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But, I’m Not Ex-Law Enforcement or Military 43 this book because you were wondering about your own intuitiveness, put it down and look in the mirror. Congratulations. You are already an investigator. Now we will hone some of those skills you already pos-sess. The lucky person who mopped floors in the restaurant example ear-lier has a natural investigations career assisting other restaurant own-ers in uncovering the source of their losses. Perhaps he or she starts a business called Texas Restaurant and Club Surveillance Company, joins the Texas Restaurant Association, and markets these specialized services to nightclubs and fast food and fancy restaurants, as well as hotels. Do you think he or she will have any problem speaking the lan-guage of the business to his potential clients? Of course not! Intrigued with her findings, the bookkeeper continues her education and as a result of her developed skills in ferreting out the cause of accounting anomalies, refines those skills further and becomes a foren-sic accountant. She speaks fluent accounting and understands busi-ness; these are wonderfully marketable skills. The point is to not fear the investigation but do make certain you have a marketable skill and the requisite knowledge for which some-one else will pay money. Just wanting and wishing to be a private investigator is not enough. Many years ago a private investigator was asked how he got into the business. He replied, “I was in business suffering some losses and tried to hire a Private Investigator to look into the problem. During our first meeting, I found I had to teach him all about the business world. He did not have an understanding of EBITA [earnings before interest, taxes, and amortization], profit and loss statements, working capital, or triple net leases. I just figured his job wasn’t that hard; I had the knowl-edge he needed to investigate business problems, just not the time to do it. So I quit my job and started my own company specializing in investigating business losses. That was thirty years ago.” This is an appropriate time to address a sensitive issue that can sometimes be the white polar bear standing in the corner of the room wherever private investigators gather. People entering private investigations with backgrounds in law enforcement will admittedly have experience the lay person will not. They have, to some extent, become familiar with interviews, informa-tion research, and reports and have an understanding of the human 44 Basic Private Investigation element, crime, surveillance, and motives. How they apply these expe-riences in the private sector, however, does not always translate well. Being an ex-cop is no guarantee of success as a private investigator, and, in many cases, if the experience and skills are not adequately adapted to the private sector, the transition is doomed. Those who do adapt, however, soar as long as other proficiencies are added, as thor-oughly addressed throughout this book. So, just as it is undeniable those transitioning from the public sector will arrive with experience you do not possess, it is equally irrefutable you need to obtain training in these areas—and quickly. We will touch on a few shortly. FIRST THINGS FIRST: LICENSING There are currently five states that do not require private investiga-tors to be licensed (Colorado, Idaho, Mississippi, South Dakota, and Wyoming). As someone entering the field without a law enforcement background, you will be at only a slight disadvantage unless you live in one of those five states. In order to enjoy your career as a private investigator without fear of criminal or civil penalties—or develop the wrath of licensed investigators—you should take care of this part first. Jimmie Mesis, Editor of PI Magazine®, has one of the most up-to-date sites providing links to each state’s licensing requirements (www.pi magazine.com/private_investigator_licence_requirements.html). I would also suggest subscribing to the magazine because it always is educational. The states requiring licenses call for anywhere from months to years of documented investigations experience in order to get a license. (Author’s Note: Contrary to earlier pontificating in the opening para-graphs of this chapter, your life’s experience at investigating your own issues will not, sadly, qualify you for a license.) Each of these states, however, has some form of intern or appren-tice Program whereby you can easily obtain a license and begin to work with a licensed firm, alongside and under the tutelage of an expe-rienced private investigator. When you interview with such a firm, ask for the curriculum: how and how often he or she intends to train you and what types of cases the firm handles? Many states prohibit you But, I’m Not Ex-Law Enforcement or Military 45 from working for more than one firm at a time, which is an unfortu-nate and sometimes illogical reality. Therefore, make certain you are with a company that will keep you busy learning, not standing around emptying ashtrays or watering petunias. When you hook up with the right firm, you will learn firsthand, and without a substantial invest-ment, whether this business is truly your career path. Do not expect to make much money during this internship, but the lessons you learn about the nuts and bolts of this business will be invaluable when you open your own agency. INTERVIEWS AND INTERROGATIONS The lack of ability to get someone to talk to you about anything will doom you from the start. The ability to conduct successful interviews is paramount to the activities of a private investigator. An understand-ing that there is absolutely no legal or otherwise compelling reason for a witness, suspect, or subject to willingly talk to a private investigator means one must have a highly developed sense of communication. In-vestigators certainly must know when to push, when to back off, when to listen, and when to ask questions, but