State line and PI: It is a question whether to cross. The mystery of Shakespeare.
Your driving license is recognized in all 50 states. Your marriage license is also the same. How is your PI license?
NASIR hoped that PI licenses could be accepted in other states several years ago. Today this is not a fact ... or that. Read.
In researching this article, there are so many opinions that there are more people, and there is no real opinion on opinion or understanding about the subject. However, we are seeking facts and laws as well as opinions.
I spent a few hours in Texas last year. You can drive a few days and not leave that state. In New Hampshire, I can enter three states in 60 - 90 minutes. Many residents live here, working across borders. A state crossing the border is an important issue here in the state of granite.
What do you do with monitoring when the subject crosses the border? Tafkor. Steve Byearth, my good friend and mentor, seems to follow the title of a member-only club like the American Corps. Monitoring stops at the door. You have no legal right to enter. The client should be satisfied with the result and professionalism. You did not invade.
Steve calls applications of the same concept across StateLines. As long as you do not have a license there, it will stop at the border. Many licensing authorities reflect this feeling. But what is correct with this ... is wrong.
Your driver's license will be temporarily accepted in all states unless you are passing and living there. Your marriage permission is permanently accepted. Why is not your PI license?
The New England licensing agency seems to be subscribing to the philosophy that licensing is necessary to cross the line to do part of the investigation.
A New England licensing agency says that conducting a "conversation" with a witness to a licensed PI was not a survey, but "interviewing" a witness was "under investigation." I will explain this further, but I do not understand it well.
There are several possible scenarios: mobile surveillance where people cross the state line unexpectedly. What about NH lawyers? Is NH Coat and one of the witnesses living across the border? Or, the witness lives in NH, but his wife tells that he is in a neighborhood workplace. He has time to meet you today. Are you going?
There are countless opinions and possible solutions. I am networking with many PIs in neighboring countries. I can pick up the phone and get it. But this does not answer the question. When can you cross the state line?
Debate
Interesting data is in American Law Reports, 93 ALR 2nd.
According to this summary, individuals who are licensed to conduct single acts or isolated transactions in foreign countries, Absent Within the scope of the law requiring permission of that profession, shall be deemed to be engaged in that occupation.
The court Intention In other words, to have yourself for employment or "do business" in a foreign country.
A company (individual) is not aimed at conducting an independent isolated business and doing other acts, but is permitted business within the state regulations that require foreign companies to comply with specific conditions .
"Doing a business" is to continue a specific occupation or occupation.
93 According to the ALR 2nd edition data, the court, in the face of a single or part of an isolated transaction, actually decides the will of the individual. This is considered to distinguish the intention of completing the task from the intention of "doing business" and holding it for doing business in a foreign country.
State-by-state
The New Hampshire Safety Bureau states that in New Hampshire State some form of survey must obtain a license to enter the state.
Iowa is a little flexible. To determine the law, they apply a more flexible approach:
"The types of activities that do not demonstrate law in Iowa state include, but are not limited to:
(1) Non-Iowa state private research projects are prosecuted and submitted to another state, but work in criminal, civil or administrative cases, including several research elements in Iowa State. "
In North Dakota, there was no need to review this type of scenario, and it was necessary to end the assignment across state lines. They guaranteed me in their letter that each case was independently reviewed by the board. The Board feels that "it is best for investigators to comply with our licensing requirements in anticipation of such occurrences."
In Vermont state, we need to get temporary permission (Temp.License) before entering state. I did this once. The client needs information quickly and I want to get it. It took 30 days to get permission. I have not complained on the way. I have some friends in Vermont, which is in regulatory authorities. I think they have the best system in the country. I used it as a model in drafting the legislation plan for reforming NH's system.
Kentucky did not answer the question. They offered me a copy of the license law, but they did not address the problem directly.
Connecticut state also can not give legal advice and mentioned to read the law, but I will not answer the question that I am not dealing with this problem. When you need to enter Ct. You can call me.
