SOURCES OF INFORMATION.pdf

Study Unit

Sources of InformationBy

Leroy E. Cook

Copyright © 2004 by Education Direct, Inc.

All rights reserved. No part of the material protected by this copyright may bereproduced or utilized in any form or by any means, electronic or mechanical,including photocopying, recording, or by any information storage and retrievalsystem, without permission in writing from the copyright owner.

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About the Author

Leroy E. Cook is the founder and president of ION Incorporated.

Prior to founding ION in 1987, he operated his own investigation

agency for 15 years, served 8½ years as an all-lines adjuster and

branch manager with the General Adjustment Bureau, and spent

3 years as a sales trainer for Field Enterprises Educational Corp.

He has been awarded numerous investigative industry certifications,

including CLI (Certified Legal Investigator), CII (Certified International

Investigator), CFE (Certified Fraud Examiner), and CPP (Certified

Protection Professional). He has lectured at conferences of the World

Association of Detectives, National Council of Investigative and

Security Services, and the American Society of Industrial Security.

He also served as a check pilot and provided flight instruction in

Alaska for 12 years.

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This study unit introduces you to andexplains some of the many sources ofinformation available to you as a privateinvestigator. First, you’ll learn what typeof information is available and how an

understanding of this information is critical to your successas an investigator. Overall, you’ll learn

1. What types of information are available

2. How to access various records and information sources

3. What a database is

4. The role of the Internet for private investigators

When you complete this study unit, you’ll be able to • Identify six classifications of investigative information

resources

• Discuss the role of the Internet in private investigation

• Differentiate between public and private records

• Explain restrictions on obtaining credit reports

• Describe how databases are used to develop investigativeinformation

• Explain the use of public libraries as investigative resources

• Discuss how to use field investigation relating to researchactivities

• Describe how to avoid misusing information resources inways that might cause legal complications

• Work with people to obtain needed information

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TERMINOLOGY 1

PUBLIC AND PRIVATE RECORDS—A BROAD OVERVIEW 2

Public Records 7Federal Records and the FOIA 8State Records 10Private Records 16Publications 17Computerized Databases 19Field Investigation 20People 21

UNDERSTANDING PUBLIC AND PRIVATERECORDS 24

Definition of Public Records 24Searching Public Records 24Public, Private, and Personal 25Where Public Records Are Held 26Common Public Records Access Methods 27

CATEGORIES OF PUBLIC RECORDS AND INFORMATION 33

Business Records 33Lien and Security Interest Records 36Real Estate and Tax Assessor Records 38Bankruptcies 38Important Individual Records 39

USING A PUBLIC RECORD VENDOR 48

Distributors and Gateways (Proprietary Database Vendors) 48

Search Firms 49Local Document Retrievers 49Other Private Investigation Firms 50Information Brokers 50Selecting the Best Vendor for Your Needs 50

USING INFORMATION RESOURCES: A REVIEW 51

Motor Vehicle Records 51Court Records 53Recorded Transactions 58Corporate and Business Records 60

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Contentsvi

Praying for Private Records 60Libraries as Investigative Resources 61Database Searching 62

AVOIDING INFORMATION PITFALLS 68

Misidentification 68Violating the Fair Credit Reporting Act (FCRA) 70Accessing Information Confidential by Law 72

THE INTERNET 75

The Power of the Internet for Investigation 75Search Engines 76Boolean Logic 76

SUMMARY 79

PRACTICAL EXERCISES 79

Exercise 1 79Exercise 2 80

SELF-CHECK ANSWERS 81

EXAMINATION 83

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TERMINOLOGY

affidavit Any written document in which the signer swearsunder oath before a notary public or someone authorizedto take oaths (like a county clerk) that the statements inthe document are true.

AltaVista A powerful major search engine.

Boolean logic Database searching using the terms AND,OR, and NOT.

county recorder Maintains a list of transactions recorded toprovide official public notice.

credit header The identifying (non–credit related) part of acredit report.

deposition The taking and recording of testimony of a wit-ness under oath before a court reporter in a place awayfrom the courtroom before trial.

distributors Firms who combine public sources of bulk data and/or online access to develop their own databaseproducts.

exhibit A copy of a paper attached to a pleading (any legalpaper filed in a lawsuit), declaration, affidavit or otherdocument, which is referred to and incorporated into themain document.

FCRA Fair Credit Reporting Act.

FOIA Freedom of Information Act.

gateways Companies that either compile data from orprovide automated access to primary distributors.

Google A powerful major search engine.

Sources of Information

hypertext search A type of computer-assisted search inwhich you look for every occurrence of a word in thedatabase.

identifier Any item of information specific to an individual.

Internet A large number of computers connected around theworld using a common protocol.

repository A place where records are kept.

service of process The delivery of copies of legal documentssuch as summons, complaint, subpoena, order to showcause (order to appear and argue against a proposedorder), writs, notice to quit the premises and certain otherdocuments, usually by personal delivery to the defendantor other person to whom the documents are directed.

sting operation The police provide an opportunity toperform an illegal act and arrest those who respond.

PUBLIC AND PRIVATERECORDS—A BROAD OVERVIEW

Information is available in quantities never before dreamedof. The Information Age has dawned and become part of thenew world of the twenty-first century. One can almost drownin the mass of information that’s now available. Private inves-tigators must position themselves as the masters of thismass of information. To harness this arsenal of informationeffectively, you as a private investigator must understand theclassifications, characteristics, and capabilities of investiga-tive information resources. Grouping the many sources ofinformation by type into a manageable classification is usefulto a professional investigator.

Information sources and resources can be classified into thefollowing six types:

• Public and private records—Public agencies and privateorganizations create or keep a variety of records. Theseinclude hybrid records (a blend of several records) suchas credit reports, which are produced and maintained byprivate organizations but whose use is regulated by law.

Sources of Information2

Sources of Information 3

The strict definition of public records is those recordsmaintained by government agencies that are open without restriction to public inspection, either by statute or by tradition.

• Publications include original works or collected informa-tion made available for general distribution throughnewspapers, journals, books, and other forms of publication such as microforms and microfiche.

• Computerized databases are compilations of multipleitems of information that can be searched based on oneor more data items. They can be stored on a CD or canbe accessed online.

• The Internet—Although the Internet is actually a systemof connections and servers that mainly provides a way ofaccessing public and private information, publications,and databases, it’s so enormous it can be thought of as aseparate source of information.

• Field investigation involves contacting individuals andphysically inspecting or examining incident sites to findpotential information or evidence.

• People are also a major source of information in theprivate investigation business. To obtain information orevidence, you must interact with persons—clients andwitnesses, for example—that you think may have knowl-edge of the events in question (Figure 1).

Each information type has unique characteristics, which youmust understand and appreciate before you can use theresource and before you can identify the possible interactionof information types.

Let’s begin by taking a look at each type of informationresource.

Think about your life. From birth to death, records are createdabout major events as well as routine transactions andunintended incidents. A birth certificate is generally the firstofficial notice of a person’s life. It’s filled out at the place ofbirth and gives the name of the mother and (when known)the father, as well as the date, place, and time of birth. Most


birth certificates are maintained as public records at arecords repository near the place of birth. However, there’srecord keeping that occurs even before a person is born.Medical and insurance paperwork, for example, will reflectthe mother’s pregnancy and prenatal care. Some pregnanciescan be indicated in legal documents. Divorce actions typicallyrequire a statement about whether the wife is pregnant at thetime of the petition for divorce. Personal injury lawsuits willcite a claim for an unborn child or for a mother who loses anunborn baby from an accident.

Incidents occur throughout the lives of people and organiza-tions, and records of such incidents are made and kept bypublic and private organizations. For example, the followingrecords will typically be kept by state or local governments:

• Birth

• Death

• Marriage

• Voter registration and voting

• Arrest and conviction

• Transfers of real estate

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FIGURE 1—People arean important source ofinformation.


Besides records of official notice and routine transactionssuch as sales and contracts, some private and even intimateevents generate paper records. Consider paternity. A sexualrelationship, which we don’t document, produces a child(Figure 2). The mother may seek child support, or the fathermay try to establish parental rights. In either case, theintimate act, which would otherwise have gone unnoticed,becomes a matter of public record. In fact, there’s a potentialpaper trail on almost everything. Successful investigatorsunderstand this and learn how to use it to help their clients.Figure 3 is a list of public records. Although the list is lengthyand includes a good variety of record types, it’s by no meansall-inclusive.

FIGURE 2—Unless some-one sues for paternity orpalimony, there’s often noofficial documentation ofan intimate relationship.

What’s the difference between public and private records?Simply put, public records are available to the public, and private records aren’t. Public records are usually compiledand kept by government agencies; private records are ownedand largely controlled by individual people and private organ-izations. The records of government aren’t always public.Private records generally remain beyond public view.Examples of public records include

• Land sales and transfers

• The boundaries of private property

• The budget for the state or local government

• Transcripts of most court proceedings


Public Records

Aircraft registrations Bankruptcy filings

Birth and death certificates Business registration permits

Construction permits Court documents

Criminal conviction records Divorce records

Fishing licenses Hunting licenses

Incorporation records License plate numbers

Marriage records Motor vehicle records

Occupational licenses Parking tickets

Pet licenses Pilot's licenses

Public company filings Real estate transactions

Tax liens Trademarks

Traffic tickets Uniform Commercial Code filings

Vehicle ownership records Voter registration records

Workers' compensation records Zoning applications

FIGURE 3—You’ll probablyuse many of these publicrecords in your job as aninvestigator. In fact, you’llundoubtedly discover otherpublic records that can aidin tracking down information.


