The private investigator: Beginner's guide E-Book

Daniel B. Smith

• Herausgeber: Daniel B. Smith
• Kategorie: Fachliteratur
• Sprache: Englisch

Veröffentlichungsjahr: 2022

Beschreibung

The profession of private investigating looks interesting for a number of people who may consider it as a career or side business. At the same time, individuals want to learn investigative techniques to solve their personal problems.

Inside "The Private Investigator: Beginner's Guide" you will find all you need to know in order to make the first steps in this profession. The information is gathered from professionals.

After you will read this book, you will know:

*What a private investigator does
*What one needs in order to become a private investigator
*Legal regulations on this profession
*What are the data and information sources and how to exploit these sources
*Specific method, means and techniques for obtaining information
*How to organize an investigation from A to Z
*Specific surveillance methods, including undercover scenarios
*How to act if you are followed by a detective and you want to evade surveillance
*Other catchy information about all aspects of private investigating.

In this book you will also find advanced techniques and business advice if you are interested in starting your own investigative or background screening agency.
For a complete description, please see the table of contents.

Leseprobe

The Private Investigator: Beginner’s Guide

Daniel B. Smith

Daniel B. Smith Copyright © 2016

All rights reserved. No part of this publication may be reproduced, distributed or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the author, excepting the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.

Table of contents

Introduction

Chapter 1: Introductive Notions

1. The private investigator– a necesity in today’s world

2. The requirements of the profession of private investigator

2.1. Manager and Leader

2.2. Private investigator’s personality

2.3. Classifications

Chapter 2: Legal aspects of private investigator’s activity at E.U. level. Case study: Romania

1. Conceptual delimitations

2. How will you get to be a private investigator?

3. Legal conditions for obtaining the status of private investigator and operating license.

4. Losing the status of private investigator.

4.1. Termination of Private Investigator status

4.2. The suspension of certificate

4.3. The cancellation of certificate and operating license

5. Rights, obligations and interdictions regarding private investigator’s activity and his/hers specialized company

5.1. Private investigator: Rights, obligations and interdictions

5.2. Specialized companies and individual offices: Rights, obligations and interdictions

6. Criminal and contraventional liability of the private investigator

6.1. Criminal liability of the private investigator

6.2. Contraventional liability of the private investigator

Chapter 3: Legal requirements regarding the activity of the private investigator

1. The activity of private investigator

2. Respecting the fundamental human rights

Chapter 4: The object of specific investigation activities

1. Investigation of conduct and/or public morality of a person

1.1. Areas for information searching

2. The investigation of the solvency and seriousness of a natural or legal person, representing a possible business partner

