Michigan Passed Private Investigator Law for Forensics

To see the bill in its entirety you may go to

www.michiganlegislature.org and enter HB5274 where it can be down

loaded.

http//www.legislature.mi.gov/(S(wuzkc4j5seecnymixqc03m45))/mileg.aspx?page=getObject&objectName=2007-HB-5274

This act is ordered to take immediate effect.
Signed 05/28/2008

Until now the Act has been called the "Private Detective

Act of 1965". The name of the new Act will now be called the

"Professional Investigator Licensure Act". All licensees will now be

recognized on their licenses as "Professional Investigators" .

The definition of a PI has been changed to include some additional

areas. Those that now provide these services for hire will need to

obtain a license.

A. The prevention, detection, and removal of surreptitiously

installed devices designed for eavesdropping or observation, or both.

B. The electronic tracking of the location of an individual or motor

vehicle for purposes of detection or investigation.

C. Computer forensics.

"Computer forensics" means the collection, investigation, analysis,

and scientific examination of data held on, or retrieved from,

computers, computer networks, computer storage media, electronic

devices, electronic storage media, or electronic networks, or any

combination thereof.

This act also is requiring active members of Law Enforcement to comply

with new standards before obtaining a PI license or being employed by

a PI agency. These standards require that the applicant provide

documentation from their department stating that they have permission

to work as a PI and that their department has specific policies and

procedures for working off-duty as a PI. The policies and procedures

must state the "prohibition of the off-duty use of investigative tools

or equipment, or both, provided exclusively for law enforcement and

indicate that off-duty employment as a professional investigator is

not considered in conflict with employment as a law enforcement

officer". These policies and procedures must be provided to the

licensing authority.

The regulatory department may now enter into "reciprocal agreements"

with other states as long as certain criteria are met (see bill for

language on this).

The new law closes the hole that a very old case law created. Until

now anyone, with or without a license, could contract investigation

services to any government entity within the state. Last year the MCPI

filed suit against a city and lost on this issue. Now that door is

closed and government will be required to contract only with licensed

PIs in our state.

The new law spells out the authority of the Attorney General, State

Police or local law enforcement to enforce the licensing law. It also

gives civil tort immunity to "a person or legal entity" that reports

an allegation of a violation of the law.

A. The department, the attorney general, the Michigan state police,

or a local law enforcement agency, on its own initiative or at the

request of any other person or legal entity, may investigate

allegations of a person or legal entity engaging in activities

regulated under this act without being appropriately licensed or

exempt from licensure under this act. The entity conducting the

investigation shall report its findings to the attorney general and

county prosecuting attorney having jurisdiction in the location within

which the alleged violator is engaged in business. The attorney

general or county prosecuting attorney may bring an appropriate civil

or criminal action in a court of competent jurisdiction to enjoin any

person or legal entity that has engaged or is about to engage in any

activity regulated by this act without being appropriately licensed or

exempt from licensure under this act. Such an injunction may be issued

without proof of actual damage sustained by any person or legal

entity. Issuance of an injunction shall not prevent criminal

prosecution of a violator. In addition to issuing the injunction, the

court may impose a civil violation fine not to exceed $25,000.00. A

person or other legal entity who reports to the department, a local

law enforcement agency, a county prosecuting attorney, or the attorney

general regarding an allegation of unlicensed activity is immune from

tort liability for making the report.

Staying the same will be penalties for practicing without a license. A

person found guilty of practicing without a license is "guilty of a

felony punishable by imprisonment for not more than 4 years or by a

penal fine of not more than $5,000.00, or both."

Thank you,

Scott A. Moulton / Certified Computer Forensic Specialist
Forensic Strategy Services, LLC
601b Industrial Court, Woodstock, Ga 30189
Phone 770-926-5588 Fax 770-926-7089
Web www.ForensicStrategy.com

In addition since Georgia Professional Licensing board now states that Georgia Computer Forensics now need to be licensed PI's it seems this pattern will continue. For those that have not read the letter requiring computer forensic people in georgia to be PI's - here it is

http//www.investigation.com/SurveyMap/PDFs/Georgia.pdf

Do you know about Indiana? How about a Law Enforcement officer doing work on the side (civil etc..) does he still need to get a PI license? Is there any website out there that tells you these laws as they are coming out?
Thanks…

Indiana, as many other States, is a gray area.

Check out THIS survey by Kessler International.

Thank you BitHead

WOW this is very good to know, is Ohio also a gray area, I am currently working to get my computer forensics degree, What is required to obtain a PI in most states. Is it required that one be an Officer? or Is it a different sort of training?

Forgive my ignorance of the way that things work in the US, but would you require to hold a PI license in each state that you wished to do business in or would one in your home state qualify you to work in others ?

Or am I just being naive that as a single state in the US is the size of the UK, you'd never leave it anyway ?

Forgive my ignorance of the way that things work in the US, but would you require to hold a PI license in each state that you wished to do business in or would one in your home state qualify you to work in others ?

Depends on the state. Some states have reciprocal agreements with other states. However, there's also a state that doesn't have a state law, but pushes that down to each individual county.

Or am I just being naive that as a single state in the US is the size of the UK, you'd never leave it anyway ?

Yeah, that's about right. =)

WOW this is very good to know, is Ohio also a gray area,

If you check out the survey you will see that Ohio is not a gray area.

I am currently working to get my computer forensics degree, What is required to obtain a PI in most states.

It varies by State.

Is it required that one be an Officer?

That is one way to meet the investigatory or security work requirement

or Is it a different sort of training?

Typically requires Criminal Justice training.

Ohio
When must a Private Investigation Provider Be Licensed?

Any private investigator or person that is in the business of private investigation must be licensed by the Homeland Security Division. The business of private investigation is the conducting, for hire, in person or through a partner or employees, of any investigation relevant to any crime or wrong done or threatened, or to obtain information on the identity, habits, conduct, movements, whereabouts, affiliations, transactions, reputation, credibility, or character of any person, or to locate and recover lost or stolen property, or to determine the cause of or responsibility for any libel or slander, or any fire, accident, or damage to property, or to secure evidence for use in any legislative, administrative, or judicial investigation or proceeding. ORC 4749.01(B)

See also
PRIVATE INVESTIGATOR/SECURITY GUARD SECTION

Licensing Requirements & Information (HLS 0007)