Personal experience
NH licensed investigators unexpectedly received a petition from NH Claremont and ended in Vermont in the case of W / C. The petitioner engaged in very intensive activities in Vermont. The ruling ended in the court, and legal advisers of lawyers asked questions of legality. The judge ruled it WAS It is legal for the situation. The investigator is hired by NH by lawyer NH and looks at someone whose legal address is in NH. The investigator had no way of knowing that the complainant had purchased the land at VT and was discovering to build a house. PI was not "doing business" in Vermont province.
Getting near home is the experience of Jim Collins, a colleague in the state of Massachusetts. I knew him for many years and he is like a book of books, but he triumph against the licensing agency.
Mr. Jim told me that dealing with Florida authorities was centered around former officers in the Florida state licensing department.
The most informative and reasonable person he met was a female lawyer who agreed to his statement. And she killed both incidents and we rejected it all the time.
In some cases, subjects were tracked from Massachusetts to Florida. Jim then inspected at the post mortem examination during divorce. My wife began affair with another young man in the state and met in Florida. Her lawyer made a big problem at the courtroom of Jim who does not have a Florida license.
When Jim started, he did not know exactly where he was going to go to Virginia where she suspected Paramore lived from the information provided by the client where he was going to go.
Her attorney "reported" him to the Florida Department of Defense and kept a search report contained in Massachusetts records.
Massachusetts state judge reviewed Florida law and Mr. Jim agreed that he did not violate Florida law at all as "not operating" the business in Florida. The judge pointed out that Florida citizens can not even hire him in Florida. There is no advertisement, there is no phone list or office.
The Massachusetts state judge said that the main reason for the "business license" is to protect the public from unqualified persons. Jim's Massachusetts State license took care of it.
Because the judges are regulated in Massachusetts State, they are protected by Massachusetts licensing agencies.
The testament of the testament & family court allowed all of his testimony concerning the case. Divorce settlement will lower the income of the appellee received (at least $ 50,000.00). She and her boyfriend raised a lawsuit against the 1,500 miles in Florida and revenged. Jim won. He did not operate a business in Florida.
Another case is Mass. And ended in New Jersey. After the subject sank, millions and one day worth of defects suddenly got into the plane and Jim's investigator caught up with Florida. Should he release a parachute or abandon his mission?
They reported to him when they inspected with sediment. He tested in Massachusetts and New Jersey.
For these investigations, the parties were upset and lost hundreds of thousands of dollars (perhaps not millions of dollars). That is why I complained Florida authorities and filed complaints. There is no anger in hell ...
By the way, although they were "guests" in Florida, they were checking in to all the police stations in Massachusetts and they could not receive more nice treatments.
According to Jim , (Just like a TV show):
"The biggest reason we received was a firm case that we were not in detective business in Florida," the judge continued back to that point. The license of PI is not mere business license.
A Florida state judge pointed out that when he was a lawyer, he often went outside the country to take deposits and was not authorized as a foreign lawyer. A special license is required for work completed in Florida, looking for public records, monitoring someone's activities, studying, taking pictures in public places. Many other people do the same work and do not have a special license. The PI license is meant to "conduct a private detective in Florida state", the judge said that we are not doing it. "
In Massachusetts state of Massachusetts State, Jim thinks "I was doing business". He was visiting Florida to complete the assignment.
Conclusion
When I searched for this article, I was expecting reply to the list of many PIs. I am very few.
This does not affect all of us, it is a problem that may affect many of us. When the situation arrives at our doorstep, I think it is important that we are aware of problems, potential problems, and the way this is seen by courts and licensing authorities.
It is clear that the court sees this differently from most license agencies. Most license agencies need to receive education, which is our job. License aims to protect citizens by protecting non-qualified people from occupation and not crossing the border.
To cross the border is clearly different from "to do business" in a foreign country.
Each state has different standards for obtaining licenses. This could be a part of the puzzle. Some do not need a license, and in Rhode Island each town / city issues a license. They sometimes have debts about the fact that their licenses are valid in other cities.
Perhaps in the future, the consistency of license standards will increase, which will help mitigate this problem.
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