LA Private Investigator cheat sheet

The Louisiana State Board of Private Security Examiners (LSBPSE) regulates private investigators under La. R.S. 37:3271 et seq.; the board issues licenses, registrations, and permits.

A private investigator license requires: age 18+, U.S. citizenship or legal residency, no disqualifying criminal record, completion of board-approved training, and passage of the licensing exam; a surety bond may also be required.

A private investigator agency license requires a licensed qualifying agent who is responsible for the agency's compliance; each agency must file a certificate of insurance and designate a qualifying agent.

Licenses and registrations must be renewed on the board's schedule (typically annually); continuing education hours may be required for renewal.

Unlicensed investigative activity is a violation; individuals performing investigative services for hire must hold a valid license or be registered as an employee of a licensed agency.

The board may deny, suspend, or revoke a license for fraud, misrepresentation, conviction of a felony, or violation of board rules; applicants may request a hearing under the Louisiana Administrative Procedure Act.

A licensed investigator must carry the license or registration card while performing services and display agency information on advertisements and contracts.

Exemptions from licensure include attorneys acting in the course of legal practice, certain financial institution employees, and government employees acting in official capacity.

Fourth Amendment: searches conducted by private investigators are generally not subject to the exclusionary rule unless acting as an agent of the state or at police direction.

Fifth Amendment: Miranda warnings are required only for custodial interrogation by government agents; private investigators are not required to give Miranda warnings, but coerced statements may be inadmissible.

Sixth Amendment right to counsel attaches at the initiation of adversarial judicial proceedings; private investigators should not interview represented defendants about the charged offense without counsel present.

Louisiana is a 'stop and identify' state? Actually La. Code Crim. Proc. art. 215.1 allows temporary detention for reasonable suspicion; a private investigator has no greater authority than a private citizen to detain.

Citizen's arrest in Louisiana: a private person may arrest someone who commits a felony or misdemeanor in their presence, but must deliver the person to a peace officer without unnecessary delay (La. Code Crim. Proc. art. 214).

Evidence rules: Louisiana Code of Evidence governs admissibility; hearsay is generally inadmissible unless an exception applies (e.g., excited utterance, business records, present sense impression).

Best evidence rule requires the original writing, recording, or photograph to prove its content unless an exception applies (La. C.E. art. 1002).

Chain of custody: to admit physical evidence, a party must authenticate it (La. C.E. art. 901) and show that it has not been altered; gaps in custody affect weight, not necessarily admissibility.

Louisiana is a civil law jurisdiction; tort liability is governed by La. Civ. Code art. 2315 (negligence) and art. 2317 (strict liability for things in custody).

A private investigator owes a duty of reasonable care; breach causing damages creates liability; comparative fault under La. Civ. Code art. 2323 reduces recovery.

Invasion of privacy torts in Louisiana include unreasonable intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of name or likeness.

Malicious prosecution requires: commencement of criminal proceedings, caused by the defendant, without probable cause, with malice, and termination in the plaintiff's favor.

False imprisonment: intentional confinement without consent or legal authority; a private investigator may be liable for detaining a suspect without probable cause.

Defamation: publication of a false statement of fact that harms reputation; truth is a defense; private figures must prove negligence, public figures actual malice.

Trespass: unauthorized entry onto land; a private investigator may be liable for trespass even without damages; consent or legal authority is a defense.

Vicarious liability: an agency may be liable for the acts of its employees under respondeat superior if the acts are within the scope of employment.

Surveillance planning: define objective, obtain legal authority, conduct pre-surveillance reconnaissance, establish cover, and maintain a log of times, locations, and observations.

Mobile surveillance: use progressive techniques (lead, follow, leapfrog) and avoid detection; maintain a safe distance and obey traffic laws; never cause an accident.

Static surveillance: select a position with a clear view, minimal visibility to the subject, and a plausible cover story; document all activity with time stamps.

Case management: open a file with a signed engagement letter, define scope, budget, and deliverables; maintain a chronological activity log and evidence inventory.

Interviewing witnesses: separate witnesses, use open-ended questions, record statements verbatim, and avoid leading questions that can taint testimony.

