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Chris S.:
Hey all,

Is there a punishment for investigating without a license? Let's say an amateur is working to solve a murder and stumbles upon another murder in the process. This would place her at the second crime scene and her way of explaining why she is there would have to be that she was investigating the first murder.

What would the police do in this situation?

JIM DOHERTY:
Chris,

Re your question below:


--- Quote from: Chris S. on January 04, 2008, 06:18:49 PM ---Is there a punishment for investigating without a license? Let's say an amateur is working to solve a murder and stumbles upon another murder in the process. This would place her at the second crime scene and her way of explaining why she is there would have to be that she was investigating the first murder.

--- End quote ---

Frankly, even if the party were a legitimate PI, I think the police would look very closely at anyone who discovers a murder simply because, statistically, the person who discovers a murder is likely to be the murderer.

As for whether it's illegal to investigate without a license, it depends.   Not every state requires the owner of a PI agency to have a license.   In Colorado, for example, there's no such thing as a PI license, so it's perfectly legal to operate as a PI without getting licensed.

Assuming your story takes place in a state where a license is required, then I think it would only be a crime if the unlicensed, amateur investigator was being paid by someone to conduct the investigation.  There's no law against conducting an investigation, per se (though there usually is one about interfering with a police investigation, whether or not you're licensed), only against conducting a business without the proper licensing.  It would be analagous to operating as a real estate broker without getting licensed.

Inner Prop:
Any idea what the rule would be in Illinois?  It is very difficult to get simple answers from the State's licensing website.

JIM DOHERTY:
Inner,

Re your question below:


--- Quote from: Inner Prop on October 21, 2009, 04:06:55 PM ---Any idea what the rule would be in Illinois?  
--- End quote ---

In Illinois, the term is "private detective."  This is not always the case.  Some states (the ones that issue licenses) use the term "private investigator."  Usually, the excuse given is that the term "detective" is reserved for official law enforcement.  But since official law enforcement also uses the term "investigator," this seems like a meaningless distinction.  In any case, Illinois's official term for someone who conducts investigations for private persons or purposes is "private detective."

In Illinois, private detectives are licensed by the State Department of Financial and Professional Regulation.  As near as I can determine, Illinois does not require separate licenses to be an insurance investigator or a polygraph operator, as is the case in many states.  However, running a private security agency does require a license separate and distinct from that of a private detective.

Hope that helps.

Inner Prop:
So, in Illinois if you are going to charge someone to investigate their case you have to have a license, right.  What if you don't charge someone?  Obviously you can always check on things (i.e. investigate) things for yourself, but what if you are doing it as a favor for a friend?

What kind of trouble would you get into in Illinois if you get caught investigating for hire without a license?

I've been to the state's website, but I also can't tell if you can carry or carry concealed if you are a private detective?  Do you have to pass a firearms competency test (qualify and or a written test)?

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