to do so they must know how to relate to the person with whom they are attempting to talk or the interview will go nowhere. They must be aware of legal boundaries as well as human behavior. Threatening a witness rarely works except on television. In real life you will either be ignored, get your backside kicked, or end up in jail. People must want to talk to you where you find them and as you find them; thus your presentation to them has to be part sales, part friend, part protector, and part coconspirator—as necessary. If allowed, people love to talk. Therefore, of all the education, degrees, certifications, or experiences you have, there is one essential skill to perfect in this busi-ness: spend the money for serious courses in interviewing and interro-gation. This is not the place to distinguish between the two terms; suf-fice it to say there are many very good courses out there worth every penny if you are serious about this career. The Reid Technique® of Interviewing and Interrogation is widely known and highly respected. Wicklander-Zulawski is yet another. Regardless, the more you know about interviewing techniques and understanding nonverbal commu- 46 Basic Private Investigation nication, or kinesics, the better you will be in your field regardless of specialty. Do not shortchange yourself in this training. You may be nat-urally glib and gifted at gab. It is not the same thing. There will be times you will only get one opportunity to interview a potentially critical wit-ness to your client’s case. Get the training; you will never regret it. REPORTS (DO I HAVE TO?) An equally critical area is the ability to prepare and write an intelli-gent and comprehensive report about the case that you have just investigated. A well-written report details what you did during the investigation. It is also the written justification for what you invoiced the client. Without it, you will not get referrals, you will not get repeat business and you may not even get paid. All of your now highly tuned skills will be for naught but for this significant requirement. I was one of about eight advisory board members on the curriculum committee of a four year criminal justice degree program years ago. We were asked, “What skills would you like to see our students leave here with?” In other words, “Were you to hire one of the college’s criminal justice graduates, what training should they have to help you in your business?” The answers were varied and depended on whether the board member was from a corrections institution, a police or sheriff depart-ment, a federal law enforcement agency, or private sector business. To a person, however, the number one answer was report writing. The department chair, Dr. Walt Copley, politely answered, “Alas, by the time the students get to us, those writing habits—whether atrocious or exceptional—are too deeply ingrained for us to have any effectual change.” He was politely telling the board that these graduate students would be either very good or perfectly horrible at report writing and there was little the college or the hiring agency could do about it. Again, this is not a forum to promote programs or correct deficien-cies in our educational system but do understand this point. If you can write adequately, using proper grammar and spelling, you already know it and you are already ahead of many others in the business. If you cannot write but recognize it, you will also be okay. You just need to do what you are already doing, such as reading this book. Recognizing shortcomings and addressing them is a huge step. Study But, I’m Not Ex-Law Enforcement or Military 47 the successful private investigators who have authored chapters here-in; go to work for one in your city; find a mentor and copy what he or she does when it comes to reports. Do not write a report that raises more questions than it answers. Be succinct. Do not proffer opinions unless requested and so identified. Get a proofreader and use a Spell Checker and dictionary. This list goes on. Believe this, however: How far you go in your new career will depend on the readability, accura-cy, and professionalism of your reports. Lastly, if you cannot write and do not believe in its importance to this business, you might want to practice saying, “Would you like fries with that?” ASSOCIATIONS AND THEIR DAMNED ACRONYMS This part cannot be overemphasized: Because you are coming to this dance without a law enforcement background, you absolutely need to become a member of and be active in appropriate private investigation groups. There are reasons galore but consider that you will immediately have a peer group to whom you can turn with ques-tions about how to best approach a case. You will be able to ask (for instance) “what are the legal aspects of interviewing a minor without a parent present” or “can I use a GPS locater unit on a client’s car in this state?” You are naturally going to have legal and procedural questions as you grow in the business. The members of these groups are a wealth of experience and information and are almost always willing to share with someone who is asking the question for the right reasons—to learn how to do the business the correct way. Each state has at least one professional association for private inves-tigators; some states have more than one (Florida, for instance, has four). Find one in your state, join it, and attend meetings. You will meet some unbelievably talented private investigators who might turn out to be your next, best mentor. They also offer annual educational programs, and if your state requires continuing education units (CEUs) to maintain your license, these will be important and are gen-erally very affordable. There are also some international professional organizations (including INTELLENET) and some political action committees and then there are the professional certifying organizations, such as ASIS ... - tailieumienphi.vn
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