This restriction (MCL 338.826) can be viewed by clicking here to
view License Applicant Qualifications.
The complete PI licensing act can be viewed by clicking Michigan
Private Detective License Act
However, be aware that licensure does not guaranty professionalism or even confirm the investigator has any relevant experience.
Many PIs contend because they are licensed, their occupation is a "profession," some going as far as comparing their field with doctors and lawyers. In reality, requirements for licensing in Michigan and most other states are minimal.
Doctors and attorneys must graduate from institutions of higher learning and pass difficult exams. To become a licensed private investigator in Michigan (and most other states) no higher education is required. High school or equivalency (GED)
is all that is required in regard to education in order to obtain a license in Michigan and most other states. Realistically, there is really no valid reason why this educational requirement should be increased. In about half the states there
is no license examination and exams in some states may have little relevance and/or be of questionable value in actually testing knowledge of private sector investigative specialties.
Additionally, although three years experience is required for licensing, this does not necessarily relate to traditional PI experience. Three years experience as a police officer exclusively assigned to traffic control is qualifying experience. Three
years employment at a licensed PI agency on assignment working undercover as a dishwasher in a restaurant and reporting on time clock irregularities, petty theft, etc. would also meet the experience qualification. Police experience and many other
types of accepted qualifying experience are not necessarily comparable to actual experience conducting traditional PI work.
Unlike CPA, CFE, and CPP programs and other true professions, Michigan has no requirement for ongoing education--nor in this writer's opinion should there be such a requirement. Investigators who are bona fide professionals enroll in ongoing
education programs which are relevant to their specialties without being required to do so. These pros will usually be happy to provide information on their continuing education and in some cases, if requested, even provide documentation.
(From our limited research, the states which do have ongoing education requirements mandate generic studies, often more appropriate for the public sector than private investigators with specific areas of expertise. Some licensed PIs in some of those
states have advised that the specific required ongoing education class (usually 8 hours) is a waste of time and nothing of value is really learned. Some view it as a fund-raiser or tax.)
Why a PI's membership in a PI trade organization(s) is important to you
As indicated above, private investigations is a business or trade rather than a profession per se. However, there are many professionals practicing in this business, and most hold membership in nonprofit trade organizations geared toward staying
current on legal issues and professionalizing the investigation industry.
Licensed private investigators who are not members of investigator associations usually have no way of keeping up to date on changes in state and federal statutes which impact the way investigations must be conducted. In addition to regular meetings,
these associations generate publications and maintain list servers. Things change fast in this business and without ongoing communication from those who monitor legislation, private investigators can inadvertently violate updated laws. For instance,
one method of investigation common up until a couple years ago is now a federal felony. However, many PIs are unaware of this, and other changes, and continue to operate using the methods they employed in the 1980s.
Although membership in various police organizations, former federal agent societies, and similar organizations have some benefit, they are not really very relevant to private investigations. The only state association membership of value to
Michigan private investigators is the Michigan Council of Private Investigators (MCPI). You can click here to reach the MCPI Web site.
On this site it is easy for consumers to view a list of members and find a PI by specialty or geographical area of the state. This professional organization closely monitors state legislation as well as providing excellent training programs and
timely list serve updates.
The only national organization relevant to private investigators working in a non proprietary role in the private sector is the National Council of Investigation & Security Services (NCISS). You can view this organization's Web site by
clicking NCISS Web site The primary focus of the NCISS is to monitor federal
legislation impacting the private investigation and contract service private security industries and provides list serve updates and training seminars. Information relevant to federal legislation is forwarded by the NCISS to the MCPI, which
disseminates it to its membership.
While not directly focused on private investigators' needs, membership in the American Society for Industrial Security, International (ASIS) is generally beneficial for PIs. To reach the ASIS Web site click on ASIS
Web site Additionally, there are associations focusing on investigative specialties. The Association of Certified Fraud Examiners (ACFE) which is relevant to investigators specializing
in fraud would be one example. That site can be reached by clicking on ACFE Web site
The National Association of Legal Investigators (NALI) is another, with focus geared for PIs conducting investigations for plaintiffs and/or criminal defense for the legal community. The NALI site can be viewed by clicking on NALI
Web site
Should investigative needs be international there are international PI associations such as the World Association of Detectives and the Council of International Investigators. The World Association of Detectives Web site can be viewed by
clicking WAD Web site while the Web site of the Council of International Investigators can
be viewed by clicking on the CII Web site Additionally, many foreign countries have
private investigator associations.
