Thank you, Brian, for your service to the professional investigations community and the United States!

Innovative Investigations, LLC consists of four partners who have varying specializations with law enforcement and military backgrounds.  We are licensed in the state of Kentucky with reciprocal licensing in Tennessee.  Darrin Larrabee and I established Innovative Investigations in 2010. We have three specialists; Tim Upchurch, Donnie Salmons, and I are all Collision Reconstructionists.  Donnie Salmons is also our go to investigator for digital media forensics (it ain’t just computers anymore).  Darin Larrabee is in charge of General Investigations and Process Service.  In addition, we offer background investigation services for employers and property managers.

I come from both a law enforcement and military background.  In 1987, after graduating high school, I became the third consecutive generation in my family to serve in the US Armed Forces by joining the US Air Force; I spent most of my time in the service deployed to Eastern Asia.  Once I was honorably discharged, I obtained employment working as an industrial electrician (the field I was trained for in the Air Force).  In 2001, I decided to pursue the law enforcement career I had desired since my childhood.  I went to work as a corrections officer in a local county jail and entered the US Army National Guard as a military MP as well.  When the opportunity presented itself,  I applied to work at a major police department and was hired!  Shortly after I started the police academy, however, I was deployed to Iraq in December of 2002.  I had very mixed feelings between obtaining the career of my dreams and my strong desire to continue and serve my country.  Thankfully, the choice was made for me by the US Government and I gladly deployed with my brothers in arms and a Military Police unit out of Louisville, Ky.  Our main mission was providing convoy security and POW transportation.  Our most remarkable mission was to provide perimeter security for the first constitutional talks among the new-elected Iraqi dignitaries.  In all honesty though, the real significance of the event for me was not the high-level talks and history being made but the fact we were fed real food for the first time after four months of MREs (dehydrated military sack lunches)!

Upon my return from Iraq, I anxiously rejoined the police academy and knew that this was the type of career for which I was born.  I spent the next 8 years working as a Patrol Officer and Collision Reconstructionist for some of that time.  Unfortunately, it all goes by too fast and I quickly found myself halfway to retirement!  The ill-timed realization that I would be retiring very soon was also about the time the economy was tanking and once stable pensions were disappearing.  As a result of this uncertainty my partner, Darin Larrabee, and I began to brainstorm our options in 2010.  Wanting to continue to be in a position of helping people find the truth when the truth was not always obvious, we decided to step out and take a huge risk (for us) and formed a business when all of the cool kids were busy pulling their money out of the economy.

Having my military service behind me and realizing that many have sacrificed for my freedom to take that risk, I couldn’t wait to prove the economy wrong.

In August of 2010, my first partner and I launched Innovative Investigations, LLC and we haven’t looked back since; we eventually brought two more partners into the business to provide a greater depth of experience and the ability to offer a wider variety of services.  We set out to provide information with integrity, results our clients could have confidence in, and to never compromise our principles!  We believe this sets us apart from some agencies that are, all too often, willing to change the results as the invoices get larger.  Along with our commitment to truth and these principles, I decided to become a member of the Kentucky Professional Investigators Association, an association that requires high-standards of its members to further the reputable industry we all seek to promote.

One of the most rewarding experiences in our business is to hear a client say, “I have tried everything and nothing is working for me, so I called you.”  The reward comes when we are able to supply what that client could not obtain anywhere else.

I quickly learned that the job was not all about rewards, however.  One of my first clients was an elderly couple who were coming to the realization that physical life was not eternal.  They had lost contact with their only child for about 6-8 years and they wanted to patch things up and be able to leave the child an inheritance.  The mother, being a good mother, was overly confident things would pan out regardless of my precautions to her that in fact, they may not.  After about 6 months we were finally able to locate a phone number.  I called the number and got a voicemail; there was no name mentioned in the voicemail greeting, so I recorded the message to play for the client and see if they recognized the voice.  The mother broke down stating “It’s HER! It’s HER!”  I advised her that I would await a call back and if there was no call back I would attempt other means of contact.  Finally, we were able to contact the adult child and she wished not to have any contact with the mother whatsoever.  It was then the most difficult phone call I’ve had to make in years.  In the end, although the mother was crushed, she was very pleased with the tenacity of our efforts to locate her daughter and the honesty of our results.

Looking forward now, our newest service offering is digital media imaging and data recovery.  Since Donnie Salmons has signed on we have the experience and software necessary to locate data that, quite simply, is a little creepy.  Mr. Salmons has been trained and certified from the top instructors in the field and has obtained the newest software available.  Our software is used within some of the highest levels of government to obtain hard drive data and we are very excited to offer this new service.

Becoming a member of this great profession, I have learned that there is a huge sense of camaraderie among most investigators, an asset I have enjoyed as a military member and a law enforcement officer. Through this camaraderie has come a vast amount of mentoring from several investigators across the country.  If you are seeking to become a private investigator, I would encourage you to first do your research and see if this is the career for you and realize that there is a lot of glamorization of this profession that is nothing but pure fantasy.  Make sure you are aware of the enormous benefits this career offers as well as the snares that exists that can put you and your family at risk.  The pitfalls are many, from legal risks to physical risks, but by doing your research and making a knowledgeable decision these risks can be greatly reduced.

Once you have decided this would be the career for you, the next step would be to inquire with experienced investigators to see about possible mentorships;  this can lead to possible employment opportunities if you prove to be a good asset.