Examples of private records include

• Your checking account statements

• The personnel files of the local grocery store

• The records of phone calls made to and from every phonein the network of the local phone company

Public Records

Governments produce incredible amounts of paperwork.Beyond the volume of laws and regulations produced at alllevels—federal, state, county, and local—governments requirethat records be kept to assure the proper enforcement of lawsand administration of programs. Overall, public records aremade and kept by public officers in the conduct of officialbusiness. A public record may be created and kept by oneagency and provided to other agencies.

A perfect example of shared, but restricted, information isarrest records. People are arrested throughout the UnitedStates by many levels of law enforcement. Quite often a person who’s arrested or wanted for arrest has the same orsimilar name or even identifying characteristics as anotherperson. Decades ago the National Crime Information Center

(NCIC) was established in the Federal Bureau of Investigation(FBI) to help authorities share information about arrests,convictions, and other information across federal and statelines. The NCIC receives input from federal, state, county,and local law enforcement agencies. Contrary to the scenariosportrayed by fiction writers, the information in the NCIC isn’tavailable to private investigators. States that subscribe toNCIC must agree to restrict its use and the distribution ofinformation obtained from it. Although several states allowopen access to their own criminal history data, those samestates are obliged to withhold information that they obtainfrom other states through NCIC. Computers keep records ofwho looks for what, and anyone providing confidential infor-mation to unauthorized users would lose his or her job.

Federal Records and the FOIA

At the federal level, the Freedom of Information Act (FOIA)

is the principal information access tool. It affects records ofagencies only in the executive branch of the federal govern-ment—that is, departments and bureaus such as the Depart-ment of the Interior, the Federal Bureau of Investigation, orthe Social Security Administration. The judicial branch (theSupreme Court and other federal courts), the legislativebranch (Congress), and state and local governments areexempt from FOIA. Federal agencies under FOIA are requiredto supply material requested from their files. However, infor-mation may be withheld for a variety of reasons includingpersonal privacy, disclosure of trade secrets, law enforcementinvestigative interests, or national security.

To make a request under the FOIA, you must present awritten request to the agency that you believe possesses theinformation you need, and you must be as specific as possi-ble about the information you seek. A government agencyunder the FOIA may charge a fee for reasonable costs relatedto research and copying, depending upon the magnitude andcomplexity of the search required to comply with a FOIArequest.

Another factor affecting FOIA requests is response time. If anagency denies you access to federal records, you must file awritten request (Figure 4). The agency is required to respondwithin 10 working days of the request. The response may beany of the following:

• Providing the information

• Advising you they need more time

• Denying the request



In real-world practice, agencies often don’t meet the 10-daydeadline. Technically, a lack of response within 10 days maybe regarded as a denial. If you feel you’ve been denied, youmay file an administrative appeal, which adds still more timeto the process. The FOIA does provide for the award of rea-sonable attorney fees and litigation costs to petitioners whoare wrongly denied access, but the courts have been reluc-tant to award attorney fees solely because of an untimelyresponse. Since the terrorist attacks of September 11, 2001,some government agencies have removed previously availableWeb sites and tightened up on responding to FOIA requests.

Figure 5 lists additional sources of information on theFreedom of Information Act.

Date

Agency Head (or Freedom of Information Act Officer)Agency NameAgency AddressCity, State, Zip Code

Re: Freedom of Information Act Request

Dear _____:

Under the Freedom of Information Act, I request that a copy ofthe following documents (or documents containing the followinginformation) be provided to me: (Identify the documents orinformation as specifically as possible.)

I am a private investigator seeking information for evidence oras research for evidence for use in legal proceedings and notfor commercial use. Disclosure of the requested information tome is in the public interest because it’s likely to contributesignificantly to public policy as it will assist the parties and thejudiciary in the consideration of all relevant evidence. I amwilling to pay fees for this request up to a maximum of $___. If you estimate the fees will exceed this limit, please informme first.

Sincerely

Your Name

Your AddressCity, State, and Zip CodeTelephone Number

FIGURE 4—Sample of aFreedom of Information ActRequest Letter

State RecordsState information policies are guided by their laws relating topublic records and open meetings. Each state’s laws differ,but generally all define public records as those that are madeand kept by public officials in their official duties. The follow-ing list contains typical state and local public records.

Motor Vehicle Information

Most states provide drivers’ license and motor vehicle owner-ship information, but an increasing number of states areimposing restrictions on access.


• Your Rights to Federal Records: Questions and Answers on the Freedom of InformationAct and the Privacy Act

Superintendent of DocumentsU.S. Government Printing OfficeWashington, DC 20402

• Step-by-Step Guide to Using the Freedom of Information Act

American Civil Liberties UnionPublications Department122 Maryland Avenue NEWashington, DC 20002 (202-544-1681)http://archive.aclu.org/library/foia.html

• Federal Information Center (301-722-9098)

(Call this number for help in determining where to direct a Freedom of InformationAct request—that is, the appropriate federal agency branch office nearest you.)

• Findlaw—do a search for “Freedom of Information Act” at http://www.findlaw.com/

• The “Justice Department Guide to the Freedom of Information Act” is an overview dis-cussion of the FOIA’s exemptions, its law enforcement record exclusions, and its mostimportant procedural aspects. Available at http://www.usdoj.gov/oip/foi-act.htm (orgo to http://www.usdoj.gov/ and click on FOIA, then Reference Materials)

• Society of Professional Journalists FOI Resources—https://www.spj.org/foia.asp (orgo to https://www.spj.org/ and click Resources, FOIA)

• The Freedom of Information Center at the University of Missouri School ofJournalism—http://www.missouri.edu/~foiwww/

FIGURE 5—Additional Sources and Guides on the Freedom of Information Act


Real Estate Ownership

Real estate ownership records serve to identify owners ofparticular parcels and are associated with the payment ofproperty taxes. A few states don’t maintain alphabeticallistings of property owners, but instead identify the propertyowner by the property address or a legal description.

Recorded Transactions

Recorded transactions are usually registered at the countylevel in grantor-grantee indices. They include deeds of varioustypes, mortgages and deeds of trust (and satisfactions there-of), homestead declarations, agreements, judgments (andsatisfactions of judgments), taxes and liens, notices oftrustee’s sale, and Uniform Commercial Code financingstatements (and amendments and terminations). In addition,county recorders record virtually any other type of documenta person might wish to have appear on the official record.Often recorded are certificates of honorable discharge fromthe armed forces and death certificates that affect the owner-ship of real estate.

Assessors’ Records

Tax assessors are responsible for estimating the value of realestate for the purposes of taxing that value. Property assess-ments and property tax payments are directly associated withreal estate ownership records and reflect information such asproperty address, parcel number, legal description, estimatedmarket values, and assessed valuation of real property andimprovements for tax purposes. Property tax paymentrecords, maintained by county treasurers, include the taxand ownership history of a property, the taxes assessed, andthe taxes paid. These records also show where the tax pay-ment was sent, if it was paid, and who made the payment.

In legal jargon, improve-ments to real estate arethe buildings erectedon the land.

A deed of trust is adocument that pledgesreal property to securea loan, used instead ofa mortgage in severalstates.

Satisfaction occurswhen the person owedmoney receives paymentin full.

Court Records

In the United States, the right to due process is protected(and documented) in records kept in federal, state, and localcourt systems. At the lower court levels, such as municipaland justice of the peace courts, such records are retained foronly a few years. Higher courts and appellate courts, on theother hand, maintain court records for longer periods, even-tually storing older records in archival formats on microformsor microfiche. These higher court decisions are also oftenpublished in large volumes once or twice a year, as they setprecedents for other courts when making decisions in similarcases (Figure 6).

Court records cover the full range of litigation issues, such ascriminal matters, civil lawsuits, domestic relations, family lawand divorce, personal injury, and even tax disputes. In thefederal courts there are bankruptcy courts for legal relief offinancial burdens and magistrate courts for a number oflesser federal criminal offenses. Federal district courts handlea full range of serious civil and criminal cases.


Due process refers tothe right of allAmericans not to bedeprived of any rightswithout going throughthe legal proceduresdesigned to protectthose rights (i.e., atrial).

FIGURE 6—Records of highercourts are published in bookform.


An excellent resource for the structure and jurisdictions ofstate courts is the State Court Caseload Statistics (Annual

Report), National Center for State Courts, 300 NewportAvenue, Williamsburg, VA 23187-8798.

Corporate Records

To have legal standing and to be able to conduct business ina state, corporations must be incorporated or chartered.

Minimum incorporating data usually includes articles of

incorporation (for a corporation organized within the state) ora registration of a foreign corporation (for a corporation organ-ized in another state), a business address, annual statementsof officers and directors, and the identification of a statutoryor registered agent authorized to accept service of legalpapers for the corporation. Articles of incorporation is adocument, filed with a U.S. state by a corporation’s founders,describing the name, purpose, place of business, and otherdetails of a corporation. Some states require more extensive(and often more useful) information, such as

• Identification of major shareholders

• Statements of any officers, directors, or major share-holders who have filed bankruptcy or have been thesubjects of litigation involving fraud or criminal conduct

• Financial statements that outline the assets andliabilities of the firm

The custodians of state-mandated corporate filings vary, butthey’re generally kept with the state’s secretary of state, acorporation commission, or corporations department.