2.1. Risks in choosing the business partner

2.2. Areas for information searching

3. Investigating the people missing from home

3.1. Areas for information searching

4. Ways of protection against information leaks

Chapter 5: Specific methods and means of action

1. Notions

2. Legal background

3. Techniques for obtaining information

4. Audio-video recordings

Chapter 6: The Private Investigation

1. Definition and purpose

2. The principles of investigation activities

2.1. The “Legality” Principle

2.2. The “Confidentiality” Principle

2.3. The “Getting to know the truth” Principle

2.4. The “Need to know” Principle

2.5. The “Personal Responsability” Principle

2.6. The “Operativity” Principle

2.7. The “Individuality of every case” Principle

2.8. The “Dignity and private life of people” Principle

3. Organizing the investigative process

3.1. The levels of investigative process

3.2. The role and the importance of preliminary dialogue between the private investigator and the customer

3.3. The written contract

3.4. The inquiry for investigation

3.5. Preparing the investigation process

3.6. Making the investigation

3.7. Writing the investigation report

4. Sources of information used in investigative process

4.1. Public information sources

4.2. Occasional sources

4.3. Personal sources

5. Techniques and procedures of investigation

5.1. Investigating at subject’s home

5.2. Investigating after his/her physical characteristics

5.3. Investigating after his/her way of dressing

5.4. Investigating after car’s license plate

Chapter 7: Physical Surveillance

1. General considerations

2. The notion and the purpose of physical surveillance

3. The private investigator’s qualities

3.1. Psychical qualities

3.2. Physical qualities

4. Preparing the physical surveillance

4.1. The contract between the private investigator and the customer

4.2. The list with helpful information

4.3. Preliminary surveillance

4.4. Doing the preliminary surveillance

4.5. Training the detectives who participate at the case

5. Pedestrian surveillance

5.1. Common tactics for losing the investigator and get rid of surveillance

6. The surveillance with cars

6.1. Parallel physical surveillance

6.2. Progressive surveillance

6.3. Other recommendations

7. Fix point surveillance

8. Physical surveillance in rural area

9. Undercover physical surveillance

Chapter 8: Gathering and exploitation of information

1. The notion of “information”

2. Information gathering

3. Checking the information

4. Information exploitation

Chapter 9: The deontology of private investigator’s profession

1. General considerations

2. Ethics

3. Professional standards

Conclusion

Introduction

The transformations of social, economic and political nature inside society led to an increase and diversification of security needs. Communities began to be actively involved in materializing security and this objective is not anymore only the state’s institutions. National legislation on the profession of private detective creates the conditions for the formation and affirmation of a distinct category of professionals, people who have special training, which is pretty close to the state structures specialized in the art of investigation.

Although a history of over a century, the detective profession is best known to public from movies, TV series and fiction literature. Directors or authors have presented detectives like people with special physical and mental qualities which naturally created dilemmas and gave rise to many questions for the one who wants to embrace such a career.

Ignorance generates reservations and distrust. For this reason I intend to provide a more detailed vision on this activity so that the reader to be enlightened on these issues, both from the perspective that he could possibly embrace this career and from that he could be a beneficiary who uses the services of this category of professionals.

The main objective of this book is the presentation and interpretation, in full transparency, of methods, processes, techniques and specific means of private detective’s work. Basically, it is imperative that both future private detective and the customer of its services to be reassured that this activity is carried out under the terms of national and international law, manifesting respect of human dignity, human fundamental rights and freedoms. Each idea addressed and dealt with in this book has as legal support a law or normative act.

The profession of private detective is a novelty for society but within a century of its inception, it has stated its own principles and operational concepts, methods, procedures and work techniques used for investigative means.

Throughout the book I will identify and present clearly the limits of this profession and the competences of a private detective, given the fact that frequently the means, techniques and methods of action used by the private investigator are similar to those of specialized state agencies. It should be pointed out that the law establishes clear boundaries for this profession so as not to prejudice the human rights and fundamental freedoms. It should also be envisaged the finality of investigational activities: state specialized organs aim at identifying situations of violation of the law, especially criminal law, and punish the persons who committed such acts, while in the case of private detective the finality is totally different.

In this book, to highlight the legal framework I chose the example of Romania, due to its quality of member of the European Union. Therefore, legal regulations of the profession are generally available in the European Union and even United States of America but with small differences depending on each country.

Chapter 1: Introductive Notions

1. The private investigator– a necesity in today’s world

International terrorism, proliferation of weapons of mass destruction, corruption, money laundering, arms, ammunition and toxic substances trafficking, crime against the environment, theft from national wealth, drug trafficking, crime on the Internet, decryption of international communications, are only some of the current issues that portrays nowadays crimes. In this context the maximum human potential and logistics of specialized state agencies are involved in order to deal with these problems.

In such circumstances, many of the problems of businessmen and individuals, which in some cases have a special connotation as value or morality, inevitably remain somewhere on the periphery of police structures concerns. And this is not the bad will but lack of human resources; the existing potential is involved in solving national interest tasks.

When a close person disappears without a trace, normal and natural, you will call the police, entrusting to them your hopes. But what if your conscience is not satisfied that you did everything in your power? Do you wonder if there is anyone who could help you? Can’t a private detective be an additional resource that would deal exclusively with your problem?

To succeed in business, it is not enough to have a brilliant idea. It is also necessary to know very well the market’s development, the competition, legislative or administrative elements of the field you want to act in. But all this will be worthless if action is not taken to protect the business against various hazards which once materialized, may cause losses.Therefore any company that wants to remain on the market, to develop their businesses and prosper, must be constantly on the offensive and take preventive action to detect and remove possible hazards. So, businesses will contract private investigators for a variety of missions. The costs incurred by a company to contract a firm of private detectives are insignificant compared to the damage that the company may suffer from lack of information and knowledge.

In addition, many businessmen and individuals want their problems to remain confidential, not to be recorded in the official records and forgotten, erased from memory after the settlement, which can not happen if they are of police’s concern, where no action is taken without a complaint or a referral written prior.

This raises the need for another institution to meet these requirements, an institution whose activities do not overlap, but are complementary to police’s activity, an institution to which businesses, lawyer associations and insurance agencies are increasingly oriented: the private detective.