As a business owner, one of my most important mentors has been Scott Harrell.  Now I know what most of you are saying, “OF COURSE! What a suck up!”  However, I have had the experience and training as an investigator already.  Where everything was absolutely foreign to us was the subject of marketing and growing our business.  Scott, being the innovator he is, has shown me opportunities where I never would have thought they existed.  He is a leading example of what a mentor should be.  He is always willing to help and ALWAYS thinking outside of the proverbial box.

With his help, we are on the road to great success.

From Scott: Congratulations, Bryan, for being selected for this month’s Pursuit Magazine Professional Spotlight! The entire staff came to an agreement on your selection. Thank you for your kind words. Scout has generously agreed to offer you a free 1 year subscription to its web-based Investigation Management Software, too!

Most importantly though, and I know my partners would agree, we would never be where we are today without our families; they have made great sacrifices to get us where we are today.  In my case, many times I find myself working up until 9 or 10 at night on marketing or completing assignments.  My hopes are to build a business that my children can continue if they choose this career path in life.  It is with a great deal of pride that I can report that my daughter has spent the day with me doing surveillance in Ohio on one case and, additionally, has shot video footage for me on another!   She has shown some interest and I love getting the opportunity to feed my children’s hopes and dreams every chance I get.  I have always been passionate about helping people and I hope that our business will be a conduit to help others in many more ways than just traditional investigations.  Most importantly, I hope that my business will serve as an example to my children that no matter what happens to trip up your path through life, you can succeed if you invest time and effort into any undertaking.

I will end this article with my favorite quote from Winston Churchill; it is a rule I live by and the best advice I could give…

”Never, never, never give up”

Would you like to reach Innovative Investigations, LLC?

Brian Taylor, Managing Partner
Innovative Investigations, LLC

info@innovative-pi.com
Phone: 859-948-2075

PO Box 2073
Richmond, KY 40476

Network with Innovative Investigations:

The Innovative PIs Blog
Innovative Investigations Facebook Page
Brian Taylor | LinkedIn
Follow Innovative Investigation on Twitter

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New for 2012, we are beginning the “Pursuit Magazine Professional Spotlight” in which we will feature one (1) of our subscribers on the home page of PursuitMag.com for an entire month in a self-styled promotional article. Think of it as a mini-autobiography of you and your business reaching all of our subscribers (several thousand people and growing every day), social network followers and website visitors in a VERY big way.

Click Here to read more about this very special FREE opportunity.

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The Supreme Court will consider Clair’s previous counsel’s failure to analyze and submit newly discovered evidence by C. J. FORD as a factor in their decision.

WASHINGTON D.C — The capital case Martell v. Clair was heard by the U.S. Supreme Court on Tuesday, Dec. 6, 2011. Clair was convicted of a murder in 1987 and sentenced to death. The issue brought to the Supreme Court was whether a convicted inmate could fire his appointed counsel and retain new counsel. One of the issues Kenneth Clair’s attorneys brought to the court as justification for firing former counsel was counsel did not pursue newly discovered physical evidence in his federal Habeas Corpus appeal.

Evidence was bought to the attention of the court in the appeal by means of a letter by Clair, and an investigative report by C. J. Ford Jr., Clair’s criminal defense private investigator. The issue of whether Clair’s former counsel could be fired because Clair’s attorneys failed to introduce or examine this evidence, escalated the case and this issue to the U.S. Supreme Court, where the defense argued on Clair’s behalf.

In the respondent’s brief, in regards to Ford’s investigation, the defense said the following:

Clair independently enlisted private investigator C. J. Ford to look into his case. Clair instructed his counsel to cooperate, but the Federal Public Defender (FPD) provided no assistance and, indeed, restricted Ford’s efforts. Ford nonetheless was able to locate a potential alibi witness the FPD had never interviewed, and he obtained a declaration from Flore’s recanting key portions of her testimony.

On March 16, 2005, Clair wrote to the district court expressing concern that the FPD no longer had his best interest at hand. Meanwhile, Ford continued his investigation. His most significant discoveries concerned the physical evidence that had been collected from the scene of the Rodger’s murder. In the early 1990s, one of Clair’s original Habeas attorneys had asked to review the evidence, but the police department claimed it had been lost or destroyed. In the ensuing years of litigation, Clair’s counsel never probed or challenged that claim. When Ford took the matter up, he learned after persistent inquiry that the police did have the evidence after all. After reviewing that evidence in late May 2005, Ford informed Clair that substantial biological material and fingerprints appeared to be available but that further analysis would be required to determine whether the evidence was in suitable condition for testing or comparison purposes.

On June 16, 2005, Clair wrote to the court to renew his request for new counsel. Clair informed the court that despite Ford’s discovery, the FPD was making no effort to analyze the previously missing physical evidence or to present it to the court. Ford submitted his own letter to substantiate Clair’s assertion. That letter described Ford’s investigation, including his success in locating the physical evidence and the lack of assistance from the FPD. Ford stated that he had found blood, hair, and other physical evidence that needed to be analyzed to determine if it could be subject to DNA testing, and fingerprints that did not belong to Kenneth Clair, the victim, or the owners of the house and, thus, could have belonged to the real perpetrator. Ford said that although he had been trying without success to convince the district attorney’s office to analyze the evidence, Clair’s attorneys were neither assisting nor investigating themselves.