Businesses other than corporations, such as limited partner-ships, general partnerships, and sole proprietorships, alsohave registration requirements. A limited partnership is like acorporation in that it shields the limited partners from liabilitybeyond their investment. Most states require a limitedpartnership to register its business name, address, purpose,the general partner (who is liable for all debts but also hasmore involvement in running the business), the statutory or

A corporation is a formof business where thecompany has separatelegal standing from itsowners and those own-ers are protected frombeing personally liablein the event that thecompany is sued.

registered agent, and a list of all limited partners. Limitedpartnership records are generally kept with the secretary ofstate or a corporation commission or department.

General partnerships are business organizations of two or moreparties who aren’t married (other than a couple dealing withsole and separate property). Unlike corporate shareholdersand limited partners, partners in a general partnership maybe held liable for all the debts of the partnership. For exam-ple, suppose Smith and Jones are partners, and Smith, withor without the knowledge and consent of Jones, orders$100,000 worth of equipment. Both Smith and Jones areliable for this payment. If the partnership can’t pay the debt,the individual partners may be required to pay. For suchreasons, most states require that general partnerships identifythemselves as such and identify the partners. As new part-ners are added or as old partners leave, some type of publicnotice is generally required. When a general partnershipends, there’s often a public notice of that act, as well.Partnership agreements, amendments, and terminations are usually recorded with the county recorder’s office in thecounty in which the general partnership does business.

Sole proprietorships are companies owned by one person (orby a husband and wife). Although there are registrationrequirements for sole proprietorships, they’re much lesscomplex than the requirements for other forms of businessorganization. The most common form of registration for a sole proprietorship is the registration of the business name,especially if the business name doesn’t incorporate the pro-prietor’s name. For instance, John Wilson might registerWilson’s Wonderful Landscape Service, but might not see the same need to protect the trade name of John WilsonLandscaping (unless he wishes to preserve the trade namefrom other persons named John Wilson). A business nameregistration, sometimes called a fictitious business name, isfiled with the county recorder. Also, many cities and townsrequire a business to register when it’s subject to sales taxes.



Occupational Licenses

Professional and occupational licensing requirements areextensive throughout the United States, and vary considerablyfrom state to state. Figure 7 is a general summary listing ofdifferent professions and occupations for which licensinginformation can be obtained. Licensing usually involves satis-fying certain education requirements, passing a test, andpaying fees.

Each state differs in the types of records available for publicreview. Public review is a right private investigators sharewith any citizen. A private investigator’s license rarely providesspecial access to information, with the exception in somestates of driver’s license and motor vehicle information.

Public agencies deal with a wide range of information, not allof which is public. Personal and business income tax records,for instance, are universally considered confidential, so muchso that it’s illegal for governments to release such informationeven to other governments and agencies (Figure 8). However,

Profession Licensing

Accountant State accountancy boardAttorney State or county bar associationDentist State dental boardElectrician State board of examinersPhysician State medical boardRealtor State real estate departmentTeachers State board of education

Occupation Licensing

Contractor State registrarHair stylist State barber’s boardInvestigator State policeManicurist State cosmetology boardSecurity guard State police

This listing is simply illustrative. An excellent resource for statelevel public records, including corporations, limited and generalpartnerships, sole proprietorships, and professional and occu-pational licensing, is The Sourcebook to Public RecordInformation, BRB Publications, Inc., P.O. Box 27869, Tempe,AZ 85285-7869.

FIGURE 7—Professions andOccupations Often Licensedby States


there are legal means to obtain some income tax records. Taxcourts exist at federal and state levels so taxpayers and taxcollectors may thrash out their differences, and tax collectorsalso bring criminal tax cases before criminal courts. In suchcases, a copy of the tax returns and schedules in question isoften a part of the public court record. Such records are often several years old by the time they appear. The point toremember is that even if a record is confidential by law, theremay be other legal means to obtain it.

Private Records

Most individuals and organizations keep records of some kindor another. A checking account register is an example of aprivate record—kept largely to track available funds and tomake sure the bank doesn’t get by with mistakes. A privatecheckbook can be used as an investigative tool. For example,a witness may not recall the date of an event, but can place itin relation to a major financial transaction such as a medicalbill. In such a case, you might not be able to talk the witnessinto allowing you to pore over the check register, but the wit-ness may refer to the register and advise you that she knowsthe incident took place on the 19th because the day after (the20th) she had a doctor’s appointment, which she can proveby her check register.

The variety of possible private records is endless. Individualskeep track of bills received and bills paid, cash registerreceipts, letters, auto mileage logs, credit card records, tax

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FIGURE 8—A person’s taxrecords aren’t public, eventhough they’re collected bythe government.


returns, and diaries. Businesses maintain records for taxes,for accounting and management purposes, for interdepart-mental transactions, and so on.

Unlike public records, an investigator has no right to inspectprivate records unless that investigator has a court order orthe owner gives up his or her right to privacy by turningthem over voluntarily or discarding them in a public place.Asking to examine private records may bring a hasty end to a conversation. Sometimes, however, if you ask, you’llreceive. Any time an investigator can gain access to theprivate records of a person or organization, it’s a triumph ofpersuasive skill.

Publications

Apart from records produced by public agencies, numerouspublications address information and research needs forbusiness and industry. Such publications include printeddirectories of various types. Many also appear in microfilm ormicrofiche formats. Telephone directories, for instance, arepublished for virtually every community with phone service—which is almost universal in the United States. Local librarieskeep current directories, including commercial listings, andmany libraries also maintain previous directories.

Before the widespread use of online databases, most estab-lished private investigation offices had wall-to-wall shelvesfilled with old and new phone books and city directories. Citydirectories were frequently referred to as crisscross directories

or reverse directories, because they were organized by addressand phone number as well as by name, instead of by nameonly as in a regular phone book. Even today, some largerstate and regional libraries keep directories for decades. InArizona, for example, the State Department of Library andArchives has telephone directories for the Phoenix metropolitanarea dating back to the 1950s.

Many libraries subscribe to Phonefiche, a service that pro-vides microfiche copies of complete community telephonedirectories across the United States. Instead of payingdirectory assistance fees to survey a state or region, you canuse the microfiche at the library to identify persons with the

same or a similar name. Business directories list businessaddresses and telephone numbers, business activities, andcontact information such as chief executives, officers, andpurchasing agents.

Newspapers, magazines, and journals are, of course, othervaluable sources of published information about people,organizations, and events. More and more, such informationis becoming available through computer databases. For information that hasn’t been computer indexed, you can usereference tools like the Reader’s Guide to Periodical Literature

and other subject-oriented indices of printed information.Reference librarians can be a tremendous resource in helpingyou identify which of many possible directories, indices, orpublications are the most appropriate for your investigativeproject (Figure 9). Small community papers that aren’t for-mally indexed may also offer opportunities for discovery.Some libraries build their own files of news reports of majorcommunity interest, such as deaths of prominent citizens,crimes, and disasters.


FIGURE 9—Reference librar-ians can be a tremendousresource.


BRB Publications publishes books on subjects such asstate/county records, MVR records, private source records,and other types of recorded information. Electronic media isalso available.

Computerized Databases

In the movie Apollo 13, astronaut Jim Lovell (portrayed byTom Hanks) speaks of the technological miracles of the spaceprogram. He boasts of “a computer that can fit in one room.”What was a breakthrough at the time of Apollo 13 is nowcommonplace. The explosion of personal computers hasplaced such power on desktops and even in the palms of peo-ple’s hands. The business world of private investigation stillhas some investigators who haven’t embraced computers asinvestigative tools. In the future world of private investigators,it will be virtually impossible to operate without computerpower for investigations as well as for business applicationssuch as word processing and accounting (Figure 10).

FIGURE 10—Computer-literate investigators are on the cutting edge of thefuture.

In simple form, a telephone book is a database—a collectionof names, addresses, and telephone numbers. Although it’s avaluable tool, it’s rather limited in its applications. To usemost phone books, you must know at least the last name ofthe person you wish to look up. Some printed phone bookshave begun providing a phone number reverse directorysection, but these are still the exception. You can use a com-parable computer phone listing if you know a person’s name,address, or phone number. A computerized phone listing canbe organized and reorganized—almost instantly—by any field(last name, street address, city, state, zip code, telephonenumber). Computer databases have distinct advantages overprinted publications in terms of the quantity of informationthey can hold and the potential for combining informationtypes—that is, the manipulation of data.

Just as personal computers have exploded on the scene, sotoo have database services. Commercial database services are available for virtually every subject area, and they’researchable according to almost any detail. Such services canbe purchased directly through the information vendor orthrough third- and fourth-party providers such as a gatewayservice or an information broker. With the arrival of read-onlymemory compact discs (called CD-ROMs), it’s possible to havea set of discs holding more than 90 million telephone listingsavailable for searching on your desktop computer.

Field Investigation

As an information resource, field investigation and observa-tion are invaluable (Figure 11). Field investigation meansgoing where events happened, where witnesses are, or whereevidence might be. It means going to the scene of the crimeor accident, even long after the event. Understanding thephysical setting and the potential interaction of movable and immovable objects is always useful for an investigator.Sometimes it involves taking still photographs from allangles, videotaping the area, or preparing diagrams.



