Private investigator
A private investigator is a person who can be hired by individuals or groups to undertake investigatory law services. Private investigators often work for attorneys to problem solve in civil and criminal cases.
History
In 1833, Eugène François Vidocq, a French soldier, criminal, and privateer, founded the first known private detective agency, "Le Bureau des Renseignements Universels pour le commerce et l'Industrie" 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 of unlawful imprisonment and taking money on false pretences after he had solved an embezzlement case. Vidocq later suspected that it had been a set-up. He was sentenced to five years and fined 3,000 francs, but the Court of Appeals released him. Vidocq is credited with having introduced record-keeping, criminology, and ballistics to criminal investigation. He made the first plaster casts of shoe impressions. He created indelible ink and unalterable bond paper with his printing company. His form of anthropometrics is 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 Field set up an enquiry office upon his retirement from the Metropolitan Police in 1852. Field became a friend of Charles Dickens, and the latter wrote articles about him. In 1862, one of his employees, the Hungarian Ignatius 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 Pinkerton established the Pinkerton National Detective Agencya private detective agencyin 1850. Pinkerton became famous when he foiled a plot to assassinate then President-elect Abraham Lincoln in 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 the United States Army. Allan Pinkerton hired Kate Warne in 1856 as a private detective, making her the first female private detective in America.
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. 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 the Homestead Riot of 1892, several states passed so-called "anti-Pinkerton" laws restricting the importation of private security guards during union strikes. The federal Anti-Pinkerton Act of 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."
Pinkerton agents were also hired to track western outlaws Jesse James, the Reno brothers, and the Wild Bunch, including Butch Cassidy and the Sundance Kid.
Employment
Many private detectives/investigators with special academic and practical experience often work with defense attorneys on capital punishment and other criminal defense cases. Others are insurance investigators who investigate suspicious claims. Before the advent of no-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 today, collecting evidence of spouses' and partners' adultery or other "bad behaviour" remain one of their most profitable undertakings, as the stakes nowadays are child custody, alimony, or marital property.Private investigators can also perform due diligence for 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-scale Ponzi schemes and other fraudulent investment vehicles.
There are also cases of corrupt private detectives who, at times, have been known to work for criminals such as stalkers and crime bosses to track down escaped victims, rival criminals and/or witnesses that have gone into hiding or to gather compromising evidence against witnesses, informants, prosecutors and/or police investigators that could be used in upcoming trials.
Responsibilities
Private 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 in process 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 in technical surveillance counter-measures, sometimes called electronic counter measures, which is the locating and dealing with unwanted forms of electronic surveillance. 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, the protection of intellectual property and trade secrets, antipiracy, copyright infringement investigations, due diligence investigations, malware and cyber criminal activity, and computer forensics work. 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 in antisocial behavior.
Undercover investigator
An 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.Many undercover investigators carry hidden cameras and 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.
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
Many jurisdictions require PIs to be licensed. Depending on local laws, they may or may not carry a firearm. Equipment can vary greatly, but generally involves a wide variety of surveillance equipment and recording devices. While PIs may investigate criminal matters, they typically do not hold any law enforcement authority by virtue of the position, regardless of licensure. Private investigators’ authority is usually identical to other citizens’. 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. 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. These include phone hacking, pretexting, identity theft and other illegal means of accessing government, insurance and police databases to obtain highly sensitive private information on their targets.Australia
Private 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. 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. 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.To become registered in New South Wales requires a Class 2E licence, which can be applied for through the NSW Fair Trading website.
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.
In Queensland, a private investigator need to be licensed under the Queensland Government and apply for a private investigator licence by completing an application for a security provider licence. Applicant will need to have a criminal history check and submit fingerprint.