So, the detective through the gathering of data and information on the entrusted cases, by performing acts of stakeout and investigations on individuals or legal entities with their written consent for the purpose of protection and defense, by guarding and defending individual or family, will contribute in defending the values which society itself recognizes and promotes.

Finally, private investigators do not represent a parallel structure with existing police units. They are the natural adaptation to people’s security needs.

2. The requirements of the profession of private investigator

In Western countries, private detective’s work has a tradition, a historical past, being something ordinary for both businessman and ordinary people. In the U.S. for example, Private Detective Agency named “Pinkerton” works since 1850. The fact that the private investigator has a special role in the life of modern society is attested by the large number of agencies of its kind in the world, with hundreds of thousands of employees and by the special attention paid by educational institutions (colleges, universities, academies) in training professionals through courses and special programs.

During the communist system in Europe, the private detective activity was not permitted nor justified. At that time there were terms like: businessman, private company, private agencies which didn’t have meaning in day by day life.

After the fall of communism, national parliaments have begun to develop the legislative framework in which private investigators were to conduct investigative activities.

In a country marked by communist experience, the work of private detective got known from movies, TV series and novels, creating different visions, opinions and images, sometimes distorted, about this profession.

Claiming that private detective work is a profession like any other is a simplistic approach. Indeed, any activity as a private detective involves a request from a client who pays for services, remuneration being made according to the complexity of the case and the risks involved. However, the time to resolve a case can sometimes be much shorter, if we think about the professionalism, techniques and methods used by a private investigator. Professionalism will help build public image of the private detective and thus will ensure a steady stream of customers.

The activity of private detective is characterized by dynamism, and it represents one of the most exciting careers nowadays; few professions present such a variety of situations that need to be faced and whose solution involves outstanding skills.

Certain skills must exist at the start of this profession. Making a career in this profession leaves its mark on the personality of who choose it. Developing the analytical spirit, methods for assessing, opportunities for action, taking responsibility given the risks, will make the one who choose this profession aware in overcoming obstacles caused by the rapid changes in our society.

Finally, it should be noted that this profession is similar with the activities of police and intelligence institutions. The detective profession creates an extra chance for professional expressions for those who, although they wanted to work in secret services or police, didn’t manage to pass the tests and trials for admission. The detective profession is restricted to those sentenced, according to national legislation.

Summarizing, we can say that the activity of private detective basically means helping people in solving problems that they can not settle alone; it has a humanitarian character, being in the service of the citizen. Moreover, private detective work is complementary to the work of the police.

2.1. Manager and Leader

Detective Agency’s management involves great responsibility. Smooth operation and their success depend largely on the leadership. Management’s quality is reflected directly in the output of the entire staff. A manager is to give meaning and consistency to his employees. From this perspective, the concept of manager overlaps with that of the leader. Daily life, however, shows that these concepts are not only confused, but between them there are differences of substance. For example, while the manager administers, the leader must lead, and if the manager controls, the leader inspires trust. Moreover, for the action itself, the manager will say how and when while the leader will show what and why. Ideally, in every manager we should find a leader and in every leader we should find a manager. But we know that this is a little utopia...

In the success of any Detective Agency, the manager has a priority role. First, he must create the perception that goes ahead of a group and that he has something to say. Thus, he must engage every person in appropriate missions, stimulate the staff, and check uncertain data. The manager must have necessary diplomacy to bypass the strained relations; he should conduct an inner balance in agency and outer balance between the agency and the business environment in which it operates. It is very important for the manager to assess realistic goals, methods, costs and work continuously to optimize them. In this regard, an important role has the internal organization of the Agency, rigor and specific requirements, technical equipment and strict compliance with the confidentiality and discretion principles.

Knowledge and selection of possible clients is a vital part of the manager’s work. He works in direct relationship with customers, so he should be recommended by reliability, competence and professionalism.

Regarding professionalism, it is not unimportant the place chosen to locate the headquarters of the agency: banks, insurance companies, courts and major restaurants are usually good neighborliness.

The manager must master the art of cultivating relationships with people and use data and information he can obtain to serve three priorities: national security, public order and citizen’s safety.

A good manager, no matter the context, must always pay attention to regulations and laws. The power, the success, the image: everything is determined, ultimately, by one essential condition: legality. Manager’s skills and efforts should be focused to the principle of legality because it helps the detectives to resist any diversion, any challenge and any temptations. The collaboration between police and detectives is made based on the law and it subscribes common goal: the protection of order and legality.

