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Crossing State Lines - The Legal Authority of a Private Detective |
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Written by Wayne R. Centanni
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The laws in particular states may be slightly different, but the basic principles apply throughout the country. It is well established that states have the authority to specify certain professions, occupations and industries that must acquire a license.
This is done for two separate and distinct reasons:(1) to obtain revenue for the state (2) to protect the citizens of the state from individuals performing specific licensed acts who are not qualified to act in the capacity so licensed.
A private detective agency or a private detective may go beyond the state lines in which he is licensed, provided he does not hold himself for hire in the other state or states. The critical test appears to be whether or not he is seeking business in another jurisdiction.
If business is being sought, then the individual falls within the licensing requirements of that state. On the other hand, if he is hired in one state and of necessity must conduct his business in another state in order to satisfy his employment, then that is legal and acceptable. The law clearly allows the performance of a private detective\rquote s business in another state under the circumstances above. The answer, therefore, is that a detective may go beyond the state lines as a part of his investigation. To prohibit the crossing of state lines would be to deny interstate commerce.
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