To find out where evidence or witnesses are or might be is asignificant purpose of field investigations. If you’re trying tolocate a person, a visit to a particular area might reveal avehicle whose registration information you can check. Some-times inspecting a site opens opportunities to see a person orobject of critical importance.

Field investigation should always be considered as a possibil-ity. Still, not all investigations will allow for field work due topractical limitations—you can’t always run off to anotherstate just to check something out. Most clients don’t wish topay for such service.

PeopleIn a sense, people can be the most useful—and the mostdangerous—investigative resources. Many people are willingto provide information about anything, whether they knowanything or not. It’s the investigator’s job to find the peoplewho have meaningful information.

FIGURE 11—Field investigationis an invaluable investigativetool.

Calls to a business office by a skilled investigator can yieldvaluable information without revealing the investigation.Current or former neighbors, business associates, friends, orspouses can provide facts and details available nowhere else.On the other hand, those same people may provide little orno information, may immediately tip off the subject of aninvestigation, or even provide false information to throw offthe investigation. So be careful in approaching actual orpotential witnesses. Open contacts, as opposed to sub rosa orclandestine contacts, will be discussed more fully in a laterunit.

The types of people resources are as diverse as the humanrace. Some neighbors pay no attention to those around them;others know whenever a neighbor has a visitor, leaves thehouse, or takes out the trash. Ex-spouses are often consid-ered as adverse sources of information; yet some are friendlywith their ex-mates or have a vested financial interest, suchas alimony or child support payments. Even if you make ananonymous approach by telephone, think it through carefullyfirst.

Before learning about using the resources outlined here, takesome time to complete Self-Check 1.



Self-Check 1

At the end of each section of Sources of Information, you’ll be asked to pause and checkyour understanding of what you’ve just read by completing a “Self-Check” exercise.Answering these questions will help you review what you’ve studied so far. Please completeSelf-Check 1 now.

1. Name the six general classifications of investigative information resources.

__________________________________________________________________________

__________________________________________________________________________

2. True or False? The (FOIA) Freedom of Information Act applies to state and localgovernments.

3. The two types of business organizations that shield their owners from liability beyondtheir investment are the _______ and _______.

4. In what two instances can an investigator inspect private records?

__________________________________________________________________________

__________________________________________________________________________

5. A _______ directory is arranged according to both addresses and telephone numbers.

6. True or False? Field investigation includes both contacting individuals and siteinspections.

7. True or False? Every person is a worthwhile source of information for every case.

Check your answers with those on page 81.

UNDERSTANDING PUBLIC ANDPRIVATE RECORDS

Definition of Public Records

The strict definition of public records is as follows:

Those records maintained by government agencies thatare open without restriction to public inspection, either by statute or by tradition.

If access to a record that’s held by a government agency isrestricted in some way, then it’s not a public record. Addingto the mystique of government records is differences in acces-sibility. For example, in some states a specific category ofrecords may be severely restricted, and therefore thoserecords aren’t “public,” while in other states the very samecategory of records is 100% open. Among these categories arecriminal histories, vehicle ownership records, and worker’scompensation records.

Remember: Just because records are maintained in a certain

way in your state or county, don’t assume that any other

county or state does things the same way you’re used to.

Searching Public Records

Most investigators use information from public records insome manner. Since public records must be kept, they’replentiful, and they usually can be accessed without alertingthe subject. Motor vehicle data, whether for driver’s licensesor vehicle ownership, is frequently used. Court records are amajor resource, as are recorded transactions. However, each


A significant portion of the following part of this section hasbeen adapted from The Sourcebook to Public Record Information,published by BRB Publications. It was written by Mike Sankey.Mr. Sankey, the founder and CEO of BRB Publications, hasgraciously allowed us to edit the text and incorporate it into thissection to give you a better understanding of public records.


source yields different information. Successful investigators—ones who get the best results—know how to work eachresource. As with any other tool, you must learn how to workthe tool. Don’t let the tool work you.

The following discussion covers major types of public recordsand the facts that can be gleaned from them.

Public, Private, and Personal

Before reading further, let’s define the types of records held by government or by private industry. The boundariesbetween public and private information aren’t well understood,and continually undergo intense scrutiny. The following is anintroduction to the subject from a viewpoint of a professionalrecord searcher.

Public Records

Public records are records of incidents or actions filed orrecorded with a government agency for the purpose of notify-ing others—the “public”—about the matter. The deed to yourhouse, recorded at the county recorder’s office, is a publicrecord—it’s a legal requirement that you record with thecounty recorder. Anyone requiring details about your propertymay review or copy the documents.

Public Information

Your telephone listing in the phone book is public information;

that is, you freely furnished the information to ease the flowof commercial and private communications. If you’re unlisted,then your phone number isn’t public information.

Personal Information

Any information about a person or business that the personor business might consider private and confidential innature, such as your Social Security number, is personal

information. Such information will remain private to a limitedextent unless it’s disclosed to some outside entity that couldmake it public. Personal information may be found in eitherpublic records or in public information.

Because of the rise in identity theft, personal information isbecoming more closely guarded. For example, whereas somestates once used people’s SSNs on their drivers’ licenses,they’re now using unique numbers to prevent a thief whosteals a wallet from learning the victim’s SSN.

How Personal Information Enters the Public Domain

Many people confuse the three categories above, lump theminto one and wonder how “Big Brother” accumulated somuch information about them. Therefore, these distinctionsare important. The reality is that much of this information isgiven willingly.

Actually, there are two ways that personal information canenter the public domain—statutory and voluntary. In avoluntary transaction, you share personal information of yourown free will for personal or business reasons. For example,your doctor may require you to provide your SSN, or you maygive your address and credit card number to a retail catalog.In a statutory transaction, you disclose personal informationbecause the law requires you to. For example, you must giveyour address to the Department of Motor Vehicles to get adriver’s license.

The confusion of terms used today feeds the increasingconflict between privacy advocates and commercial interests.This, in turn, is driving legislation towards more and morerestrictions on the dissemination of personal information—the same personal information that, in fact, is willinglyshared by most people and companies in order to participatein our market economy.

Where Public Records are Held

There are two main places you can find public records:

1. At a government agency

2. Within the database of a private company

Government agencies maintain records in a variety of ways.While many state agencies, and those highly populatedcounties, are computerized, many others use microfiche,microfilm, and paper to store files and indexes. Agencies that



have converted to computer won’t necessarily place completefile records on their system; they’re more apt to include onlyan index, pointer, or summary data to the files.

Private enterprises develop their databases in one of twoways:

• They buy the records in bulk from government agencies.

• They send personnel to the agencies and compile thisinformation by using a copy machine or keying informa-tion into a laptop computer.

Once compiled, the database is then available for internaluse or for resale purposes. One company may maintain avery comprehensive database of civil judgments, tax liens,Uniform Commercial Code filings, and bankruptcy datagathered from the Mid-Atlantic States, while other companiesspecialize in records from other areas.

Common Public Records Access Methods

The following is a look at the various methods available toaccess public records.

Visit in Person

Visiting the location where public records are stored is easy ifyou live close by. Many courthouses and recorders’ officeshave free access terminals open to the public. Certain records,such as corporate or UCC records generally found at the sec-retary of state, can be viewed or pulled for free but will incura fee for copies. A signed release is a common requirementfor accessing motor vehicle and criminal records.

Mail, Fax, or Telephone

Although some agencies permit phone or fax requests, themajority of agencies prefer requests by mail. Some agenciesconsider fax requesting to be an expedited service that incurs

higher fees. Agencies that permit telephone requests maymerely answer “Yes” or “No” to questions such as “Does JohnDoe have a civil court case in his name?”

Online

Going online, that is, connecting your computer to a computeror computers off premises, is the technology behind theInternet. However, there’s more to online than the Internet.There are still many services that allow users to dial straightin by phone, without using the Internet at all. The Internetmay be a free means to certain agency records, or it may bethe conduit to a subscription or commercial site. This methodof commercial online access is much more prevalent at thestate level than at the county level. Many agencies, such asdepartments of motor vehicles, make their information avail-able only to preapproved, high-volume, ongoing accountswho, in turn, make it available for a fee to individual users.

Certain agencies post public record data on the Internet forfree. Two examples are secretary of state offices (whoserecords include corporation, UCC, and tax liens) and county/city tax assessor offices (whose records reveal property owner-ship). Usually this information is limited to name indexes andsummary data, rather than document images. In addition, agrowing number of state licensing boards are posting theirmembership lists on the Internet (although addresses andphone numbers of the licensed individuals typically aren’tlisted). It’s possible to search these listings to find out if acertain professional has been the subject of complaints ordisciplinary actions.

Also, the Internet is a good place to find general informationabout government agencies. Many Web sites enable one todownload, read, or print current forms, policies, and regulations.


NETR Online Real Estate Information & Public Records Researchis a good place to find public records on the Web. It’s an infor-mation portal to official state Web sites, and provides contactinformation for states that don’t have their records availableonline. Go to http://www.netronline.com/public_records.htm.


