Page 22 - 2021 Detective Startup Training CIDI

PI Standards - Licensed and Unlicensed 02/26/2021

What defenses does a licensed PI have?

 In some cases, we can provide a possible defense
through our activity and licensure:
 Trespassing or breaking & entering – if approaching a house
or business to contact a witness. If asked to leave, do so.
 Stalking or harassment – if caught (burned) on surveillance.
Use common practices to explain.
 Invasion of privacy or hacking devices – you may not be, but
may be seen to be. Use common practices to explain.
 Using devices available to us in violation of any state or
federal statute or regulation – taking video in a public setting
is legal; into a reasonable expectation of privacy is not.
 Using any resources available to us in violation of any state or
federal statute or regulation – these have exemptions to be
aware of.

What defenses does a licensed PI have?

 Are there affirmative defenses specifically to licensed

PIs in statute or regulation?
 If the statute or regulation has a requirement for use
and access, an affirmative defense is created:
 DPPA – so long as the request is for a permitted purpose.
 GLB – so long as the request is for a permitted purpose.
 FCRA – so long as the request is for a permitted purpose.
 Postal COA info – so long as the request is for a permitted
purpose (applies to serving process only).

IMPORANT – the use, access and request by a licensed PI must still be
for a permitted purpose. The initial access is granted due to vetted licensed
status. This may change – get licensed in another state.

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