Get it in writing
Many private investigators whom we consider to be professionals recommend that consumers always have a contract when they hire a PI. That's not bad advice, but others tend to be less formal. However, it is important that the basic understanding
between you and the PI be in writing, particularly showing the rate, the maximum expenditure authorized and what the PI will be doing for this fee. However, no reputable private investigator can guarantee that the investigation will produce the
results you want. For instance, a PI can guarantee to conduct surveillance of a building, but cannot guarantee that the activity the client hopes to document will occur.
Demand a written report
It makes sense to include this requirement in the written understanding between you and the private investigator prior to assigning the case. Most private investigators generate written client reports as a routine part of their business. These
reports should be precise enough so you can understand exactly what the PI did during the investigation and justify the time involved in the work and shown on the billing.
Is insurance protection a concern to you?
Private investigators in Michigan are not required to carry liability insurance (nor should it be the place of government to dictate how a business is run) and due to the high cost of this coverage many are uninsured. In today's world most businesses
feel it makes good sense to deal only with private investigators who carry adequate liability insurance. However, many competent PIs operate without coverage and if the investigative work on the case in question seems to present little exposure and
the investigator will be working unarmed, this might not be a concern to some prospective clients. However, if the PI will be carrying a deadly weapon, such as a firearm during your investigation, proof of adequate insurance should be a requirement.
Private investigators who are insured should be able to provide you with a certificate of insurance upon request and a few may be able to add you to the policy as an additional insured if engaging in a long term investigation assignment. While we
carry $1/$2 million liability insurance with errors & omissions, and a few others may carry even more, this is probably well over what should be required. Even today, $300,000 - $500,000 is probably adequate in most low risk situations where the
PI is unarmed.
In regard to workers' compensation, by law, all businesses operating in Michigan with three or more employees; or have employed one worker for 35 hours or more per week for 13 weeks or longer during the prior 52 weeks must be insured. Private
investigators who are insured should be able to provide you with a certificate of insurance upon request.
It is possible, albeit very unlikely, that hiring a private investigator without W/C coverage could result in you paying workers' compensation benefits if the PI is injured while working your case. However, there are provisions to avoid this
exposure--particularly in regard to self employed PIs who have no employees and operate as sole proprietors. As this is a legal issue, we do not feel it should be addressed in depth here, but rather recommend that you obtain basic information from
the recap on the Michigan DLEG Web site at Michigan Workers' Compensation Information
If this site does not answer all your concerns, you may direct any specific questions via e-mail to: wcinfo@michigan.gov
In regard to independents, the site mentioned above does note: "When a person is self-employed and not organized as a partnership or corporation, he/she is not covered by the Workers' Compensation Disability Act. The employees of a sole
proprietorship are covered by the Act. Certain family members of an employer may be excluded from coverage if an exclusion form (BWC 337) is filed with the Department of Labor and Economic Growth. An exclusion form may also be filed if all employees
are partners or corporate officers owning 10% or more of the stock."
All licensed private investigators in Michigan must have a $10,000 bond, if uninsured, but this is a license bond, not insurance, and does little to protect clients. Beware of PIs who claim the bond is the same as insurance.
Also, be skeptical of self employed private investigators who claim that $1 million umbrella coverage on their auto or homeowner's policy covers them for work-related liability. It doesn't.
Will the private investigator work armed?
Most private investigators do not carry firearms when conducting routine investigation or surveillance activities, simply because there is no need to do so. Routine private investigation work involves observation or research and firearms are
unnecessary. Most--perhaps all--insurance companies and many corporations which contract work to private investigators prohibit them from carrying firearms while working on their cases. This is a good general policy for all clients in most cases.
Obviously, however, there are some cases where private investigators should be armed. Private investigators who work armed may increase liability exposure and some liability policies exclude coverage for private investigators when they are carrying
firearms. Beware of private investigators who are always armed. . . even when making sales calls.