The availability of online public records isn’t as widespreadas one might think. According to some research, only 20% ofpublic records can be found online. Most of the county agen-cies offering online access are recorders’ offices and taxassessors (Figure 12). At the state level, UCC filing and corporation and business ownership records are frequentlyfound online. However, you won’t find an abundance of crimi-nal and civil court records (except at the federal court level)unless you subscribe to a specialized online legal service likeWestlaw or Lexis-Nexis. These services are expensive, andsome searches can’t be conducted except by lawyers.

A strong word of caution—many government online sourcesshouldn’t be used as the sole search for due-diligence needs,such as compliance with the Fair Credit Reporting Act. Manygovernment Web sites offering online record access include awarning or disclosure statement that the data can haveerrors and should be used for informational purposes only.

Keep in mind the more than 200 private companies offeringonline access to their proprietary databases of public recordsinformation. These companies present many records thatmay not otherwise be found online via the government onlinesources.

FIGURE 12—Real estate ownership information can often be found online.


Hire Someone Else

As mentioned previously, one method to access public recordsis from a vendor. These companies must comply with stateand federal laws, so if the government agency won’t a releasea record, chances are a vendor company won’t either. Thereare a variety of types of companies that can be hired to perform record searches.

Fees, Charges, and Usage

Public records aren’t necessarily free of charge; certainly notif they’re maintained by a private company. Remember thatpublic records are records of incidents or transactions. Theseincidents can be civil or criminal court actions, recordings,filings, or occurrences such as speeding tickets or accidents.It costs money (time, salaries, supplies, etc.) to record andtrack these events. Common charges found at the govern-ment level include copy fees (to make copies of the document),search fees (for clerical personnel to search for the record),and certification fees (to certify a document as being accurateand coming from the particular agency). Fees can vary from$.10 per page for copies to a $25 search fee for governmentpersonnel to do the actual look-up. Some government agen-cies will allow you to walk in and view records at no charge.Fewer will release information over the phone for no fee.

If a private enterprise is in the business of maintaining apublic records database, it generally does so to offer theserecords for resale. Typical clients include financial institu-tions, the legal industry, the insurance industry, and pre-employment screening firms, among others. Usually,records are sold via online access or on a CD-ROM. Somevendors, especially smaller ones, still provide information byphone to subscribers.

There are a number of public records search firms—companiesthat will do a name search—for a fee. These companies don’twarehouse records, but instead search on demand for aspecific name. Some of these companies refer to themselvesas private investigators, but selling the results of searchesisn’t the same as investigation.

30


Private companies usually offer different price levels based onvolume of usage, while government agencies have one priceper category, regardless of the number of requests.

Before you go on to the next section, take time to completeSelf-Check 2.


Self-Check 2

1. Define public records.

__________________________________________________________________________

2. Is the deed to a house that’s recorded with the county recorder private or publicinformation?

__________________________________________________________________________

3. What are the two main ways information enters the public domain?

__________________________________________________________________________

4. Where are the two main places public records can be found?

__________________________________________________________________________

5. Why is it the information from many agencies like DMVs is available to individual privateinvestigators only through private information vendors?

__________________________________________________________________________

6. True or False? All public records can be obtained free of charge.

7. True or False? All records held by private companies are private records.



CATEGORIES OF PUBLICRECORDS AND INFORMATION

The following descriptions fall into our definitions of either“public records” or “public information.” In considering thesedefinitions, keep the following points in mind:

• Very little government record information is truly open tothe public.

• Even presumably harmless information is subject torestrictions somewhere in the United States. Likewise,items that you believe should be highly confidential areprobably considered “public information” in one or morestates.

• Just because your state or county has certain rules,regulations, and practices regarding the accessibility andcontent of public records doesn’t mean that any otherstate or county follows the same rules.

Business Records

Corporation Records

Checking to see if a company is incorporated is considered astatus check. The information that results from a statuscheck typically includes the date of incorporation, status,type, registered agent, and, sometimes, officers or directors(Figure 13). This is a good way to find the start of a papertrail or to find affiliates of the subject of your search. Somestates permit status checks over the telephone.

If available, articles of incorporation (or amendments to them)as well as copies of annual reports may also provide usefulinformation about a business or business owner. However,corporate records may not be a good source for a businessaddress, because most states allow corporations to use aregistered agent as their address for service of process.

Partnership Records

Some state statutes require registration of certain kinds ofpartnerships. Sometimes, the names and addresses of part-ners may be available from the same office that handlescorporate records. Some states have a department createdspecifically to administer limited partnerships and therecords associated with them. These filings provide a wealthof information about other partners. Such information can be used to uncover other businesses that may be registeredas well.

Limited Liability Companies

A newer form of business entity that’s similar to a corporationbut has the favorable tax characteristics of a partnership, isknown as the limited liability company (LLC). An LLC is legalin most every state. An offspring of this, which many statesnow permit, is the limited liability partnership (LLP).


FIGURE 13—Status Check of a Corporation


Trademark and Trade Name

What’s a trademark or service mark? A trademark is a word,name, symbol, or device which is used in trade with goods toindicate the source of the goods and to distinguish them fromthe goods of others. A service mark is the same as a trademarkexcept that it identifies and distinguishes the source of aservice rather than a product. The terms “trademark” and“mark” are commonly used to refer to both trademarks andservice marks.

Trademark rights may be used to prevent others from using a confusingly similar mark but not to prevent others frommaking the same goods or from selling the same goods orservices under a clearly different mark. For example, Coca-Cola could successfully prevent another company frommarketing a drink called Coco-Cola, but can’t prevent Pepsifrom marketing Pepsi-Cola. Trademarks used in interstate orforeign commerce may be registered with the Federal Patentand Trademark Office. The registration procedure for trade-marks and general information concerning trademarks isdescribed in a booklet entitled Basic Facts about Trademarks,

available from the federal government.

Trademarks and trade names may be referred to at the stateor local level as fictitious names, assumed names, or D/B/As.States (or counties) won’t let two entities register and use thesame (or similar) name or trademark.

Typically, the agency that oversees corporation records at thestate level usually maintains the files for trademarks andtrade names. Most states will allow verbal status checks ofnames or worded marks. Some states will administer “fictitious names” at the state level while county agenciesadminister “trade names,” or vice versa.

Sales Tax Registrations

Any individual or firm that sells goods or services that aresubject to tax is required to register with the appropriatestate agency. Such registration is necessary to collect appli-cable sales tax on the goods and services, and to ensureremittance of those taxes to the state.

Each sales tax registrant is given a special state tax permitnumber, which may be called by various names, includingtax ID number or seller’s permit number. These numbersaren’t to be confused with the federal employer identificationnumber. There are 45 states that collect some sort of salestax on a variety of goods and services. Of these, 38 will at thevery least confirm that a tax permit exists.

Other Financial Data

Companies that sell shares of stock (essentially, small owner-ship interests in the business) to investors are called publicly

held companies because their stock is available for purchaseby the public. These companies are required to share materialfacts about the business with existing and prospective stock-holders. The federal Securities and Exchange Commission (SEC)

is the public repository for information about publicly heldcompanies. The SEC database, called EDGAR, is available toanyone online at http://www.sec.gov/edgar.shtml.

Private companies, on the other hand, aren’t subject topublic scrutiny. Their financial information is public informa-tion only to the extent that the company itself decides todisclose it.

Lien and Security Interest Records

Uniform Commercial Code

All 50 states and the District of Columbia have passed aversion of the model Uniform Commercial Code (UCC). UCCfilings are used to record liens in financing transactions suchas equipment loans, leases, inventory loans, and accountsreceivable financing. The UCC allows potential lenders to benotified that certain assets of a debtor are already used tosecure a loan or lease. (This prevents the same $100,000building from being used as security for $400,000 of loans,for example.) Every professional private investigator needs tounderstand the UCC system and know how to obtain infor-mation from it. Examining UCC filings is an excellent way tofind bank accounts, security interests, and assets.


A lien is a legal claimagainst an asset that’sused to secure a loan. If the borrower doesn’tpay off the loan, thelienholder gets to sellthe property to recoupthe loan amount.


Prior to July 2001, of the 7.5 million new UCC financingstatements filed annually, 2.5 million were filed at the statelevel and 5 million were filed at the local level. Now, less than3% of filings are done at the local level. Although there aresignificant variations among state statutes, the state level isusually a good starting place to uncover liens filed against anindividual or business.

Tax Liens

The federal government and every state have some sort oftaxes, such as those associated with sales, income, unemploy-ment, and personal property. When these taxes go unpaid,the appropriate state agency can file a lien on the real orpersonal property of the subject. Normally, the state agencythat maintains UCC records also maintains tax liens.

Tax liens filed against individuals are frequently maintainedat separate locations from those liens filed against businesses.For example, a large number of states require liens filedagainst businesses to be filed at a central state location (i.e.,the secretary of state’s office) and liens against individuals tobe filed at the county level (i.e., recorder, register of deeds,clerk of court).

Liens on a company may not all be filed in the same location.A federal tax lien won’t necessarily be filed at the samelocation as a lien filed by the state. This holds true for bothindividual liens and business liens filed against personalproperty. Typically, state tax liens on personal property willbe found where UCCs are filed. Tax liens on real property willbe found where real property deeds are recorded, with fewexceptions. Unsatisfied state and federal tax liens may berenewed if prescribed by individual state statutes. However,once satisfied, how long the record will remain in the reposi-tory before it’s removed varies by jurisdiction.

