OH Private Investigator cheat sheet

ORC Chapter 4749 is the private investigator licensing statute; OAC Title 4501:5 contains the PISGS administrative rules that implement it.

PISGS is the Private Investigator Security Guard Services unit within the Ohio Department of Public Safety; it issues and regulates private investigator licenses and registrations.

A person may not engage in the business of private investigation for hire without a current private investigator or private investigator company license issued by PISGS.

Private investigator license applicants must be at least 18, pass a criminal-records check, meet PISGS experience or training qualifications, and pass the required examination.

A private investigator company must hold a company license; individual investigators who perform work for the company must be licensed or registered as PISGS rules require.

PISGS may deny, suspend, or revoke a license for unlicensed activity, false statements on an application, disqualifying convictions, or rule violations.

Licensees must notify PISGS of changes in qualifying information, such as address or responsible party, within the period set by PISGS rule.

A PISGS license is not transferable; a new owner or qualifying party must obtain PISGS approval before operating under the license.

PISGS licenses must be renewed; operating on an expired license is unlicensed activity and can result in enforcement action.

Open every case with a written engagement defining the client, lawful purpose, scope, deliverables, deadline, and fee arrangement.

Identify the legal basis for the investigation before collecting personal data; FCRA, DPPA, GLBA, and Ohio privacy law can restrict permissible uses.

Build a case plan that lists investigative tasks, known facts, unknown facts, sources, and decision points; update it as facts change.

Corroborate every material fact with at least two independent sources when feasible; record source reliability and access method.

Interview witnesses separately; obtain identifying data, relationship to the case, and a signed or recorded statement when permitted.

Maintain a chronological case log with date, time, author, action, source, and result; enter entries contemporaneously.

Use public-records requests, court dockets, property records, Secretary of State filings, and open-source research before paid databases.

Preserve originals of all client-provided documents; work from copies and log every item received or released.

Close the case with a written report, an inventory of evidence, and return or retention instructions for client property.

Chain of custody records each item's description, collector, date/time, location, seal number, and every transfer with signatures.

Photograph the item in place before collection; include an overview, a scale reference, and a close-up, and log the photo number.

Use clean gloves and separate packaging for each item; package biological evidence in paper and allow it to air-dry.

Seal evidence containers with tamper-evident tape; the collector writes initials, date, and time across the seal.

For digital evidence, image the device with a write-blocker, calculate a cryptographic hash, and document the tool and hash value.

Store evidence in a locked, access-controlled location; maintain an access log separate from the chain-of-custody form.

Do not alter, test, or consume evidence unless necessary and authorized; document any destructive testing in advance.

A private investigator has no greater evidence-collection authority than a private citizen; trespass, theft, and interception laws still apply.

Ohio Rules of Evidence govern admissibility; authentication requires testimony that an item is what it purports to be.

Write a surveillance plan before deployment: subject identifiers, vehicle, addresses, schedule, routes, camera/audio equipment, communications, and abort criteria.

Use a fixed surveillance position only where the investigator has a lawful right to be; public sidewalks and lots do not authorize entry onto private property.

In mobile surveillance, use leapfrog positioning and vary lanes, distance, and vehicles to avoid detection; never follow so closely that the subject notices.

Record date, time, location, subject action, and camera direction for every observation; synchronize all devices to a single time source.

Ohio is a one-party-consent state for oral communications; recording a conversation to which the investigator is not a party can violate ORC 2933.52.

Video recording in public is generally lawful, but recording into a home's curtilage, windows, or other private area can support trespass or voyeurism claims.

Do not use GPS trackers, drones, or hidden cameras on another person's property without legal review; laws on trespass and privacy apply.

Terminate surveillance if the subject enters a private residence, medical facility, or other area where continued observation would be unlawful.

Preserve raw surveillance media and a contemporaneous log; do not edit originals, and label copies with the case number.

ORC 2933.52 prohibits intercepting oral communications unless the investigator is a party or one party has consented; Ohio is a one-party-consent state.

ORC 2911.21 criminal trespass applies to knowingly entering or remaining on another's land or premises without privilege.

ORC 2907.08 voyeurism prohibits secretly observing or recording another person in a state of nudity in a private place.

ORC 2921.51 prohibits impersonating a peace officer, including using police-like titles, badges, or statements of authority.

The FCRA regulates investigative consumer reports used for employment, credit, insurance, or tenancy; permissible purpose and disclosure rules apply.

The Driver's Privacy Protection Act restricts obtaining and disclosing personal information from motor vehicle records to permissible purposes.

Privacy torts include intrusion upon seclusion and public disclosure of private facts; newsworthy or public facts are treated differently.

Client confidentiality is an ethical duty; disclose information only with consent, as required by law, or to prevent serious harm.

An investigator may not counsel a client or witness to destroy evidence, testify falsely, or evade legal process.

A report should identify the case number, client, author, date, and all persons present, then state facts in chronological order.

Separate observed facts from opinions, inferences, and hearsay; attribute every statement to its source.

Use exact times, full names, dates of birth, addresses, and vehicle identifiers; avoid vague terms such as 'later' or 'suspicious person.'

Quote key statements verbatim in quotation marks; paraphrase only when necessary and label it as a paraphrase.

Do not state legal conclusions such as 'guilty,' 'fraud,' or 'stalking'; describe conduct and let the fact-finder decide.

Reference attachments by exhibit number: photographs, recordings, chain-of-custody forms, and source documents.

Correct errors with a single line, initials, and date; never erase, white-out, or backdate an entry.

Retain original notes and drafts under the case retention policy; reports and notes may be discoverable in litigation.

Write the report as if it will be read aloud in court: plain language, page numbers, and a signature block.

A private investigator has no police powers; a firearm-bearer endorsement authorizes carrying a firearm for licensed work but does not create arrest or search authority.

ORC 4749.10 requires a firearm-bearer endorsement on the PI license before carrying a firearm while performing private investigation services.

PISGS firearm-bearer requirements include an approved training course, a written examination, a range qualification, and a background check.

Annual requalification is required to keep a firearm-bearer endorsement current; a lapsed endorsement bars armed work.

Deadly force is justified only to prevent imminent death or serious bodily harm to the investigator or another person; it is not justified to protect property.

Under ORC 2935.04, a private person may arrest when a felony has been committed or there is reasonable ground to believe one has been committed and the person has reasonable cause to believe the arrestee is guilty; force must be reasonable.

Ohio's self-defense statute, ORC 2901.05, places the burden of production on the defendant and requires a reasonable belief in imminent unlawful force.

Carry the PI license and firearm-bearer endorsement while armed; produce them to a law-enforcement officer upon lawful request.

Document any use of force, firearm discharge, or injury in writing immediately and notify the client and PISGS as required.

A private investigator company must hold a PISGS company license; the license is separate from the individual investigator license.

ORC 4749.03 requires a surety bond and proof of liability insurance for a licensed private investigator company; maintain continuous coverage.

An owner, partner, or qualifying party must meet PISGS character, experience, and examination requirements for the company license.

Register employees who perform regulated work with PISGS and notify PISGS when an employee is hired, terminated, or changes status.

Keep client contracts, invoices, payroll records, and investigative files for the period required by PISGS rule and applicable tax law.

Advertising and business documents must not misrepresent the company as a law-enforcement agency or claim powers the company does not have.

Commingling client funds with operating funds is prohibited; keep trust or advance funds in a separate account.

Workers' compensation coverage and unemployment registration are required for employees under Ohio law, in addition to PISGS insurance.

A change of business name, address, ownership, or qualifying party requires a PISGS filing and may require a new license.