Know what the private investigator will be doing and how it will be done
Professional investigators will analyze the client's problem and provide recommendations for solving the problem. They will generally explain to the client the steps they will be taking and the sources they will be consulting. Beware of any private
investigator who states, "I'll get the information you want, and you don't have to know how I'll be getting it." Statements like this, of course, imply the PI will be doing something illegal or at least questionable. Private investigators
who do not operate in a completely legal fashion can create significant difficulties, even legal difficulties for their clients.
Will the investigator be simply checking data bases, or working in the field?
Some private investigators hate to leave their offices, depending almost exclusively on unverified information obtained from data bases. Data bases are beneficial, but they provide raw data which is of no real value until verified at the source. Most
investigations require much more than obtaining unconfirmed information pulled from a data base.
Demand that all information obtained on your case be obtained legally
The general public often assumes that former police officers can obtain confidential information from their former coworkers who are still on the force. This is sometimes true, but the information obtained has been obtained illegally and is probably
of no value to the client. Most former police officers operating as PIs do not engage in illegal activities such as this. Most any information of value in investigations is public record including court files and, generally speaking, illegally
obtained information has no value.
Divorce and domestic cases
If you are considering a divorce, it is best to consult an attorney before hiring a private investigator--or better yet, the attorney can hire the PI. Logic does not necessarily play a part in the law today, and often consumers waste thousands of
dollars by employing a PI to develop information which proves to have absolutely no benefit in a divorce or child custody case. We strongly recommend that consumers involved with a divorce or child custody matter work through their attorneys, or at
least have an attorney confirm that the information you are seeking will be of value in your case.
Many consumers expect that private investigators working domestic cases can take photos or video of errant spouses engaged in sexual acts and that these photos or videos can be beneficial in obtaining a divorce. Private investigators, in fact, cannot
legally do this. Michigan law (750.539j) makes it a felony for anyone take photos or video or otherwise capture or record such images. Click here to view the Michigan
law restricting photos & video.
Regrettably there are licensed private investigators who conduct what is often termed spousal integrity checks or decoy operations. For instance, a woman suspecting her spouse of infidelity hires one of these services which will assign a slinky
female investigator to approach the husband in a bar and attempt to get him to "pick her up." Another approach is having a PI get involved with racy on-line chats or other electronic communications with the targeted spouse. We abhor these
so-called investigations and methods and it should be obvious to anyone that in these circumstances, a problem which didn't previously exist might be created. Additionally, the results of these decoy operations can be very misleading. Many (if not
most) men would feel flattered by the unexpected attentions of a foxy female and naturally act very friendly, while having no intention of taking the spurious relationship to the next level. Faithful spouses may engage in risquι on-line chats as a
hobby or fantasy pastime and would never consider following up. These sleazy operations, in our opinion, should never be considered.
While clients should expect to be updated on the progress of a domestic case in a reasonable fashion, clients should refrain from excessively calling for updates. It wastes the PIs time, and if such a call is ill-timed it can compromise the
investigator's discretion or otherwise negatively impact the work being performed. Be assured, if you are dealing with a professional, you will be updated in a timely manner.
Locate cases
In the movies and on TV, a client walks in to a PI's office and tells the investigator who he or she wants located. The fictional private investigator asks a few questions, makes notes, then locates the subject and provides the client with the
subjects address.
Reputable private investigators would never do this!
Organized crime has used unethical PIs to locate persons they intend to kill. Additionally stalkers and other unbalanced folks have hired questionable or naive private investigators to locate their targets. In 1989, sitcom actress Rebecca Schaefer
(My Sister Sam) was murdered by Robert John Bardo, after Mr. Bardo obtained her home address from a naive or unethical PI. In 1999 the New Hampshire Stalker, Liam Youens, contracted with an unethical private investigator via the Internet and began
obtaining information on his target, a young lady named Amy Boyer. Mr. Youens--who was obviously mentally unbalanced--maintained a Web site freely discussing his stalking activities and his intention to kill Ms. Boyer. In updates on this killer's
site, he highly praised the PI firm which was providing him the information which eventually enabled him to drive to Ms. Boyer's workplace and fatally shoot her as she left work. (He then killed himself.)