Real property is landand buildings; personalproperty is items likecars, TVs, clothing, andpretty much everythingthat isn’t land and landfixtures.

Real Estate and Tax Assessor Records

Traditionally, real estate records are public so that everyonecan know who owns what property. Liens on real estate mustbe public so a buyer knows all the facts (a buyer of realestate subject to a lien may have to pay the debt or risk losingthe property). The county (or parish) recorder’s office is thesource of these records. However, many private companiespurchase entire county record databases and create theirown database for commercial purposes.

This category of public record is perhaps the fastest-growingcategory to be freely accessible over the Internet (Figure 14).Directories such as those published by BRB Publicationsindicate the recorder offices that offer Web-based namequeries and/or location searches (using maps and parcelnumbers to locate an address).

Bankruptcies

Bankruptcy is a proceeding in which an insolvent debtor’sassets are liquidated (sold off) and the debtor is relieved offurther liability for his or her debts. Only federal courts


FIGURE 14—An Example of Property Tax Records Accessible on the Internet


handle bankruptcy cases. Many types of financial recordsmaintained by government agencies are considered publicrecords; bankruptcy records, unlike some other courtrecords, are in this class of fully open court records. Thereare several private companies that compile databases of caseinformation about people and businesses that have filed forprotection under U.S. bankruptcy laws. Bankruptcy recordsare one of the most public categories of records in the UnitedStates.

Important Individual Records

Criminal Records

Every state has a central repository of major misdemeanorand felony arrest records and convictions. Not all states opentheir criminal records to the public. Of those states that willrelease records to the public, many require fingerprints orsigned release forms. The information that could be disclosedon the report includes the arrest record, criminal charges,fines, sentencing, and incarceration information.

In states where records aren’t released, the best places tosearch for criminal record activity is at the city or countylevel with the county or district court clerk. Many of thesesearches can be done with a phone call.

Litigation and Civil Judgments

Records of legal actions brought under federal laws are found at U.S. District Courts. Actions under state laws arefound within the state court system at the county level.Municipalities also have courts. Records of civil litigationcases and records about judgments are often collected bycommercial database vendors.

Motor Vehicle Records

The retrieval industry often refers to driving records as“MVRs.” Typical information on an MVR might include fullname, address, Social Security number, physical description,

and date of birth, along with any conviction and accidenthistory. Also, the license type, restrictions, and endorsementscan provide background data on an individual.

In recent years, there have been major changes regarding therelease of motor vehicle data to the public. This is a directresult of the Driver’s Privacy Protection Act (DPPA). Statesmust differentiate between permissible users (14 are desig-nated in the DPPA) and casual requesters to determine whomay receive a record and how much personal informationmay be reported. For example, if a state DMV sells a recordto a “casual requester,” the record can contain personalinformation (address, etc.) only with the consent of the subject.

The original language of DPPA required the states to offer an“opt-out” option to drivers and vehicle owners, if they (thestates) sold marketing lists or individual records to casualrequesters (those requesters not specifically mentioned inDPPA). Public Law 106-69 reversed this. Effective June 1,2000, states automatically opt-out all individuals, unless the individual specifically asks to be included. While nearlyall states have this “opt-in” procedure in place, very fewindividuals request to be placed on marketing lists.

Passage of Public Law 106-69 was dramatic, since itessentially did away with sales of

• Marketing lists

• Records (with addresses and other personal information)to “casual” requesters

• Record databases to information vendors and databasecompilers (except for vehicle recall purposes, etc.)

Other Vehicle and Vessel Records

Ownership, registration, VINs, titles, and liens concerningnon-motor vehicles, such as trailers and vessels (boats), areall possible sources of leads when working an investigation.State repositories of vehicle/vessel registration and owner-ship records hold a wide range of information. Generally,record requesters submit a name to uncover vehicle(s) owned



or submit vehicle information to obtain an owner’s name andaddress. However, this category of record information is alsosubject to the DPPA as described above.

Accident Reports

The state police or department of public safety usuallymaintains accident reports (Figure 15). In some jurisdictions,municipalities or counties might maintain records separatefrom the state. For the purposes of this chapter, “accidentrecords” are designated as those prepared by the investigatingofficer. Copies of a citizen’s accident report aren’t usuallyavailable to the public, but should be remembered as apotential source of additional information.

Typical information found on a state accident report includesthe drivers’ addresses and license numbers as well as adescription of the incident. Accidents investigated by localofficials or minor accidents where the damage doesn’t exceeda reporting limit (such as $1,000) aren’t available from stateagencies. When state DMVs hold accident reports, they followthe DPPA guidelines with regard to record requests.

FIGURE 15—An accidentreport will be written andkept whenever there’s amotor vehicle accident.

GED Records

The GED test qualifies people for a high school equivalency

diploma—that is, they can get a high school diploma withouttaking all the required classes. By contacting the state officesthat oversee GED records, one can verify whether someonetruly received a GED certificate. These records are useful forpreemployment screening or background checking purposes.Most state agencies will verify over the phone the existence ofa GED certificate. Many even offer copies of transcripts freeof charge. When doing a record search, you must know thename of the student at the time of the test and a general ideaof the year and test location. GED records aren’t useful whentrying to locate an individual.

Hunting and Fishing Licenses

We’ve singled out one type of state license that merits a closerlook. When trying to locate an individual, state hunting andfishing license records can be very informative. Currently 44states maintain a central repository of fishing and/or huntinglicense records, and 31 states permit access in some capacityby the public. Although some of these record repositories areliterally in boxes in the basement, more and more are becom-ing computerized.

Workers’ Compensation Records

Research at state workers’ compensation boards is generallylimited to determining if an employee has filed a claim andobtaining copies of the claim records themselves. With thepassage of the Americans with Disabilities Act (ADA) in theearly 1990s, using information from workers’ compensationboards for preemployment screening was virtually eliminated.However, a review of workers’ compensation histories may beconducted after a conditional job offer has been made andwhen medical information is reviewed. The legality of per-forming this review is subject to individual state statutes,which vary widely.



Voter Registration

Voting registration records are a good place to find addressesand voting history (that is, when and where a person voted,not how he or she voted), and can generally be viewed at thelocal level.

Every state has a central election agency or commission, andmost have a central repository of voter information collectedfrom the county level agencies. The level of accessibility tothese records varies widely from state to state. Over half ofthe states will sell portions of the registered voter database,but only 10 states permit individual searching by name. Thisis a case where a private public records vendor might have apublic record not obtainable directly from the state by aprivate investigator. Most states allow access only for politicalpurposes such as “get out the vote” campaigns or compilationof campaign contribution lists. Nearly every state and localagency blocks the release of Social Security numbers andtelephone numbers found on these records.

Vital Records

Vital records are records about people’s lives, and includebirth, death, marriage, and divorce records (Figure 16).Copies of vital record certificates are needed for a variety ofreasons—Social Security, jobs, passports, family history,litigation, lost heir searching, proof of identity, etc. Moststates understand the urgency of these requests, and manyoffer an expedited service. A number of states will takerequests over the phone if you use a credit card. Searchersmust also be aware that in many instances certain vitalrecords aren’t kept at the state level. The searcher must thenturn to city and county record repositories to find the infor-mation needed.

Most states offer expedited fax ordering, requiring the use of a credit card, through the services of an outside vendorknown as VitalChek. This independent company maintainsindividual fax order telephone lines at each state office theyservice. Whether it’s behind the scenes or not, ordering vital

records by fax typically involves VitalChek in some manner.Their Web site, http://www.vitalchek.com/, is also a goodplace to order vital records online from many states (resultsare still mailed).

Older vital records are usually found in the state archives.There’s an excellent Web site of extensive historical genealogy-related databases at http://ancestry.com/mainv.htm.Another source of historical vital record information is theFamily History Library of the Church of Jesus Christ ofLatter Day Saints (located at 35 North West Temple, SaltLake City, UT 84150). They have millions of microfilmedrecords from church and civil registers from all over theworld.

Social Security Numbers

The Social Security number (SSN) is the subject of a persistentstruggle between privacy rights groups and various businessinterests. Since knowing a person’s SSN can open a lot ofwindows into his or her life, leaving the person vulnerable toidentity theft, privacy groups are trying to limit the number’suse for non–Social Security related purposes. The truth isthat many individuals gave up the privacy of their number bywriting it on a voter registration form, product registrationform, or any of a myriad of other voluntary (or semivoluntary)disclosures made over the years. Some people even have itprinted on their checks.


FIGURE 16—Vital recordsrecord information about aperson’s life and death, andevery major event inbetween.


It’s probable that a good researcher can still legally find theSSN of anyone (along with at least an approximate birth date)with some ease. In the past, a major source for finding a SSNwas in the “header” of a credit report, but as time passes,fewer and fewer credit headers will be available. Credit headerscan no longer be obtained from the credit bureaus without apermissible use.

Credit Information

Credit data is derived from financial transactions of people orbusinesses. Private companies maintain this information,while the government regulates access to it. Certain creditinformation about individuals is restricted by laws like theFair Credit Reporting Act at the federal level, and even morerestrictive laws in many states. Credit information aboutbusinesses isn’t restricted by law. It’s fully open to anyonewho requests (and pays for) it.

