Investigative Practice and Scope of Authority
Authority is civilian, not police
A Montana private investigator license authorizes investigation, not law enforcement. The licensee may interview willing witnesses, obtain public records, conduct surveillance from public places, photograph what is visible from a lawful vantage, and review open-source information. The license does not authorize arrests, detentions, searches, wiretaps, or obtaining phone, bank, or medical records by pretext.
Limits on techniques
Surveillance must not involve trespass, peering into residence windows, or stalking. GPS tracking of a vehicle without consent can violate Montana privacy law; know the facts before using it. Recording conversations requires attention to Montana consent rules and federal law. Pretexting that uses false statements to a financial institution or government agency can be a crime. Never represent yourself as police, a government agent, or an attorney.
Worked example
A client asks an investigator to find a debtor. The investigator calls the debtor's bank, says he is calling from the fraud department, and asks for the debtor's address. That is impersonation and a false statement to obtain protected information. Lawful alternatives include public records, skip-tracing databases used consistently with their terms, contacting the debtor directly, or a subpoena through the client's attorney. The investigator may report lawful results and must not fabricate the source.
Traps
Assuming a license confers arrest or search authority; believing public visibility removes all privacy limits; using a client's subpoena power without an attorney; recording calls without checking consent; confusing pretext with misrepresentation to a protected institution; working in another state without checking its licensing requirement.