MI Private Investigator flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Private Security Business and Security Alarm Act

Michigan Public Act 330 of 1968, MCL 338.1051 et seq., the statute that licenses and regulates private investigators, security agencies, and alarm contractors through LARA.

LARA licensing authority

The Michigan Department of Licensing and Regulatory Affairs issues, denies, suspends, and revokes private investigator licenses and investigates complaints against licensees.

Employee investigator license

A separate credential issued to an individual investigator who works under a licensed agency; the agency principal remains responsible for the investigator's conduct.

Unlicensed practice penalty

Operating as a private investigator without a license is a misdemeanor under Michigan law, punishable by fine and/or imprisonment, in addition to civil enforcement.

Badge impersonation prohibition

A licensee may not wear a badge, uniform, or title suggesting law enforcement authority or impersonate a peace officer while conducting investigative work.

State action doctrine

Constitutional search and seizure limits bind government actors; a private investigator is generally not a state actor unless acting as an agent of police.

One-party consent recording

Michigan permits recording a conversation when one participant consents; a non-participant eavesdropping on a private conversation without consent commits a felony.

Intrusion upon seclusion

A tort imposing liability for highly offensive intrusion into a place where a person has a reasonable expectation of privacy, such as a home interior.

Michigan stalking statute

MCL 750.411h prohibits a course of conduct of repeated unconsented contact causing emotional distress or fear; surveillance can qualify if harassing.

Trespass to land

Unauthorized entry onto another's real property; consent, valid legal process, or a recognized privilege is required for an investigator to enter private property.

FCRA permissible purpose

The Fair Credit Reporting Act allows consumer reports only for specified purposes, such as employment, credit, insurance, or tenant screening, with required disclosures.

Citizen's arrest authority

MCL 764.16 permits a private citizen to arrest for a felony actually committed with reasonable grounds, or a misdemeanor committed in the citizen's presence.

Exclusionary rule and private actors

Evidence obtained by a private party is generally not suppressed unless the private party acted as an instrument or agent of the government.

Chain of custody

A documented record of every transfer and handling of evidence, from collection through storage and court presentation, used to establish authenticity and integrity.

Miranda inapplicability

Miranda warnings are required only for custodial interrogation by law enforcement; a private investigator questioning a subject is not obligated to give them.

Witness statement form

A written statement in the witness's own words, signed and dated, with a corrections clause, used to preserve testimony and support later impeachment.

Evidence packaging rule

Biological evidence is packaged in breathable paper to prevent moisture and degradation; non-biological items may be sealed in plastic with proper labeling.

Objective report writing

Reports should record observed facts and reported statements chronologically, distinguishing observation from hearsay, and avoid conclusions or editorial commentary.

Case file integrity

Maintaining a single numbered master file, logging all additions, never altering original notes, and restricting access to assigned personnel.

Mobile surveillance burn

A burn occurs when the surveillance subject detects the investigator; it requires breaking off, repositioning, and documenting the detection in the case file.

Private place recording ban

MCL 750.539d prohibits installing a device to observe or record a person in a private place without consent, such as a bathroom or hotel room.

GPS tracker limits

Placing a GPS device on a vehicle without the owner's consent may constitute trespass to chattels or violate Michigan tracking law; obtain consent or legal process.

Public photography rule

Recording in public places is generally lawful, but recording into a residence or other area with a reasonable expectation of privacy is not.

Original media preservation

Original video and photo files should be retained unedited with a custody log and, where possible, hash verification to support authenticity.

DPPA access limits

The Driver's Privacy Protection Act restricts motor vehicle record access to permissible purposes such as litigation, insurance, and licensed investigator use.

Michigan FOIA scope

Michigan's Freedom of Information Act applies to public bodies, not private parties, and sets response timelines and statutory exemptions for records requests.

Pretexting prohibition

Obtaining financial records or government records by false pretenses is prohibited under federal law; investigators must identify themselves truthfully where required.

Court record sources

Michigan civil, criminal, and probate records are available through MiCOURT and county clerk offices; federal court records are accessed through PACER.

Conflict of interest screen

Checking new matters against existing clients and adverse parties, then disclosing conflicts and obtaining informed consent or declining the engagement.

Written engagement letter

A contract specifying scope, rate, retainer, expenses, billing frequency, confidentiality, and termination terms, signed before work begins.

Investigative confidentiality

Client information must not be disclosed without consent or legal compulsion; subpoenas should be reviewed with counsel before production.

Professional liability insurance

Errors and omissions coverage protecting the investigator against negligence claims, typically paired with general liability and, where applicable, firearms coverage.