Limitations of a Private Investigator

In the rising tide of criminality across the globe, police and military presence seems not enough. Even in countries that boast of some of the most efficient and effective law enforcement organizations in the world, there is a prevailing movement for greater citizen participation and broader civil society involvement. The increasing number of local formations such as Citizen Crime Watch in many districts, small towns, suburbs and village across countries and you know that even average households and individuals have taken part in social attempts to curb crime.

Apparently too, under these conditions, private investigators have also taken a front seat. Today in Singapore there is a continuously increasing number of not just individuals but private investigation companies.

Private Investigator and Law Enforcement

Often enough, private investigators are interchanged with police detectives or crime-scene investigators but there are a number of differences.

Like police detectives and crime-scene investigators, private investigators are skilled individuals who work for private citizens or businesses rather than for the government. Although they are hired for a variety of reason, specifically to help solve crimes, they are not law-enforcement officials. Instead they collect information that can help resolve certain civil or criminal case but they do not have the power to arrest or prosecute criminals. In other words they are private individuals hired by other private entities to perform law services. 

Of course, there are times when police crime units hire private investigators officer. But this are very isolated times specifically only when police officers are restricted to perform something that a private investigator is allowed to do so or when police investigators can no longer pursue the case further due to lack of manpower or resources. In such cases of course, there are strict laws and regulations.

Legal Limitations of Private Investigators

And in the same manner, private investigators have their own limitations most of which are fundamental limitations set by law and based on basic human rights. For instance in Singapore, private investigators are cannot enter a property, house, or building through breaking and entering but may be allowed an exemption to trespassing if they are working as a process server and are ‘trespassing’ to serve legal documents.

Private investigators in Singapore are also not allowed to carry guns simply by nature of their job. Instead they may be allowed to do so but they would have to file for permits to carry in authorized agencies of the State just like any regular citizen does to carry guns. In other words, their right to bear arms is similar to the basic rights to bear arms of most private citizens.

In Some countries law enforcement agencies may be allowed to wiretap once provided the proper warrant by higher legal courts. But under no circumstances are private investigators allowed to that.  Even if there is permission from a party involved, private investigators are generally prohibited from doing so because these acts are police powers permissible only for government instrumentalities. The same is true for bank records. Although governments may issue warrants or subpoena to authorize law enforcement agents or investigating units to access bank records, private investigators are generally not given such warrant or subpoena.