Licensing

Michigan requires a professional investigator to obtain a license from The Department of Licensing and Regulatory Affairs (LARA) according to Act 285 of 1965. It is unlawful to conduct investigative work in Michigan without a license.

The law establishes the experience and/or education required for the license and also states what type of actions would disqualify an applicant from obtaining the license. The investigator must renew the license every three years.

Surveillance

Michigan has set forth laws that dictate the legal boundaries that must be followed when conducting surveillance operations and gathering evidence. These laws apply to us as well.

MCL 750.539j and MCL 750.539d (2004) Prohibit secretly observing and recording images of a person in their undergarments, genitalia, buttocks or female breasts.

These are factors that our clients must understand in regard to infidelity investigations.

GPS Trackers

Michigan laws generally prohibit the use of a GPS tracker on an automobile without the consent of the owner or operator of the vehicle or a warrant. There are, of course, some exceptions and one of those exceptions applies to professional investigators.

MCL 750.539l(j) provides an exception for licensed professional investigators when the tracker is being used to gather evidence that will be used before a court, board, officer, or investigating committee.

Audio Recordings

Michigan courts have a 40 year history of upholding the opinion that Michigan is a “one-party consent” state when is comes to recording a conversation.

This topic has been one of debate over the years because of MCL 750.539c. This is known as the “eavesdropping law” and it prohibits a person who is present or not present from using a device to eavesdrop on a conversation without the consent of all parties.However, the exception comes from the court’s ruling that a party of the conversation is not considered to be eavesdropping if they are the one recording the conversation.