Without the power to create certainty, the efforts of a private detective can induce the feeling of loss and wastage of time. Certainty is needed to find a clear path to success without stagnating, with the illusion of gaining experience. Strength to give up something that does not work and thereby harms the whole is a quality that a manager and a leader must have. Giving up with elegance is the typical sign of the powerful characters.

The personality at the head of the Agency should be felt even when he is not present. This may be an argument for motivating subordinate people, but also an expression of respect for them. The requester must first be a giver; he must be focus on principles, honest, determined, persevering, righteous and must know how to actively listen.

He should not confuse punctuality with stiffness or the flexibility with disorder and chaotic state. Striving to meet these goals, the Agency’s head will see that people would follow him out of conviction and with respect. Being a manager and a leader at the same time is not easy but keep in mind that it's possible.

2.2. Private investigator’s personality

It is obvious that to establish a specialized company or individual cabinet the future private detective must fulfill the conditions specified by law. To ensure the viability of the choice made by those who have embraced the profession of private investigator, they must know that in order to succeed in this profession a number of qualities are required.

According to different studies, the personality of a private investigator could be defined by the following coordinates:

a)Communication skills

A detective must have certain knowledge about life and people in general. The detective’s work requires establishing relationships and contacts with people from all fields of life (minorities, foreigners, young, old, shady, people from rural areas, suburban, and from top levels too). The detective must have the ability to adapt easily to their benchmark. He needs to have a strong spirit of cooperation, emotional stability and a kind of acting talent to fulfill the role he’s playing for obtaining information.

The art of listening is the first chapter of detective management. The detective must offer his client the opportunity to reveal all the relevant elements for the case. He must also know how to obtain information in a confidential manner, to store it, to act only within the legal framework, without prejudice the human rights or the interests of customers.

The customer’s support is essential for a detective. The discussion between them should describe the possibilities and difficulties of action, strengths and weaknesses of the case, various factors, but also the opportunities to solve the case.

Through his physical presence, conduct and professionalism, the private investigator should inspire a state of real trust to his customer.

The communication also requires a vast culture, a permanent reservoir of knowledge allowing coping with any kind of conversation. Thus discussion on different topics can be sustained without committing errors.

b)Intelligence and ability to summarize

In investigative work, especially in more complex cases, such as those in the economic field, the private investigator may be faced at some point with a large volume of data and information about facts and people involved. Therefore, the private investigator must have the ability to select from the amount of data and information it has available only the essential information to solve the client's case.

The intelligence and ability to analyze are included in the same framework. The private investigator sorts and summarizes data and information obtained and inserts them in the final report.

c)Spirit of observation and powerful memory

First, a private investigator must have high levels of the five senses: visual acuity, auditory, olfactory, tactile and papillary. He or she must be agile, alert to unusual and attentive. During the investigations they carry, they must have good observation and memory capacity to retain aspects and details that can help them to solve the case. Sometimes a small detail may lead to resolution of the investigated case.

d)Curiosity and imagination

The private investigator must be a curious individual, a fine analyst and psychologist, not to be deceived by appearances, always skeptical of something that seems obvious, suspicious of human nature and willing to explore deep truth. There are situations when all the facts that seem true should be disregarded.Often, people involved in investigated cases don’t look suspicious at first, especially when posing as victims or complainants.

To investigate means for a private investigator to believe only in his inspections and findings.

e)The passion for this profession

The passion for the work of private investigator must be the key to determine a person to pursue this career.

The success in this profession is determined by the love for this kind of job, along with talent, desire for affirmation and self-giving. The conditions under which the private investigator acts involve certain risks, but they should not be impediments to conduct investigative work and find out the truth.

f)Resistance to prolonged effort

A private investigator is assumed to: be capable of prolonged effort, have the ability to overcome fatigue after long hours of work, don’t get bored, stay calm in order to fulfill mission. Often, PI’s mission requires proceedings to be conducted at night, on holidays, in the rain, in the cold, in the heat of the sun, in unhealthy places, which is not so comfortable, but to achieve the goal nothing should too hard...

g)The capability of keeping a secret

A private detective mustn’t disclose data and information obtained in the investigation process to individuals who are not involved in resolving the case. The detective mustn’t use the data for other purposes (eg extortion). If he doesn’t respect this principle, he will lose credibility and this will be the end of business in this area, not to mention criminal liability of the person concerned. However, we must not forget the exception to this principle: when specific information is required by state institutions.

In cases where information concerning national security is obtained, the private investigator is obliged to notify immediately the responsible authorities.

Professional secrecy, discretion and professionalism represent in the market economy, a true "business card" for this activity.

h)The ability to use technical equipment