Chapter 8 Law and Ethics OVERVIEW ? Why and how our laws came to be ? Federal and state laws that affect the practice of private investigation ? Specific techniques and laws utilized in the course of...

Chapter 8
Law and Ethics
OVERVIEW
? Why and how our laws came to be
? Federal and state laws that affect the
practice of private investigation
? Specific techniques and laws utilized
in the course of investigations
? Ethics of private investigation
Goals
1. Understand the differences between
? Freedom of Information Act
? Privacy Act
2. Provide overview of relevant state and
federal statutes regulating the methods
of investigation
3. Reflect on the importance of ethics in
this profession
INTRODUCTION
? American laws and concepts
?Patterned after Old English law
? United States Constitution
?Bill of Rights
?Balance of power
?Executive, Legislative, Judicial
FEDERAL LAW
? Supreme law of the land
?Local and state laws must be
consistent with federal laws
? Without laws and regulation
?Not much business for PIs
?Not many sources of information
RELEVANT FEDERAL ACTS
? Most regulations for profession
?State or local level
? Few federal laws
? Freedom of Information Act (FOIA)
?May be withheld for specific reasons
?National Security, privacy, etc
RELEVANT FEDERAL ACTS
(cont.)
? Privacy Act (1974)
? Fair Credit Reporting Act (FCRA)
? Gramm-Leach-Bliley Financial
Privacy Act (GLB)
? Federal Workers’ Compensation
? Non-government Federal Workers’
Compensation
POSTAL CONCERNS
? Can I look at mail in mail box?
?Sticking out, plain sight
?Mail on receptionist desk
? Have I committed a federal crime?
?No, once delivered, no jurisdiction
?Title 18, Part I, Chapter 83, § 1705
STATE LAWS
? e.g.: eavesdropping and wire tapping
laws vary from state to state
? Cannot do either if you’re not one of
the parties involved, in any state
? Inadmissibility in court
? Civil/criminal liability
ETHICS
? Can relate to good sportsmanship
? Not win or lose, but how game is played
? Remember ENRON?
? Does anyone play by rules?
? You are responsible to client
? Client is not your employer
? Act in client’s best interest
CODE OF ETHICS
? Nat’l Assoc. of Legal Investigators
? Preamble
? Dedicated to search for the truth
? Employer’s and client’s interests
? Ideals of fairness and justice
? Honesty and courtesy with all
? Practice profession according to Code
CODE OF ETHICS (cont.)
? Professional Relations
? Sections 1 and 2
? Relations with the Public
? Sections 3 through 19
?The dos and don’ts of the profession
?Credence to professional integrity
RESPONSIBILITIES
? Ethics go beyond applicable law
? A license has fiduciary responsibility
?Act in the client’s best interest
?Activities must always be within law
? Be diligent and complete investigation
SUMMARY
? Refresher of the foundation of our laws
? Federal/state laws affecting profession
? Techniques utilized
? Introduced the topic of ethics