Evidence collection: photograph the scene before altering it, use evidence bags and seals, label with date/time/collector, and maintain a chain-of-custody form.

Report writing: include case number, date, time, location, persons present, observations, actions taken, and evidence collected; write in first person, past tense, factual and objective.

Confidentiality: protect client information and case files; disclose only as required by law or court order; secure physical and electronic records.

Chain of custody: record every transfer of evidence with date, time, from/to, purpose, and signature; any gap must be explained.

Packaging: use appropriate containers (paper for biological, plastic for non-biological), seal with evidence tape, and initial across the seal.

Documentation: photograph evidence in place before collection, use a scale, and record the location and condition in the evidence log.

Storage: maintain a secure, locked evidence locker with limited access; log every entry and removal.

Report writing: use clear, concise language; avoid opinions and conclusions; include only facts observed or verified; attach photographs and evidence logs as exhibits.

Report format: header with case number and date; body with chronological narrative; conclusion summarizing findings; signature and date.

Court testimony: review reports and evidence before testifying; testify only to what you personally observed or did; do not speculate.

Spoliation: do not destroy or alter evidence; preserve all notes, recordings, and drafts; litigation hold may apply.

Interview vs. interrogation: interviews are non-accusatory and information-gathering; interrogations are accusatory and designed to elicit admissions.

Private investigators are not bound by Miranda but must avoid coercion, threats, or promises of leniency; coerced statements may be inadmissible and expose the investigator to liability.

Witness statement format: record the witness's personal information, date/time/location, verbatim statement, and signature; note any language barriers or disabilities.

Cognitive interview technique: use open-ended questions, encourage free recall, avoid interruption, and clarify details afterward.

Detecting deception: observe verbal and nonverbal cues, but do not rely solely on body language; corroborate with evidence.

Recording interviews: obtain consent before recording; Louisiana is a one-party consent state for audio recording (La. R.S. 15:1303), but ethical rules may require disclosure.

Juvenile witnesses: obtain parental consent and conduct interviews in a non-threatening environment; avoid leading questions.

Documentation: keep original notes, even if messy; do not destroy them after writing a report; they may be discoverable.

FCRA: a private investigator who obtains consumer reports for investigative purposes must have a permissible purpose and comply with FCRA (15 U.S.C. §1681 et seq.).

FCRA permissible purposes include: court order, consumer consent, employment screening, and investigation of suspected misconduct, but the investigator must provide a summary of rights if adverse action is taken.

Driver's Privacy Protection Act (DPPA): personal information from motor vehicle records may be obtained only for permissible purposes (e.g., litigation, insurance, licensed investigator).

Gramm-Leach-Bliley Act (GLBA): financial institutions must protect nonpublic personal information; pretexting to obtain financial records is prohibited.

Louisiana Database Security Breach Notification Law (La. R.S. 51:3071 et seq.) requires notification of breaches of personal information.

Social media: public posts may be viewed, but creating fake profiles or accessing private accounts may violate terms of service and privacy laws.

Pretexting: obtaining information by false pretenses is prohibited under federal law (e.g., Telephone Records and Privacy Protection Act) and Louisiana law.

HIPAA: protected health information may not be obtained under false pretenses; investigators must use lawful channels such as subpoenas or authorizations.

Ethical standards: honesty, integrity, objectivity, confidentiality, and compliance with law; avoid conflicts of interest.

Client relations: provide a written engagement letter specifying scope, fees, and deliverables; communicate regularly and do not exceed scope without authorization.

Fees: charge reasonable fees, disclose all charges, and avoid contingent fees for criminal cases or fees contingent on the outcome of an investigation.

Confidentiality: protect client information; do not disclose without consent or legal compulsion; secure records.

Competence: accept only assignments within your expertise; continue education and training.

Professional conduct: do not misrepresent credentials, do not solicit clients improperly, and do not engage in conduct that discredits the profession.

Business practices: maintain proper licenses, insurance, and business records; comply with tax and employment laws.

Advertising: must be truthful and not misleading; include license number where required.