Other than working for attorneys, insurance companies or other entities with clear valid reasons to locate a person, reputable PI's will not simply locate anyone a client wants to find and provide the subject's address. In most cases, reputable PIs
will only undertake private locate cases with the understanding that they will attempt to locate the subject, then ask that the subject contact the client. If the subject is located, but does not want to contact the client, the PI will not divulge
the subject's address to the client.
Surveillance
One of the most common activities of private investigators is conducting surveillance for a variety of reasons ranging from watching a warehouse where a theft is anticipated or observing an insurance claimant suspected of fraud, to following a spouse
suspected of infidelity.
Professional private investigators will not accept surveillance cases from private clients (individuals) without knowing the background and details of the situation. That is, reputable private investigators will not simply agree to follow anyone a
new client wants followed when the client's purpose, objective and intentions are unknown. It should also be noted that for obvious reasons, in domestic situations, professional PIs will never call their client directly from a scene where the spouse
is engaged in a clandestine tryst. Too many times, amateur PIs have contacted their clients in situations like this, only to find their client racing to the scene for a violent confrontation, sometimes resulting in a homicide.
Consumers contracting for surveillance should be aware that some unscrupulous PIs have been known to conduct their "surveillance" remotely using electronic vehicular tracking devices without the knowledge or consent of their clients.
Conducting tracking in this manner on vehicles not owned (or leased, etc.) by the client is illegal in many states and is, at best, a gray area in Michigan. Prosecutor's opinions may vary from county to county, but because this is a gray area, there
is a chance a client and a PI using these devices on a vehicle (not owned or leased, etc. by the client) could run afoul of the law--or be "Nyfonged". My Michigan Lawyers Weekly article on this subject can be viewed if you click here to View
MLW surveillance article
Regardless of the questionable legality, electronically tracking a vehicle is not surveillance and can be misleading. For instance, electronically confirming that a disabled insurance claimant's auto remains in the drive would fail to document
that the claimant was riding to an undisclosed job with a coworker. Any PI who uses an electronic tracking device, but reports the activity of the vehicle to the client as if it were a true surveillance of the subject is defrauding the client.
Surveillance is more art than science and even private investigators with years of experience lose sight of persons they are following. This should be expected by the client and in the case of some subjects, it may require two or even more PIs to
successfully tail a subject for extended periods. It should be noted that any professional private investigator will disengage from a surveillance if he or she believes the subject has detected the surveillance. Although PIs in Michigan are pretty
much immunized from charges of stalking, following subjects who know they are being followed just doesn't make sense. (An article concerning the Michigan Supreme Court ruling on Michigan PIs and stalking can be viewed if you Click
to view Michigan Supreme Court ruling and this links to the official ruling.) A subject's attempt to elude a PI unwise enough to continue the
surveillance after being spotted could result in a serious automobile accident involving third parties. Once the surveillance has been blown, continuing could be considered a chase, not a surveillance, and is always ill-advised.
In other situations, when subjects realize they are being followed, they use this knowledge to their advantage. For instance healthy insurance fraudsters may fake moving with visible pain and use a cane, hoping the PI gets video of the deception and
reinforce his or her spurious allegations of disability. Likewise, a cheating spouse may decide to skip a scheduled rendezvous and proceed instead, to a library, etc. with the intention of using the PI to verify that he or she is innocent of
infidelity.
Computer Forensics
Be very careful here. Although many PIs advertise this service, most are not truly qualified in this science. At this time anyone can legally claim to be a computer forensics examiner.
It is our understanding that many courts will only accept computer forensic evidence obtained by certified practitioners, such as the Certified Forensic Computer Examiner (CFCE) certification issued by the International Association of Computer
Investigative Specialists. It is our understanding that the training and certification provided by this organization is only open to law enforcement officers. Thus, considering a private investigator who did not obtain his or her training while in
law enforcement could result in evidence being prohibited in court.
This is a growing field and other training and certification is available. For instance there is a Certified Computer Examiner (CCE) certification issued by the International Society of Forensic Computer Examiners. College and university courses now
offer computer forensic courses as well. However, whether or not training obtained by persons other than those trained while in active law enforcement will be acceptable in court is a concern you should address.