A credit report essentially has two parts—the credit headerand the credit history. A credit header is essentially the upperportion of a credit report containing the Social Security num-ber, age, phone number, last several addresses, and anyAKAs (nicknames or aliases used for financial transactions).Recently, access to credit header information has been closedto most business entities. The credit history is the history ofthe person’s access to and repayment of credit—credit cards,loans, late payments, etc.

July 1, 2001, was an important date for private investigators,skiptracers, fraud investigators, and other businesses thatfrequently relied on credit headers. This information hadalways been available without the consent of the subjectindividual. Because of a federal court ruling, beginning onJuly 1, 2001, access to credit header information was treatedin the same manner as access to credit reports, meaning theindividual has to grant permission for someone to access thatinformation.

The basis of this change is the Gramm-Leach-Bliley Act.

Section 502 of this Act prohibits a financial institution fromdisclosing nonpublic personal information about a consumerto nonaffiliated third parties, unless a consumer has electednot to opt out from disclosure. Trans Union and other

members of the Individual References Services Group, amongothers, filed suit in an effort to keep this information open for“appropriate commercial purposes.” The court’s ruling deniedthis argument. Originally, the ban was to begin in November2000. However, due to the lawsuits and action involving theFTC, a provision changed the start of the ban until July 1,2001.

The impact of the ruling (and an FTC opinion) was far-ranging.The ruling restricted credit bureaus from selling the above-mentioned data to information vendors, who compile theirown proprietary databases. But there are some alternatives tothose business entities that rely on this type of information.The data is grandfathered, meaning provider companies thatpurchased files from the credit bureaus before the changecan continue to sell the data to their customers. Althoughdata will no longer be updated from the credit bureaus, theexisting data can still be used without the restrictionsimposed by the ruling. As time goes by, though, the databecomes more out of date and therefore less useful.

The Gramm-Leach-Bliley Act didn’t deny access to publicrecord sources or databases that may contain age, SSN,phone, prior addresses, and AKAs. The Act only forbidsfinancial institutions from disclosing this data. Therefore,those businesses that were shut off from accessing creditheaders had to investigate alternative sources of theserecords. There are over 150 private companies in the UnitedStates that maintain a proprietary database of public records.

Before you go on to the next section, take time to completeSelf-Check 3.



Self-Check 3

Indicate whether the following statements are True or False.

______ 1. Items you believe should be highly confidential are never considered publicrecords.

______ 2. Once you know that private records exist, it’s always easy to gain access to them.

______ 3. The records of real estate transactions are a good example of public records.

______ 4. Credit headers are available even when a credit report can’t be obtained.


USING A PUBLIC RECORD VENDOR

Even the best private investigators can’t know everythingabout every information source. The most effective use ofyour time and the client’s money is sometimes to hire some-one else to find needed information. There are five main categories of public record professionals:

• Distributors and gateways

• Search firms

• Local document retrievers

• Investigative firms

• Information brokers

Distributors and Gateways (ProprietaryDatabase Vendors)

Distributors are automated public record firms that combinepublic sources of bulk data and online access to develop theirown database products. Primary distributors include compa-nies that collect or buy public record information from itsoriginal source and reformat the information in some usefulway. They tend to focus on one or a limited number of typesof information, although a few firms have branched into multiple information categories.

Gateways are companies that either compile data from orprovide an automated gateway to primary distributors.Gateways thus provide “one-stop shopping” for multiple geographic areas and/or categories of information.

Companies can be both primary distributors and gateways.For example, a number of online database companies areboth primary distributors of corporate information and alsogateways to real estate information from other primary distributors.



Search Firms

Search firms are companies that furnish public record searchand document retrieval services through outside online serv-ices or a network of specialists, including their own employeesor correspondents (see retrievers, below). There are threetypes of search firms: search generalists, search specialists,and application specialists.

Search generalists offer a full range of search capabilities inmany public record categories over a wide geographic region.They may rely on gateways, primary distributors, or networksof retrievers. They combine online proficiency with documentretrieval expertise.

Search specialists focus either on one geographic region—likeOhio—or on one specific type of public record information—like driver/vehicle records.

Application specialists focus on one or two types of servicesgeared to specific needs. In this category are preemploymentscreening firms and tenant screening firms. Like investigators,they search many of the public record categories to preparean overall report about a person or business.

Local Document Retrievers

Local document retrievers use their own personnel to searchspecific requested categories of public records, usually toobtain documentation for legal compliance (e.g., incorpora-tions), for lending, and for litigation. They don’t usuallyinterpret the results or issue reports in the sense thatinvestigators do, but rather return documents with theresults of searches. They tend to be localized, but there arecompanies that offer a national network of retrievers andcorrespondents. The retriever goes directly to the agency tolook up the information. A retriever may be relied upon forstrong knowledge in a local area, whereas a search generalisthas a breadth of knowledge and experience in a wider geo-graphic range.

Other Private Investigation Firms

It isn’t unusual for private investigators to hire other privateinvestigators to find specific information. Investigators usepublic records as tools rather than as ends in themselves, tocreate an overall, comprehensive “picture” of an individual orcompany for a particular purpose. They interpret the infor-mation they’ve gathered to identify further investigationtracks. They summarize their results in a report compiledfrom all the sources used.

Information Brokers

There’s one additional type of firm that occasionally utilizespublic records. Information brokers gather information thatwill help their clients make informed business decisions.Their work is usually done on a custom basis, with eachproject being unique. Information brokers are extremelyknowledgeable in online research of full-text databases; most specialize in a particular subject area, such as patentsearching or competitive intelligence. The Association of Independent Information Professionals (AIIP), athttp://www.aiip.org, has over 700 experienced professionalinformation specialist members from 21 countries.

Selecting the Best Vendor for Your Needs

Before hiring an information vendor, professional privateinvestigators ask themselves the following questions.

• What’s the frequency of use? If you have ongoing, recur-ring requests for a particular type of information, it’sprobably best to choose a different vendor than if youhave infrequent requests. Setting up an account with aprimary distributor, such as LEXIS or Westlaw, will giveyou a low cost per search. However, the monthly mini-mum costs will be prohibitive to the casual requester,who would be better off finding a vendor who acts as agateway to one of these vendors or can access the sameinformation more cheaply.



• What’s the complexity of the search? The importance ofhiring a vendor who understands and can interpret theinformation in the final format increases with the com-plexity of the search. Pulling a corporation record inMaryland isn’t difficult, but doing an online criminalrecord search in Maryland, where only a portion of thefelony records are online, isn’t so easy. Part of theanswer to determining which vendor or type of vendor touse is to become conversant with what is (and isn’t)available from government agencies.

• What are the geographic boundaries of the search? Asearch of local records close to you may require littleassistance, but a search of records nationally or in astate 2,000 miles away will require seeking a vendor whocovers the area you need to search.

USING INFORMATIONRESOURCES: A REVIEW

Understanding the six classifications of investigative informa-tion resources helps you to narrow the range of possiblechoices for a particular investigation. It’s like selecting a tool.If you need to cut a piece of wood, for example, you don’ttake just any tool; you choose a saw. If you know the specifictype of saw to use for the job, your sawing will be much easier.It’s the same in conducting an investigation. When you’relooking for certain information, you should consider everyinformation resource—but you don’t have to use every one.Knowing how to use investigative information resources is thekey to deciding which investigative tools are best for the taskat hand.

Motor Vehicle Records

Most adults hold a driver’s license at some time in their lives.So driver’s licenses are useful sources that you should checkearly in an investigation. A driver’s license check typicallyprovides the full name of the subject, license number, issueand expiration dates of the license, a physical description of

the person, the type of license (such as truck, motorcycle, or car), restrictions (such as eyeglasses), and citations formoving violations. Most states provide a physical or mailingaddress, but some states won’t release such information.

Following up on citations can be fruitful (Figure 17). If youdetermine the court jurisdiction in which a ticket was issued,you can then check the court file for a copy of the citation,which often contains additional information on the subject.For example, as an aid to collecting ticket fines, authoritiesoften record a place of business or employment, home andwork telephone numbers, and sometimes a Social Securitynumber. If the ticket information includes the license platenumber of the subject’s vehicle, you can follow up on thatinformation to identify other personal vehicles or perhaps awork vehicle.


FIGURE 17—A lot of infor-mation is collected when aperson gets a traffic ticket.


Vehicle registration records—that is, records that identifyvehicles and ownership of vehicles—are also valuable toinvestigators. A vehicle is easier to spot than a person. Acareful investigator may prowl through a parking lot or aresidential area to locate a vehicle, which can then lead tothe location of its owner. Car ownership can also be a helpfulindicator of a lifestyle. Someone who drives a luxury car iseither wealthy or pretending to be wealthy.

Vehicle records usually show an acquisition date linked to atitle number, and whether a lien is applied against the title.As with drivers’ records, some states provide physical ormailing addresses while others don’t. Another possible pieceof information you might find in vehicle records is the identi-fication of a spouse or other co-owner, or an associatedbusiness name—i.e., John Wilson, d/b/a (doing business as) Wilson’s Wonderful Landscaping Service. Besides cars,motorcycles, and trucks, motor vehicle data may also includetrailers and mobile homes.

Court Records

The best thing about court records is that someone else hasdone the work and you, as a diligent investigator, can scoopup the results. Sometimes, the subject of your investigationdoes the work and it sits in a court file, on a silver platter!Knowing which court records to check, and how to interpretthem, can dramatically affect investigative findings.

