Private investigators are not professionals of the state; therefore they are not subject to the 4th Amendment in the same sense as are law enforcement officers or federal professionals. They are however subject to expectations of privacy. Conversations occurring inside a home or even photographing the interior through an open window violates the privacy statutes. In some states single party permission can be granted to record phone conversions and other communications. Searches can occur with single party consent as long as the party giving permission shares in the same living space. So why are private investigators licensed in many states?
Probably Cause VS Reasonable Suspicion
A private investigator may and does submit evidence in court. Evidentiary laws, rules and procedure apply to any evidence submitted to court regardless of source. Evidence submitted may be derived from interviews, photographs, video, audible and physical evidence. Though they are not subject to probable cause, private investigators definitely have to establish reasonable cause for their actions. Probable cause is used by law enforcement to establish reasons for arresting a person or obtaining a search warrant. Private investigators will have to establish probable cause in a criminal case if the party under investigation is prosecuted.
Collecting & Gathering Evidence
But generally a private investigator collects evidence and testimony for submission. Background checks have to be vetted and documented in case a person denied employment files suit. Most evidence if used in a court proceeding usually involves some sort of civil litigation. In most cases a lot of investigations only collect data or intelligence for decision making by the client. Due diligence, background checks on clients and prospective employees are the normal intelligence and information gathered, and would most likely not see their admission into a court proceeding. Private investigators investigate a lot of incidents and events in divorce and custody cases. The evidence must conform to court requirements, but in most cases are used to get concessions from the other party to establish custody of children and preserve assets. Many investigations are family related including missing children, or other persons, including the elderly.
Private Investigator License
Because private investigators insert themselves into the lives of those under investigation, most states want to ensure that only those of forthright and honorable character are involved in performing these investigations. Training and experience are used to gauge the suitability for those who are licensed. Most states that require formal licensing also require passing a test referencing law and regulations surrounding private investigators, armed and unarmed security, re-possessors and personal protection operations that are usually licensed by the same boards and agencies that regulate private investigators.
Licensed Private Investigators in Greater Miami, Sunny Isles, Fort Lauderdale, Boca Raton & Miami Gardens Florida
A licensed private investigator is required to complete educational requirements, usually security or criminal justice degree or 6,000 hours under an established investigator or some combination thereof. We have to pass a written exam, be insured and post bond. In some jurisdictions we have to qualify to carry a firearm and obtain a concealed weapons permit as well. Most states require that investigative firms; private, limited liability or corporate have established physical offices and of course we have to obtain and conform to business licensing requirements. Knowing this adds confidence to any client needing to engage the services of a private investigator.
If you need to engage a private investigator, invest in private security or need personal protection you will want experienced, well trained and educated personnel to handle your situation. Advanced Private Investigator & Security of Fort Lauderdale Florida can offer our clients professional and qualified personnel to achieve your goals.