To find out more about this U.S. Supreme Court case, the investigation, and its arguments visit:

http://www.americanbar.org/content/dam/aba/publications/supreme_court

http://www.supremecourt.gov/oral_arguments/argument_transcripts/10-126

About the Author:

C. J. Ford Jr. is the Owner and Qualified Manager of C. J. Ford Private Investigations. Mr. Ford has been in the investigative field for over 20. Mr. Ford specializes in criminal investigations.

C. J. Ford Private Investigations
211 S. State College Blvd. #343
Anaheim, CA 92806
PHONE. 714-776-6504
FAX. 714-776-8355
EMAIL: cjfordpi@mac.com

http://www.cjfordpi.com

In a special news segment, Mike McIntee gives an update on the investigative community’s efforts to help long time private investigator David Mink who was left with severe spinal injuries after a tragic motorcycle accident. Hear what investigators locally and nationally can do to help David and his family while David is in rehabilitation. More information about David, David’s profound impact on the investigative community, and help efforts can be found on the ISPLA website at www.ispla.org/davidmink.

Kevin Cosgrove, PI, CFE joins Paul to talk about what to do when clients ask the investigator to share personal opinions regarding their case. Learn how to properly set expectations at the outset of the investigation. Hear how Kevin got started in his career and learn about the professional certification, training, and career path decisions that helped him grow his experience investigating cases of fraud. You can read Kevin’s article, Private Investigators: Don’t Take it Personally, on Pursuit Magazine’s website. Kevin is a seasoned investor fraud and corporate due diligence investigative consultant and an in-house investigator with the law firm Kaplan Fox & Kilsheimer, LLP, New York City, specializing in securities, antitrust, and consumer fraud litigation on behalf of institutional and private clients.

Next, Kevin Whaley, The Campbell Group, is back for the occasional series on insurance to talk about the difference between employees and subcontractors and the pitfalls to avoid if you hire subcontractors. Learn about the determining factors used by the IRS and the other steps to properly define working relationships and avoid potential legal and financial burdens for your business.

Alan Goodman, Lawyers Investigating Service, joins Paul to discuss domestic investigations, his friend and colleague David Mink and his condition, and to highlight upcoming events for private investigators across the nation. Learn about the potential for violence and legal issues in domestic investigations due to the emotional tension between the plaintiff and the defendant, and the key mistakes to avoid. Get the best practices for working through attorneys and averting liability issues.

You can listen to the podcast by clicking here.Guests on the October 2011 podcast are:

• Kevin M. Cosgrove, PI, CFE, New York State Licensed Private Investigator and Certified Fraud Examiner: T: 914-589-4460, kmcinvestigations@gmail.com, LinkedIn profile.
• Kevin Whaley, The Campbell Group: 5664 Prairie Creek Drive SE, Caledonia, Michigan 49316, T: 800-748-0351, F: 800-847-3129, kwhaley@thecampbellgrp.com, www.thecampbellgrp.com.
• Paul Jaeb, Heartland Investigative Group: 520 Nicollet Mall, Suite 520, Minneapolis, Minnesota 55402. 612-371-9255, pjaeb@heartlandinfo.com, www.heartlandinfo.com.
• Alan Goodman, Lawyers Investigating Service, Inc: P.O. Box 8479, Portland, Maine 04104, Maine: 207-775-5685, 800-244-5685, Nationwide: 888-244-5685, F: 207-893-1475, aegelis@aol.com, www.lawyersinvestigatingservice.com.

See The American Private Investigator resources for links to the organization websites mentioned in this podcast.

And who among us can forget grenade-toting Anthony Pelicano, PI and “Wiretapper to the Stars” and his tawdry misdeeds that played out in every newspaper, celebrity magazine and news service around the world?

There is rarely a case made in the popular media about the good things PIs do. There are rarely stories like the recent case handled by Mark Feegel, of Feegel & Associates Investigative Solutions, a private investigator out of St. Petersburg, Florida.

Feegel has been in this business for more than 25 years. While attending college in Atlanta, where he was considering pursuing a career in law, he took a job as a runner for a local law firm.

“Which convinced me, no way, I don’t want to do that. I took the position of, ‘I don’t want to be married to the many problems each civil suit might bring on for years on end,’” Feegel said. “It’s very stressful.”

So instead he took a job as an insurance adjuster in 1985 and diligently worked as an investigator in that field until finally starting his own private investigation agency in 1994. Feegel said that when he started his agency the majority of cases he took were insurance defense cases, because that was familiar territory for him.

“Since then it’s been encompassing all types of investigations: Insurance defense, plaintiff work, mortgage fraud, criminal background, criminal investigation, criminal law, and some marital type things.”

But this recent case didn’t really fit into any of those categories…

Feegel said he was contacted by a man on the recommendation of a local law firm. This man, who we will call “Henry” because the court case has yet to be completely resolved, was fostering two young boys, three and four years old, and wished to adopt them. The children were placed into foster care by the state after their daycare center reported evidence of abuse.

“The kids would go to daycare with feces in their hair, reeking of urine. Just disgusting,” Feegel said. He added that they had lived for a time in a storage facility with their mother, and “her apartment that she’s been evicted from was inspected by the county. Roach infested, maggots.”

