You may recall some of the classic private investigation TV series of the 60s, 70s, 80s and 90s, such as Paul Drake, private eye for Perry Mason, Mannix, Magnum PI, and various installments of the Equalizer. Some may have enjoyed watching cop dramas, such as Sergeant Rick Hunter of the show Hunter, Hawaii Five -O, Starsky & Hutch or the original 1980s crime drama, Miami Vice featuring Detectives Sonny Crockett, and Ricardo Tubbs. The later sporting designer clothes, driving luxury cars and crossing the line into the dark side of policing. These shows were well received by TV audiences leading to favorable ratings and a stereotypical perception that to catch the bad guys, sometimes rules had to be broken.
A common theme throughout, whether it was the good-looking tough guy image of Tom Selleck, or the cool hipness of Crockett & Tubbs, was the public impression that private eyes and to some extent the police, have limitless boundaries and often take the law into their own hands. This perception was carried to the extreme by private citizen, Paul Kersey played by Charles Bronson in the 1974 movie Death Wish, when the NYPD looked the other way and allowed vigilantism to become judge and jury.
All licensed professions are bound by a code of conduct, rules and ethics commonly regulated by city, state, and sometimes federal licensing agencies. Private investigators are no exception. In fact, considering PI’s have access to state agency databases, credit bureaus and court records, it is critical that investigators are carefully vetted by the state agency licensing their services. Most agencies require detailed background investigations and prerequisite investigative training before issuing a PI license. Like attorneys and police officers, PI’s are held to a higher professional standard due in part to the sensitive and confidential nature of their work.
It has been our experience at Integrated Security Services’ investigative division that most cases we receive are through attorneys we collaborate with and/or organic past client referrals. All of our investigations are validated for conflict and/or law violations prior to intake. However, in the age of intensive social media marketing many new investigative matters arrive on our desk via email or phone driven by search engine optimization initiatives. While our investigative team welcomes all investigative inquiries, a potential new client/client matter needs to be carefully deconstructed and evaluated to ensure all tasks are lawful and protected by confidentiality rules.
Questions such as: what are the client’s investigative objectives, what is the client’s legal relationship to the subject(s) and/or subject matter, is the client an attorney or represented by one, and what is the client’s ability and source for paying your bill. These are just some of the fundamental questions that every PI must ask before taking on any assignment. We call this the preliminary fact-finding phase of case intake.
Too often investigators are influenced and seduced into taking on a new assignment without doing their due diligence. High profile clients with deep pockets are just two of the wrong reasons to say “yes” to any new assignment without looking further. Additionally, PIs must be mindful that any investigative request solely for the purpose of creating significant tension amongst two or more parties, coerce a decision, harass, demean, or threaten one’s personal or professional reputation are unethical and illegal in most instances. Taking on investigations of this nature can lead the investigators down a slippery slope of legal action and criminal activity. Bottom-line, all investigators must act within the letter of the law no matter how much clients are willing to pay for results. Ignorance is not bliss and not asking the hard questions is no defense if you break the law.
One of the most common investigative requests is surveillance. When executed lawfully within the public domain, it is perfectly ethical to place a subject under surveillance and in some cases subjecting individuals to undercover rouses to gather information. However, it is illegal and unethical to use electronic devices that record, track and or monitor computers, mobile & landline phones or private vehicles without the consent and knowledge of an owner. Again, a surveillance that breaches a subject’s private domain will be deemed unlawful as will any intelligence gathered during that operation.
That said, there is plenty of access to public closed circuit video, and GPS data these days to help PI’s gather valuable information for their clients. While Tom Selleck may have been able to pay off his inside phone company contact to obtain a subject’s phone records, the passage of the Gramm Leach Bliley Act made it illegal and unethical for a private investigator to obtain phone and banking transactions without a court order. PIs that agree to obtain phone and/or banking activity under the guise that it is accomplished by use of a “occupational trade secret” should be considered highly suspect.
As mentioned, ignorance is no excuse for not understanding the reason for any investigation. It is imperative that PIs know as much about their clients as they do about their investigative motives. By way of example, several years ago Integrated Security Services received a new client inquiry requesting background checks for 10 individuals. The prospective client was willing to provide us with a healthy retainer and this appeared to be a relatively standard investigative matter, until… When the client failed to provide basic responses to standard case intake questions such as: a physical address for their file and billing purposes, or to only pay for services using money orders obtained from a local cash checking service, these red flags suggest something nefarious was potentially behind this request. Additionally, this client wanted no physical report, only verbal updates to avoid any paper trail. These and others are just some of the tell-tale signs that all PIs should look out for before saying “yes” to any client.
Let’s be clear, there may be many reasons investigative clients seek to protect and/or mask their identity, but too many red flags are a reason to hit the pause button and listen to your gut.
In this case, after multiple challenges by our investigative team, the client moved on and so did we. At Integrated Security Services, we know the last thing any PI wants is an early morning call or visit from the local police or FBI finding out that their investigative reporting was utilized by a drug cartel, criminal enterprise, or rouge government. While not officially sworn, PIs must maintain the highest professional standards and moral principles. Good faith should not be mistaken for good judgment.
Private investigators and investigations are over a century old service in the United States. Honesty, fairness, and integrity is our industry’s cornerstone. A qualified private investigator should never be measured by how often he/she says yes to investigative requests, or how quickly they agree with you. Investigations, both public and private, are never simple and require strategic analysis with seasoned professionals to ensure the best possible outcomes. When possible, we highly recommend PIs work directly with a client’s attorney to avoid emotional retaliatory requests and maintain strict confidentiality over work product.
The staff at Integrated Security Services are available 24/7 for any of your investigative and security needs. Rest assured that your case will be handed in a confidential, professional, and timely manner. We can be reached at our toll-free number of 888 808-9119 or visit our website at www.intesecurity.com.