Although the situation may change in the future, we recommend that to be on the safe side if you expect your case to go to court, you should only deal with a computer forensics investigator whose training and certification was obtained while in law
enforcement--preferably one who has previously testified in Michigan courts in this specific field.
Private investigator rates and retainers
Almost all private investigators charge by the hour, although on some types of work--notably insurance claims cases--some charge a flat rate for a routine service. Many investigators have a minimum time charge, ranging from two hours up to a full
day, or longer. Like practitioners in other fields, hourly rates charged by private investigators vary significantly and rates charged for the same exact service may differ depending on the client. For instance a one-day surveillance might be billed
at a higher rate to a new client where no further work is expected, than to a regular client who provides an average volume of ten surveillance cases a month. Rates also vary depending on experience and special expertise and also reflect overhead. In
Michigan, $75 - $125 per hour is probably the going average range for competent, insured, experienced PIs, although volume discounts may apply. This may be significantly lower in some areas of the state where the cost of living is lower, or where
work is scarce. Generally speaking, private investigators charging a higher rate do so because their service is superior.
It should also be noted that if the private investigator utilizes associates in other venues on your case, particularly overseas, the rate for the portion of the work conducted in those areas may be higher. In some areas of the world, PIs charge as
much as $300 per hour.
Most investigators do not ask for retainers from insurance companies or corporate clients unless the PI will be fronting a lot of money--for instance setting up an elaborate sting operation, or making expensive evidence purchases. PIs who have
experience with specific attorneys usually do not ask for retainers in most cases, as long as the attorney (not the attorney's client) acknowledges responsibility for ensuring payment of the PI's invoices. This is a general premise, however, and some
private investigators demand retainers before commencing any work. Most all private investigators do require a retainer in an amount covering all anticipated time and expense on any case when the client is an individual, particularly when the
case involves a divorce or domestic situation. A few private investigators accept credit cards. Most don't.
Your initial call to a private investigator
Unfortunately you'll probably reach an answering machine! Like most folks, private investigators generally hate voice mail and answering machines. However, many of the most
competent PIs in Michigan are self employed or run relatively small agencies and are in the field more than the office. Regrettably, they must rely on these devices.
Many persons who have never before considered hiring a private investigator may be reluctant to leave a recorded message requesting a return call--or hesitate to call a cellular phone number
revealed in the answering message. We would urge you to understand that a successful PI spends most of his or her time in the field and cannot be in two places at once. By leaving a message and your phone number, you can expect that the
PI will use discretion when returning the call. (Or if there is an option to call the PI on a cellular, go ahead and make the call.) We strongly advise that you not disqualify PI's using electronic answering devices--and we recommend
against considering only agencies with large staffs that immediately answer your call. In this business, bigger isn't necessarily better.
Experienced investigators understand that many prospective clients may feel uncomfortable discussing their cases and will do their best to put you at ease. It's understandable that a
business owner victimized by an embezzler might feel a bit foolish--or that a marital partner would feel embarrassed confiding details about an untrustworthy spouse. However, It is recommended you always disclose all the facts in your
case, as this enables the investigator to better evaluate the situation, consider investigative strategies, and estimate costs. Based on information provided by prospects, in some cases, PIs may recommend against pursuing the case--this based
based their experience which tells them the investigation being considered would not be beneficial or successful. (Less ethical PIs, however, may accept any case for a fee, even those where there is no chance of success.)
Initial consultations such as these are generally free and completely confidential and if you are not comfortable speaking with the first private investigator you call, you should contact a
different one.
Closing comments
The above are only general principles to consider and this is a first draft which we intend to improve upon in the coming year. These tips, of course, only reflect the views of the author--who has 35+ years experience--and do not necessarily
reflect the views of the industry, any PI trade association, or other licensed private investigators.
Should you have any specific questions concerning what to look for when considering hiring a private investigator, please feel free to forward the questions to us at expert@lpconline.com
and we will do our best to answer your inquiries. To ensure that such inquiries get through our spam filters, please include the word INVESTIGATION in the subject title in all caps. We are not attempting to solicit business through this invitation,
and will do our best to provide honest answers to your queries that are not self-serving. |
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