Henry wanted Feegel to find out if the children’s mother was still seeing her abusive boyfriend. She was seeking to regain custody of her children and told the court that she had cut ties with him as part of her bid to get her children back.

“And [the foster parents] didn’t believe it, but they were ready to accept whatever the truth is,” Feegel said. “He gave me the case, and didn’t tell me much about the boyfriend, just wanted to know if they ever got together.”

It didn’t take long for Feegel to confirm the foster parents’ suspicions.

“One day. Immediately,” Feegel said. “I set up down the street from her mobile home, and I followed her. She went to this guy’s mobile home and picked him up, and they went to lunch.  Labor Day weekend they were partying together. So, there’s no question they’re definitely together.”

Feegel presented the evidence to the foster parents. It was then that Henry dropped the bomb.

“After I told them I have them on video, they’re definitely together, it’s documented and proven. He started telling me about the abusive boyfriend and that he’s a drug addict.  I ran his background and he is definitely a drug dealer. Battery, assault, all this crazy stuff,” Feegel said. “Then he told me that the two-year-old, when he was one, received a fractured skull from this guy. He was arrested for it. And the four-year-old, who was three at the time, he slammed into a refrigerator. When I heard that I just went, ‘you know what?  Your bill is zero. Let’s get these kids safe.’”

Feegel said that his bill would have been about $1,500 under normal circumstances.

“When it came down to billing time I’m thinking, ‘Why would I take money out of this guy’s wallet and get paid for saving these kids when that money can go to these kids and they can eat and be happy?’” Feegel said. “You know they’ve got a lot of responsibility having two kids. I don’t know if they have any more than that but they’re doing the right thing. At that point money isn’t always as important as doing the right thing.”

Feegel said that the children are being well taken care of by their foster family and, though no custody decision has been made, he has high hopes for the outcome and the betterment of the lives of these two beautiful foster children.

“The kids are going to church, they’re clean, they’re fed, they’re happy,” Feegel said. “Henry just sent me a picture of the kids at his father’s farm where they’re petting a pony. Showing that they’re happy and everything’s good.”

There’s no denying that a lot of what a private investigator does revolves around the question of money; whether it’s an insurance company trying to keep insurance claim proceeds from being paid to a fraudster, a spouse trying to catch a cheater so they can get a larger settlement out of the resulting divorce, or just getting paid for an investigative job well-done. However this assignment was different. The couple who hired Mark Feegel wasn’t looking for a payday… and, in the end, neither was Mark.

This wasn’t a case about money; it was about the welfare of two innocent children. For Feegel his reward was helping those kids, and he feels that says something about the PI profession that the public often fails to recognize:

“This is something that people should understand. We help people too,” Feegel said.

Editor’s note: Great job, Mark! Thanks for doing a fantastic job and always reflecting well on our profession. 

David’s impact on the professional investigator community has been profound.  He has held many leadership positions and has impacted many of our lives over the years.  We are very concerned for David and his family.

David owns a successful firm in Rhode Island.  Efforts are underway to coordinate a local and national cadre of licensed investigators to step in and work pro bono until David recovers.  We ask that you consider a financial donation of one hour of your billable time to this fine and gracious man.  Cards and checks can be mailed to his office address:

111 Airport Road, Suite 6,
Warwick, RI 02889

or please click the following link for credit card/Paypal instructions:

https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=QMZC4SGVHKBC6

Please remember David and his family in your prayers.  If you have any questions, you may reach the family at minkfamilyRI@gmail.com.

On behalf of our organizations, thank you in advance for your generosity,

Jim Carino, Executive Director, Intellenet;
Maria Landry, President, NCISS;
Peter Psarouthakis, Executive Committee Chairman, ISPLA;
Terry Cox, National Director, NALI;
Vic Pichette, President, LPDARI

California Vehicle Code Section 40008

(a) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose, is guilty of a misdemeanor and not an infraction and shall be punished by imprisonment in a county jail for not more than six months and by a fine of not more than two thousand five hundred dollars ($2,500).

(b) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose and who causes a minor child or children to be placed in a situation in which the child’s person or health is endangered, is guilty of a misdemeanor and not an infraction and shall be punished by imprisonment in a county jail for not more than one year and by a fine of not more than five thousand dollars ($5,000).

(c) Pursuant to Section 654 of the Penal Code, an act or omission described in subdivision (a) or (b) that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one provision bars a prosecution for the same act or omission under any other provision.

This new law in the California Vehicle Code is very important and will be referenced by police officers, private investigators, or executive protection agents when an arrest is made for the criminal offense of the misdemeanor. If the private investigator or executive protection agent makes the arrest, it is important that he or she indicate to the police officer that the suspect is being arrested for violation of California Vehicle Code section 40008 (a) or violation of California Vehicle Code section 40008 (b), and not refer to the arrest as a violation of the “paparazzi law.”

In California, a misdemeanor arrest by a police officer without a warrant is permissible only if the public offense occurs in the arresting officer’s presence. Otherwise, the officer may only file a police report, which would then be reviewed by a detective, and upon determining if there was sufficient evidence to support the allegation, a recommendation for prosecution would be forwarded to the district attorney’s office.

If the officer is at the right place at the right time, such as being part of a “sting operation” or responding to a 911 call and arriving at the location in a sufficient amount of time to witness the paparazzi committing the violation, he or she would be able to make the arrest. Unfortunately, in most cases when the officer arrives at the location, the incident has already occurred.

