A License to Investigate

Regulations that took effect Jan. 30, requiring a state license, are putting Missouri’s private investigators under the magnifying glass.
 
The change – brought about by a law signed in 2007 by then-Gov. Matt Blunt – is one private investigator Dwight McNiel, owner of Ozark-based Midwest Intelligence Inc., has been waiting a long time to see.

The effort to change Missouri law began in the late 1990s under the initiative of the Missouri Association of Private Investigators, of which McNiel was president. He said the group guided the lobbying effort for statewide private investigator licensing through three administrations. At the time Blunt signed the law, Missouri joined 44 other states that license private investigators.

“I’m frankly kind of glad it took as long as it did, because I think we have a much better product, a less intrusive set of regulations,” McNiel said. “But it still gives us the teeth to accomplish what the legislative intent was.”

Public protection
The bulk of private investigation work involves civil matters related to workers’ compensation, insurance claims, background checks, discrimination and domestic issues. Private investigators also can work on behalf of victims or the accused in criminal cases.

“The PIs are complementary to what the law enforcement officers do initially,” said attorney Richard Davis of Whiteaker & Wilson PC.

Previously, licensing of private investigators was left to municipalities, which resulted in what McNiel called a hodgepodge of requirements. But McNiel said having a statewide standard in place will help elevate professionalism in the private investigation field.

Licensing requires that private investigators undergo background screenings and testing, carry liability insurance and meet continuing education requirements.

McNiel said the law will help protect the public from untrained and unqualified investigators and provide recourse for unprofessional conduct.

“There are a lot of people who dabble in this work, and that has created some problems,” he said, noting that prior to the licensing law change, the public had very little recourse if there were problems involving investigators who did not carry appropriate insurance.

Robert Cirtin, owner of Robert Cirtin Investigations LLC and director of Evangel University’s criminal justice program, said he initially opposed a state licensing system.

“No business welcomes additional regulation,” he said. “But I think this industry can benefit from licensure.”

Beyond making it a crime to work as a private investigator without a state license, the rules also have courtroom implications. If evidence is gathered for a case by an unlicensed investigator, the admissibility of that evidence could be challenged by opposing counsel on the grounds that it was gathered illegally.

“It could create a problem in that the attorney might object to the introduction of that evidence,” attorney Davis said. “In the end it would be up to the judge to decide.”

Christian County Prosecutor Ron Cleek said that as a general rule, his office doesn’t use private investigators, except in civil cases that become criminal. Still, he said, having a properly trained and licensed professional is a good idea.

“I don’t have to worry about losing evidence on a motion to suppress,” he said.

Within the boundaries
McNiel is chairman of the Missouri Board of Private Investigator Examiners, the entity charged with issuing investigator licenses, which are available for individuals and for companies. Individuals such as paralegals or fire investigators, who perform similar tasks for a single employer, are exempt from state licensure.

The board also is charged with investigating complaints against private investigators, with the right to revoke licenses or refer cases of criminal misconduct to the judicial system.

“You are delving into people’s personal lives, where there are very clear lines that you don’t cross,” McNiel said.

The board initially estimated that between 600 and 700 private investigators were offering services in Missouri. While the board’s Web site, www.pr.mo.gov/pi.asp, has received more than 1,000 inquiries about licensure. Licensing fees are $500 for private investigators, $400 for agencies and $50 for agency employee licenses. As of Feb. 17, the board had received 30 investigator applications, 17 agency applications and 19 employee applications.

The board is now working to make sure investigators know about the licensing requirement and apply as soon as possible, said Pam Groose, executive director of the Missouri Board of Private Investigator Examiners, noting that there is no drop-dead date for licensure at this point.

“Technically, if you’re working today, your application needs to be pending, period,” McNiel said. “But, as a practical matter, if someone is out there still struggling trying to get their paperwork together … as long as someone’s making a good faith effort trying to get those in in a reasonable amount of time, no one is going to be out there trying to issue cease and desist (orders).”

While the paths of private investigators and law enforcement occasionally cross, Cirtin said investigators are careful to respect the jurisdiction of local authorities.

“What we do for our clients sometimes will result in a criminal matter,” he said. “We can complement what the police do, but … I’m not going to get in the middle of an ongoing police case.”