19/10/2024
COMMON P.I. MYTHS
Myth 1: Private Investigators can arrest people.
True/False. True & False.
A private investigator, like any other member of the public can effect a "Citizen's" arrest if he/she finds someone committing an offence. The operative words are "finds committing" if they don't see the offender commit the crime they cannot effect an arrest (Victorian Crimes Act 1958, Sec. 458) . Any use of force must be reasonable and proportionate to the force used by the offender. This is covered under the Victorian Crimes Act (1958) under Sec. 462a.
Myth 2: Private Investigators can conduct police checks.
True/False?--False!
A Private Investigator cannot conduct a criminal records (or IBR) check, that is the prerogative of Victoria Police, we do conduct background checks from certain public information sources, former employers, etc.
Myth 3: A Private Investigator can enter private property without the owner's consent.
True/False?--False!
A Private Investigator. has no special powers or laws protecting them. They cannot get a warrant to search as police can, they are just trained members of the public; entering private property without consent is called trespass. The P.I. will be charged with the same offence (trespass), as would any other member of the public. The maximum penalty for trespassing in Victoria is a fine almost $4,600. The Court may sentence the offender to six months imprisonment. Section 9 (1) (e) Victorian Summary Offences Act 1966. We don't pick locks either, the police would consider this breaking and entering!
A Private Investigator is however permitted to go anywhere a member of the public can go. A PI. can conduct surveillance in shopping centres, at sporting events and every other venue the public goes. The P.I. must leave if requested by management, or security, just like anyone else.
Investigators can also take photos or video of people who are on private property in certain circumstances.
Myth 4: Private Investigators carry, "gats," "rods," "heaters," "Roscoes," "squirts," "pieces," or guns.
True/False?-- False!
Just like other members of the public, a P.I. is not permitted by law to carry a concealed weapon, we are not Security guards or cash transport personnel, who are required to have a special permit to be under arms in the performance of their duties. The gun myth goes along with the other common fallacy attached to P.I. s--the high speed car chase!
Myth 5: Private Investigators are sleazy, "shonky", corrupt, or easily bribed .
True/False? False!
With today's professional training standards, there is little room for "unprofessional" professionals.
Private Investigators are trained professionals who are working solely for the benefit of their client. There will always be a rotten apple in any profession. We are certainly not stereotypes of Dashiell Hammett's Sam Spade, or Raymond Chandler's Philip Marlowe characters, and we seldom wear a Fedora and trench coat in this modern age.
Myth 6: Only Police/Army are the best investigators.
True/False? False!
Police work only slightly resembles private investigations, a Private Investigator cannot obtain a warrant, arrest on suspicion, or enter premises where a crime is taking place. Even an ex Police officer or soldier still has to undertake the Cert III in private investigations, before they can work as a P.I. That being said, ex police can bring a wealth of investigation techniques to the profession. They just need to remember that they no longer have the same powers under the law as they used to have.
Myth 7: Private Investigator work is a man's job!
True/False? Definitely false!
There are many woman Private Investigators and they are no different in skill, professionalism, and competency than any other colleague, often they pay more attention to the all-important details.
Myth 8: Private Investigators are hard knuckle-men and women who frequently get into fights and beat confessions from uncooperative witnesses .
True/False? False!
If a Private Investigator assaults someone they will be charged with assault and lose their P.I. licence; they may even go to prison like the rest of the public, depending on if the person was seriously harmed and presses charges.
Myth 9: A Private Investigator can put a wire tap on someone's phone line or plant a tracking device on someone's vehicle.
True/False? False!
Wire taps are governed by the Telecommunications Interception and Access Act (TIA) 1979. The TIA (1979) Act protects the privacy of Australians by prohibiting interception of communications and access to stored communications. The privacy of Australians is also protected by the Telecommunications Act (1997), which prohibits telecommunications service providers from disclosing information about their customers' use of telecommunications services.
The TIA Act (1979) sets out certain exceptions to these prohibitions to permit eligible Australian law enforcement and security agencies (agencies) to:
-- obtain warrants to intercept communications
-- obtain warrants to access stored communications
-- authorise the disclosure of data.
Agencies can only obtain warrants or give authorisations for national security or law enforcement purposes set out in the TIA Act.
The Surveillance Devices (SD) Act (2004) governs the use of surveillance devices by agencies. Under the SD Act, an eligible agency can apply for a warrant to use a surveillance device to investigate a relevant offence.
Although the Attorney General's Department administers the TIA Act (1979) and SD Act (2004), the department does not investigate crimes. If you think that your communications are being illegally intercepted or recorded you should report the matter to your local police.
Private Investigators are not included under any of these acts, they cannot use electronic surveillance of a subject.
Myth 10: A Private Investigator can access birth, medical, telephone, and motor registration records, and can obtain names and addresses from them.
True/False?--False!
Under privacy legislation, a PI does not have access to any of these records. Someone asking for this type of information raises suspicions as to their motives. If the matter is of a criminal nature and you require this information, eg., a hit and run accident, go to the police.
If you are trying to trace a birth parent we may be able to assist through data base research.