The notion that the police should “round up” the paparazzi or make arrests for violations that were not witnessed by the officer is unlikely to happen. California Penal code 837 authorizes a private citizen, including a private investigator to make an arrest for a misdemeanor committed in his or her presence. This is where the executive protection agents or private investigators hired to protect a celebrity, come into play in having this law enforced. The executive protection agents or private investigators that have gathered and preserved evidence have the option of either having the paparazzi that violated the law arrested on the spot or filing a criminal report with the police department and later having that individual prosecuted. If a decision is made to make an arrest on the spot, the executive protection agents or investigators who have arrived to a safe location, and with vehicles stopped, may apprehend the individual themselves or choose to have the police respond and have them make the apprehension. The arresting party will still be the executive protection agents or the private investigators, and they will appear in court and provide evidence of the offense.

This activity is very similar to what security or loss prevention agents conduct on a regular basis at stores with regards to petty theft, also misdemeanor, and a violation of California Penal Code section 484. Once the theft is conducted in the presence of security, they will apprehend and arrest the individual. The police department will be called to transport the individual to jail. Security will be responsible for providing evidence and testifying in court.

This criminal law is one amendment of many that was made to 1708.8 of the California Civil Code which addresses invasion of privacy issues. Private investigators who may be wondering if any of these amendments or the language used in this anti-paparazzi law hinder the ability of an investigator to conduct surveillance in the performance of his duties, it does not.  The legislation committee of the California Association of Licensed Investigators did a great job working with this bill to have section (g) included, which addresses legitimate investigations conducted by licensed private investigators.

California Vehicle Code section 40008 is not intended to stop paparazzi from conducting their work, and in many cases, the celebrity may welcome their presence. It is intended to stop those individuals who follow a celebrity in a reckless manner with disregard for public safety. If a celebrity feels that while traveling on the road their lives and the lives of their children have been placed in danger by the dangerous actions of the paparazzi, he or she may use this law to stop those actions by hiring a licensed and qualified private investigator that has a complete understanding of the law.

Jesse Martell, CII
Martell Investigations
http://martellpi.com

ABOUT THE AUTHOR: For more than 18 years, Jesse Martell, President of Martell Investigations has been providing the highest quality of specialized investigations. Jesse Martell has been interviewed and featured in numerous articles about the new anti-paparazzi legislation.

Please go to the conference website at http://nciss.org/NCISS_2011_Conference.htm for complete details and a video of Vail and the 5 star Arrabelle Resort and Spa.

For those who have been in Vail, you know it is one of the most scenic locations in the USA. If you have never been there, you will be overwhelmed by the breathtaking beauty and the charming Tyrolean style village.

Temperatures in late April are generally cool with the average high being 50 degrees.

The Arrabelle Resort and Spa, www.Arrabelle.RockResorts.com is a 5 star oasis which normally sells rooms for $350 and up depending on the season.

We have negotiated a fantastic rate of only $130 for NCISS.

Though the deadline for room reservations has passed, we have just been informed that the hotel will open another block if more attendees are anticipated.

So, for those of you who have procrastinated, now is your chance to still attend the conference and enjoy the breathtaking charm of Vail, and the many amenities this 5 star resort is offering.

Dress at our conferences is generally smart casual with business attire appropriate at our Gala Banquet.

Vail is located about 100 miles west of Denver. From the Denver International Airport you will drive about 2 hours on Interstate 70. Denver usually has an excess of rental cars, and if you wait until about two weeks or less prior to the conference and go to www.Priceline.com you will find compact cars as low as $7 per day, and full size cars as low as $13 per day. You also will have the opportunity to bid on even lower rates.

For those not wanting to drive you may want to contact Colorado Mountain Express shuttle service at http://www.ridecme.com.

The rate is $89 from door to door from the Denver airport. Some may also want to consider flying to the Eagle Vail Airport located about 35 miles west of Vail.

NCISS thanks many state associations for their continued support of the NCISS legislation fund.

We are also looking for additional sponsors. Sponsorships are available for various prices as low as $100. For more information about sponsorships contact Carolyn Ward at (800) 445-8408 or E-Mail to nciss@comcast.net

Support the organization that has been your voice in Washington for the past 36 years. NCISS is the organization that rescued you from the Fair Credit Reporting Act, The Driver’s Privacy Protection Act, and more. This year we are facing even more restrictive legislation which, if passed, will forever change how we conduct investigations and our access to information.

Come to Vail for a fun time. Register now.

SYNOPSIS:

• Currently, the practice of private investigation is not regulated or licensed by the state.
• This bill would regulate and license the practice of private investigation by private investigators.
• This bill would define terms; create the Alabama Private Investigation Board and provide for its membership, meetings, officers, powers, and duties; and would prohibit persons acting as a private investigator without a license, subject to criminal punishment as a Class A misdemeanor.
• Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT:

Relating to the regulation and the licensure of private investigators unless licensed by this act; to create the Alabama Private Investigation Board to regulate and license private investigators; to provide for the membership, terms, filling of vacancies, powers, including discipline powers, and duties of the commission; to provide for application and licensure of private investigators; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the “Alabama Private Investigators Licensing and Regulatory Act.”

