The Missing Wallet Card and the Dashboard Badge
Marisol is a licensed private investigator in Missoula. Her renewal was approved in January, but the wallet identification card never arrived. She keeps a scanned copy on her phone and a paper photocopy in her glove compartment. In April she is conducting surveillance in a grocery-store parking lot. A store security officer approaches and asks who she is. Marisol says, 'I'm a private investigator,' and shows the photocopy. The officer calls police. The responding officer asks for identification; Marisol gives her driver's license and the photocopy. The officer observes a small badge on her dashboard that says 'PI' and asks whether she is a peace officer. Marisol says no, but admits she ordered the badge online. She had requested a replacement card but did not pay the replacement fee.
1. Has Marisol satisfied Montana's identification-card requirement? Explain.
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Probably not. Montana's licensing scheme separates the license from the Board-issued identification card, and licensees are expected to carry the actual card while working. A scan on a phone or a photocopy is not the Board-issued card and can be altered; it does not prove current status. The fact that her renewal was approved does not cure the missing card, and a replacement usually requires the Board's process and fee. Marisol should not continue field work using a photocopy. She should pay the replacement fee, obtain the card, carry it, and keep a copy of her license status available only as backup. The officer's verification with the Board may confirm her license, but that is not the same as complying with the carry requirement.
2. What problems does the dashboard badge create?
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A badge labeled 'PI' is not automatically illegal, but it can easily create the impression of law-enforcement authority, especially when combined with identifying herself during a confrontation. Montana prohibits impersonating a peace officer and prohibits licensees from holding themselves out as having police powers they do not have. The Board also treats misleading insignia as a conduct issue. Marisol's truthful answer that she is not a peace officer helps, but the badge invited the question. She should remove it from the dashboard and stop using any badge, patch, or title that suggests official authority. If a client wants a badge-like credential, she should explain that her Board ID card is the only credential she may use.
3. What should she tell the client about the incident?
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She should give the client a factual, non-dramatic account: a store guard questioned her, police responded, she identified herself truthfully, and no arrest or citation occurred. She should not conceal the ID-card problem if it affects the case or her ability to testify. If her surveillance observations are later used in a hearing, opposing counsel may cross-examine her about the missing card and badge, so the client's attorney needs to know. She should preserve her notes, the police contact information if available, and her replacement-card request. She should also correct any implication that the badge gave her authority.