Section 2. As used in this act, the following terms shall have the following meanings:

(1) FELONY. A criminal offense that is defined and punishable under the laws of this state, or an offense committed outside the State of Alabama, which if committed in this state, would be subject to punishment by death or imprisonment in an Alabama penitentiary; a crime in any other state or a crime against the United States which is designated as a felony; or an offense in any other state, territory, or country punishable by imprisonment for a term exceeding one year.

(2) PRIVATE INVESTIGATION. The investigation by a person or persons for the purpose of obtaining information with reference to any of the following matters:

a. A crime committed or threatened against the United States or any state or territory of the United States, when operating under express written authority of the governmental official responsible for authorizing such investigation.

b. The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons.

c. The credibility of witnesses or other persons giving testimony in a criminal or civil action.

d. The whereabouts of missing persons, owners of unclaimed property or escheated property, or heirs to estates.

(3) PRIVATE INVESTIGATING. The act of any individual or company engaging in the business of obtaining or furnishing information with reference to any of the following:

a. A crime committed or threatened against the United States or any state or territory of the United States.

b. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations, or character of any person.

c. The location, disposition, or recovery of lost or stolen property.

d. The cause or responsibility for fires, losses, accidents, damages, or injuries to persons or to property.

(4) PRIVATE INVESTIGATOR. a. A person who performs one or more of the private investigation services or private investigating services defined and regulated by this act.

b. A person who, for consideration, advertises as providing or performing private investigation. The term does not include an informant who, on a one time or limited basis, as a result of a unique expertise, ability, or vocation, and who provides information or services while under the direction and control of a licensee of the board, that would otherwise be included in the definition of private investigation.

(5) PRIVATE INVESTIGATOR or INDIVIDUAL LICENSEE. A person who is engaged in private investigating and licensed in accordance with this act.

Section 3. No person shall hold himself or herself out to the public as a private investigator or use any term, title, or abbreviation that expresses, infers, or implies that the person is licensed as a private investigator unless the person at the time holds a valid license to practice private investigating as provided in this act. All applicants shall pass a criminal background check based on criteria established pursuant to Section 4.

Section 4. (a) There is created the Alabama Private Investigation Board. The membership of the board shall reflect the racial, gender, geographic, urban and rural, and economic diversity of the state. The board shall consist of the following members, each of whom shall be a resident of this state, appointed as follows:

(1) Three persons appointed by the Governor who shall have been principally engaged in the activities of private investigation in this state for at least five years prior to the date of their appointment. Initially, the Governor shall appoint two members for a term of two years and one member for a term of three years. Thereafter, successor members shall be appointed for terms of four years each.

(2) One person appointed by the Lieutenant Governor, who shall have been principally engaged in the activities of private investigation in this state for at least five years prior to the date of their appointment. Initially, the Lieutenant Governor shall appoint the member for two years. Thereafter, successor members shall be appointed for terms of four years.

(3) One person appointed by the Speaker of the House of Representatives who shall have been principally engaged in the activities of private investigation in this state for at least five years prior to the date of appointment. Initially, the Speaker of the House of Representatives shall appoint the members for two years. Thereafter, successor member shall be appointed for terms of four years.

(4) One person appointed by the Attorney General who shall have been principally engaged in the activities of private investigation in this state for at least five years prior to the date of appointment. Initially, the Attorney General shall appoint the member for two years. Thereafter, successor members shall be appointed for terms of four years.

(5) One person appointed by the Alabama Private Investigators Association who shall have been principally engaged in the activities of private investigation in this state for at least five years prior to the date of appointment. Initially, the Alabama Private Investigators Association shall appoint the member for two years. Thereafter, successor members shall be appointed for terms of four years.

(b) Following the initial appointments, all successor members of the board shall be appointed for a term of four years and shall serve until their successors are appointed and qualified by subscribing to the constitutional oath of office, which shall be filed with the Secretary of State.

(c) Any vacancy occurring on the board shall be filled by the appointing authority of the vacating member for the unexpired term.

(d) No member shall be appointed to succeed himself or herself for more than one full term.

(e) The appointing authority may remove a member of the board for misconduct, incompetency, or willful neglect of duty. The board may recommend to the appointing authority suggested administrative actions that may be taken against a board member for missing an excessive amount of meetings.

(f) Each member of the board shall receive a certificate of appointment from the Governor before entering upon the discharge of the duties of office.

Section 5. (a) The board is declared to be a quasi-judicial body. Absent negligence, wantonness, recklessness, or deliberate misconduct, the members or the employees of the board are granted immunity from civil liability and may not be liable for damages when acting in the performance of their duties under this act.

(b) Board members shall be defended by the Attorney General in regard to any litigation filed against them because of the performance of their duties under this act.

Section 6. At the initial meeting of the board and every four years thereafter, the members of the board shall select from among their members a chair and vice chair who shall be private investigators and who shall each have the power to do all things necessary and proper for carrying out the provisions of this act not inconsistent with this act or the laws of this state.

Section 7. (a) The board may promulgate rules necessary to implement this act and accomplish its objectives subject to the Alabama Administrative Procedure Act.

(b) The board may promulgate and establish cannons of ethics and minimum acceptable professional standards of practice for licensees within any rules that it adopts.

(c) The board shall be entitled to the services of the Attorney General in connection with the affairs of the board.

Section 8. (a) The board shall establish regular and special meetings for the purpose of transacting its business. All members of the board shall be notified of the time and place of each meeting pursuant to the Alabama Open Meeting Act.

(b) A majority of the board shall constitute a quorum at any meeting of the board.

Section 9. (a) Except as otherwise provided in this act, it shall be unlawful for any person to act as a private investigator, without first obtaining a license from the board. For prosecution purposes a violation of this act is classified as a Class A misdemeanor.

(b) All licenses issued to private investigators before the enactment of this act shall continue in effect until their expiration. Each holder of a license may thereafter obtain a renewal of the equivalent license under this act by complying with the terms and conditions for renewal prescribed in this act.

(c) Each licensee licensed in accordance with this act shall designated a physical address where his or her records are to be kept.

Section 10. An application and all information on an application for licensure as a private investigator shall be treated as confidential and shall be filed with the board on forms prescribed by the board. The application shall include all of the following information of the applicant:

(1) His or her full name.

(2) His or her date and place of birth.

(3) All residences during the immediate past five years.

(4) All employment or occupations engaged in during the immediate past five years.

(5) Three sets of classifiable fingerprints.

(6) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.

Section 11. (a) Each individual applicant shall meet the following criteria the he or she:

(1) Is at least 19 years of age.

(2) Is a citizen of the United States or a legally present resident alien.

(3) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the applicant competent.

(4) Has not been convicted of a crime of moral turpitude, with the board having the final determination on the interpretation of moral turpitude.

(5) Is of good moral character.

(6) Has passed an examination to be administered twice annually by the board designed to measure knowledge and competence in the investigation field.

(b) A study guide shall be provided to any applicant seeking to obtain an initial or renewal license under this act.

(c) Any investigator currently licensed in the state of Alabama shall not have to meet the initial application requirements of this act, but shall be issued a license upon application.

Section 12. (a) Upon receipt of an application for a license pursuant to this act, nonrefundable, nonprorateable, application fees shall be submitted for the following services:

(1) A request that the Alabama Bureau of Investigation compare the fingerprints submitted with the application to fingerprints filed with the Alabama Bureau of Investigation. On subsequent applications, the Alabama Bureau of Investigation, at the request of the board, shall review its criminal history files based upon the name, date of birth, sex, race, and Social Security number of an applicant whose fingerprints have previously been submitted to the bureau for any new information since the date of the fingerprint comparison, and shall furnish any information thereby derived to the board.

(2) A request to submit the fingerprints to the Federal Bureau of Investigation for a search of its files to determine whether the individuals fingerprinted have any recorded convictions.

(b) After the approval of the application by the board, the board shall issue a license in a form prescribed by the board to qualified applicants upon its receipt of a nonrefundable, nonprorateable, private investigator license fee as set by the board.

(c)(1) If an application for a license is denied, the board shall notify the applicant in writing and shall set forth the grounds for denial. If the grounds are subject to correction by the applicant, the notice shall so state and specify a reasonable period of time within which the applicant shall make the required correction.

(2) The applicant shall be allowed to submit reason for reconsideration to the board within 30 days from the date of receipt of denial.

(d) The board shall issue an 8×10 license to all licensees which must be displayed on a wall of the workplace of the licensee. This license shall be deemed property of the State of Alabama and subject to forfeiture to the state upon revocation.

Section 13. (a) The board shall issue every private investigator licensee an identification card that shall contain the following information of the licensee:

(1) Name.

(2) Photograph.

(3) Physical characteristics.

(4) Private investigators license number.

(5) Expiration date of license.

(b) An identification card, which shall be issued in a credit card size and shall be permanently laminated.

(c) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.

Section 14. Making a false statement to the board shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee.

Section 15. Upon receipt of the application and applicable fees, the board shall conduct an investigation to determine whether the statements made in the application are true.

Section 16. (a) All licenses issued or renewed under this act shall be valid for a period of two years from the date of issuance. The board shall provide each licensee with a renewal application 60 days prior to the expiration of the license.

(b) Each application for renewal shall be reviewed for criminal convictions and civil fraud findings.

(c) An administrative monetary penalty prescribed by the board shall be assessed on any renewal application postmarked after the expiration date of the license.

(d) No renewal application may be accepted more than 30 days after the expiration date of the license or after September 30 of the calendar year.

Section 17. (a) The board may suspend, revoke, or refuse to issue or renew any license issued by it upon finding that the holder or applicant has committed any of the following acts:

(1) A violation of this act or any rule promulgated under this act.

(2) Fraud, deceit, or misrepresentation regarding an application or license.

(3) Knowingly and willfully making a material misstatement in connection with an application for a license or renewal.

(4) A conviction by a court of competent jurisdiction of a felony or a misdemeanor if the board finds that the conviction reflects unfavorably on the fitness for the license.

(5) The commission of any act which would have been cause for refusal to issue the license or registration card had it existed and been known to the board at the time of issuance.

(b) In addition to, or in lieu of, any other lawful disciplinary action under this section, the board may assess a civil penalty not exceeding two thousand dollars ($2,000) for a violation of this act.

(c) A license may be suspended for the remaining license period and renewed during any period in which the license was suspended.

Section 18. (a) No licensee or applicant shall be required to obtain any authorization, permit, or license from, or pay any other fee or post a bond in, any municipality, county, or other political subdivision of this state to engage in any activity regulated under this act.

(b) Notwithstanding subsection (a), a municipality, county, or other political subdivision of this state may impose a bona fide occupational tax on a licensee.

Section 19. The board may negotiate and enter into reciprocal agreements with the appropriate officials in other states to permit licensed investigators who meet or exceed the qualifications established in this act to operate across state lines under mutually acceptable terms.

Section 20. The board shall provide a copy of this act and any rules promulgated under this act to the following:

(1) Each licensee, every two years.

(2) Any other person, upon request, for a reasonable fee established by the board.

Section 21. The following acts when committed by an individual licensed as a private investigator in Alabama shall constitute a violation punishable as a Class A misdemeanor:

(1) To knowingly make a material misrepresentation as to the ability of the individual to perform the investigation required by a potential client in order to obtain employment.

(2) To make unsubstantiated monetary charges to a client for services not rendered or transportation not utilized.

(3) To knowingly make a false report to a client in relation to the investigation performed for a client.

(4) To continue an investigation for a client when it becomes obvious to the investigator that a successful completion of an investigation is unlikely without first advising the client and obtaining the approval of the client for continuation of the investigation.

(5) To reveal information obtained for a client during an investigation to another individual except as required by law.

(6) Persons licensed pursuant to this act are required to report any suspected instances of child abuse or neglect and must report their suspicions to local law enforcement or the Department of Human Resources, or both.

Section 22. The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case.

Section 23. This act does not apply to the following:

(1) An employee of any business or entity that is not primarily engaged in the business of private investigations or private investigating when that employee is performing duties related to his or her employment.

(2) An investigation of the internal affairs of a private business entity investigating a current or prospective employee.

(3) An employee of any business or entity that is not primarily engaged in the business of private investigations or private investigating when that employee is working under a contract for his or her services that his or her employer signed with a third party.

(4) Any person or professional (including without limitation attorneys providing legal services) who is not primarily engaged in the business of private investigations or private investigating, but who in conjunction with his or her business or profession may occasionally perform private investigations or private investigating.

(5) Any business or entity that is not primarily engaged in the business of private investigations or private investigating.

(6) A consumer reporting agency as defined by the Federal Fair Credit Reporting Act.

Section 24. (a) There is created within the board a division of investigation that shall be its official investigative agency.

(b) Each licensee shall provide to the investigative staff all records that pertain to the exact nature of the complaint under investigation and upon issuance of a subpoena.

(c) The board or any executive director of the board may subpoena those persons or documents necessary to any investigation undertaken under this act if other means including, but not limited to, notification by return receipt registered United States mail, have not produced the desired results.

Section 25. (a) Each licensee shall complete eight hours of continuing professional education acceptable to the board in each calendar year.

(b) The board shall make every effort to ensue at least one seminar per year will be held in each congressional district of the state providing an opportunity to fulfill the continuing professional education requirements of this section, which shall include at least one hour per year on ethics.

(c) The board shall promulgate rules necessary to carry out this section.

Section 26. (a) Any person offering private investigator training must first be certified by the board. The board shall ensure that the instructors employed by the training provider possess both the experience and academic credentials to ensure that the curriculum and instruction will be beneficial to those seeking to enter the profession. In order to qualify as a certified trainer or instructor, or both, the trainer shall meet the following criteria:

(1) He or she is 19 years of age.

(2) He or she has had at least three years’ experience satisfactory to the board with an investigative company or proprietary entity or with any federal, United States Military, state, county, or municipal law enforcement agency and relating to the block of instruction.

(3) He or she is personally qualified to conduct the training required by this act and is certified by the board which shall establish standards for the instruction process.

(b) A certified trainer, in his or her discretion, may instruct personally or use a combination of personal, instruction, audio, and visual training aids.

(c) To assist in the implementation of a training program, the certified trainer may use as an assistant trainer one who meets the following requirements:

(1) He or she is 19 years of age.

(2) He or she has had at least one year of experience with an investigative company or any United States Military, state, county, or municipal law enforcement agency.

(d) A certified trainer may be an employee of a private investigative or propriety agency or, if not, employed by an agency as a company under this act.

(e) The certified trainer shall certify that he or she has successfully completed the training and shall submit the certification to the board.

(f) The training program, fees, and requirements shall be established by rules promulgated by the board.

Section 27. No action taken under this act shall preclude prosecution under any other law of this state.

Section 28. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 29. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Chuck Chambers of Chambers’ Investigations, also in Bradenton, is quoted as saying about Greg, “[Greg] was a quiet fellow with a very mild personality. He always had a smile. He had these remarkable green eyes, which were his most distinctive feature. You would expect a guy 6-foot-3 to be loud and bodacious, but he was not. He was a good man who was very religious.” When he left Bradenton, Greg became a preacher before starting his own private investigation agency. Chambers has indicated that Greg was embroiled in the investigation of a marital infidelity case at the time of his death.

The primary suspect in Greg Brown’s murder is Ali Abid, a 49 year old immigrant from Iraq.  Abid, who resides in Weyers Cave, VA, is thought to be the last person to have had contact with Greg. Harrisonburg Police believe that he has fled the area.  It should be noted that Abid has a concealed firearm license, so he is assumed to be armed.

Our thoughts and prayers are with the family and friends of Greg Brown during this difficult time.

You Can Help: Anyone with information on Ali Abid’s whereabouts is asked to contact Crime Solvers at (540) 574-5050.