Federal courts cover large areas. One federal district court,for instance, may have jurisdiction over an entire state. Thetypes of cases brought before federal courts, though, arelimited. Typical are interstate commercial disputes, federalfelony offenses, civil rights matters, and litigation concerningfederal regulatory activities. Domestic relations, divorce, pro-bate, and average fender-bender accident cases aren’t tried infederal court, nor are criminal matters not involving federaloffenses.

Bear in mind that any type of case—federal, state, or local—can rise to a federal appeals court (circuit court) on issues oflaw or constitutionality (as opposed to issues of fact, whichare resolved at trial). A defendant can appeal a conviction to

Federal district courtsare the trial-levelcourts in the federalcourt system. Circuitcourts are the appealscourts and usuallyhave jurisdiction overmore than one state.

a higher court by asserting that the judge made a mistake oflaw or that the defendant’s constitutional rights were violatedat some point during the proceedings. The court system is afilter that handles routine and simple matters at the lower,local levels and provides for more complex issues of law topercolate up through the system.

Federal bankruptcy courts, which also operate within federaldistricts, are a separate branch of the federal judiciary. Abankruptcy filing may be voluntary or involuntary. In aninvoluntary bankruptcy, a creditor or group of creditors bringsthe action to preserve a debtor’s assets for distributionamong them. A voluntary bankruptcy is initiated by thedebtor. Regardless, once a bankruptcy petition is acceptedand a trustee appointed, control of the assets and liabilitiesshifts from the debtor to the trustee.

Bankruptcy actions are a treasure trove of detailed informa-tion on assets and liabilities, and often reflect interests andactivities not available elsewhere. The schedules (lists) ofassets and liabilities that must be filed by the debtor containinformation such as full names, spouse’s name, SocialSecurity numbers, business names, business tax identifica-tion numbers, addresses, the location and value of assets,credit accounts and debts, and recent asset transfers. Eventhough bankruptcy filings are submitted under oath, however,don’t assume that they’re complete and correct.

State courts, known as district or superior courts (except inNew York, where they’re known as supreme courts), operateat the county or district levels. They’re the basic trial courtsfor the states. To these tribunals come the widest range of civil, criminal, probate, family law, and tax cases. It’s atthe state court level that you’ll find the most detailed information.

Local courts, including justices of the peace and city andmunicipal courts, are the lowest level of the judicial system.Small-claims cases, nonfelony criminal and traffic offenses,restraining orders, and orders of protection are examples ofcases handled in local courts. Arraignments and initialappearances in felony cases may also appear on the localcourt docket before the defendant is bound over for trial at astate court.


The trustee is theperson entrusted bythe bankruptcy courtto take charge of thedebtor’s assets andhandle the distributionof funds to creditors.


Court records in local venues are limited because trials andhearings are simplified. Unlike state courts, where writtenmotions and orders reflect most actions, local courts tend tooperate at the level of oral argument. Proceedings are recordedin written case notes, called minute entries, or they’re taperecorded but not necessarily transcribed. Another limitingfactor of local courts is that they usually dispose of, or purge,

case files after only a few years. Complicating the process ofworking through local courts is the sheer number of them.There’s one state court for a county or district. However, the same area can also encompass dozens of local courts. A person’s being arrested or sued in a state court would bereflected in only one court. Then the same person could bearrested or sued in any of many other local courts in thesame geographic area.

Court records, regardless of whether they’re federal, state, orlocal, tend to contain certain common types of information.They identify the parties, often accompanied by addresses orbusiness affiliations. Pleadings—legal papers filed with thecourt to advance the case—set forth details of events developedand attested to by the parties. Affidavits of service of processdescribe when, where, and to whom legal papers weredelivered. Exhibits and depositions provide more in-depthinformation. Orders and judgments document the person who was found liable and ultimately reflect compliance ornoncompliance (if the person paid the fine, etc.).

A useful and timesaving device for reviewing court records isa litigation summary form (Figure 18). Such a form organizesthe material you gather and helps you to be consistent in theinformation you accumulate. When examining court records,you’ll find that they’re usually maintained backwards. Thatis, the most recent filing is at the top of the file. So start yourreview at the bottom. First identify the party described in thecourt record as the probable subject of your investigation.You can do this by matching the information you alreadyhave with information in the court records. Check names,spouse identification, addresses, and other identificationinformation, sometimes including handwriting. When dealingwith names, remember that many people have identical orsimilar names. (It would be embarrassing to be looking forrecords pertaining to Chris Thomas, white male, 54 years old,


FIGURE 18—Litigation Summary Form


and wind up pursuing court records for Chris Thomas, blackfemale, 25 years old, without realizing the difference!) If thenames match, look for other connections that correspond towhat you already know about the subject. Criminal cases areusually good resources for identification information becausethe police take methodical steps to properly identify thedefendant, including a full name, date of birth, SocialSecurity number, driver’s license number, address, and nextof kin.

When searching through court records, find the complaintand read through it. Sometimes a complaint is amended oneor more times to include new information and allegations.Since amended complaints replace the original complaint, besure to review all complaints. In fact, you should examine alldocuments in the case at least briefly, but documents thatcall for special attention include motions, memoranda ofpoints and authorities, motions for summary judgment, andresponses to various motions.

One big problem in litigation research is wading through thewordy swamps of legalese. It’s not uncommon for lawyers togenerate numerous claims for one incident because they tryto cover all contingencies. They allege someone caused anaccident, operated a vehicle in a reckless or negligent way,caused bodily injury and loss of income, and so on. Don’tbecome bogged down in mirroring the bad things lawyers sayabout the other side. Look to statements of other parties orstatements under oath that provide details. Of course, theverdict of the court should carry weight. Information obtainedin court records can help flesh out information you obtainfrom other sources.

Authorities (also called precedents) are previous decisions by courts of appeals that providelegal guidance to other courts. Legal briefs (written arguments) are often called points andauthorities. Thus, a lawyer makes his or her points, citing the previously decided cases asauthorities for his or her legal positions.

A motion is a formal request made to a judge for an order or judgment.

A motion for summary judgment is a written request for a court order ruling that no factualissues remain to be tried and therefore a cause of action in a complaint can be decidedwithout trial.

Recorded Transactions

Each county (or its equivalent) maintains a list of transactions,recorded to provide official public notice. The types of trans-actions range from assignments of interest to propertytransfers and notices of various types. Recorders’ officesindex transactions by grantor (the giving party) and grantee

(the receiving party), noting the recording date and assigninga recording number.

Automated recording systems are the easiest to search byparty name, because they provide an alphabetical list oftransactions. Some automated systems are unified, whichmeans you can conduct one search whether the subject isthe grantor or grantee. Others require you to make twoseparate searches—one by grantor and one by grantee.Manual, nonautomated systems still exist in many areas—mostly rural, less populated regions. These systems usedocket books, in which transactions are entered either byhand or by typewriter.

Docket recording systems are usually classified according tothe type of transactions they contain, such as deeds, deeds oftrust (and releases), financing statements (and terminations),judgments (and releases), and tax liens (and releases). Insome offices there are dockets for grantors and grantees ineach category. In such areas, you must either narrow yourresearch sharply or spend hours searching each index forboth grantors and grantees.

When searching recorded transactions, you can conduct anindex search only or a more complex search. An index is asimple listing of transactions. In-depth investigation requiresthat you examine source documents, such as specific deeds,to identify details of the transactions and to detect the direc-tion of the transaction. For example, an index might just lista property transaction between Smith and Jones. Examiningsource documents would reveal the following:

• Smith deeded a property to Jones.

• Jones promised to pay Smith $100,000, which Jonesborrowed from National Bank.



• Honest Title Company is serving as trustee to collectfunds from Jones in monthly payments, and later toreconvey the property to Jones upon satisfaction of thedeed of trust.

When examining real estate transactions, pay carefulattention to property descriptions. They’re expressed in legaldescriptions, street addresses, or parcel numbers. Manypeople are involved in multiple property transactions includingpurchases, trades, and subdividing. The property descrip-tions are crucial to tracking developments.

Sample Property Descriptions

Some property descriptions can be quite old:

A parcel of property estimation 350 acres more or less bounded as follows:Beginning at a point lying at a Great Cypress near the eastern end of the NorthBranch River and running thence northeast 1,576 feet to a tiny thicket forming theend of the aforesaid Branch, thence easterly 543 feet to the first outlet and alongthe outer Branch southerly 867 feet to the Great Swamp and along the Tar Branchwesterly 1,345 feet to the end of the Buntings Farm, thence along the said River tothe mouth thereof and thence along the bay easterly 364 feet to the first point.

An old description like the one above will usually need to be resurveyed before title can betransferred. Most newer legal descriptions will denote the property lines using lines of lati-tude and longitude, to eliminate the obvious problems that arise when a river changescourse, the neighbor’s farm is sold, or a tree marking the property boundary falls. The endpoints are usually marked with a steel rod or other marker placed in the ground.

A parcel of property encompassing 350 acres more or less bounded as follows:Beginning at a point lying at a the eastern side of County Route 3001, at 31° 27′ 9″N [latitude], 109° 36′ 43″ W [longitude] and running thence northeast 1,576 feet toa point; thence easterly 543 feet to a point; and along the State Route 84 southerly867 feet to a point; thence westerly 1,345 feet to the first point.

Property located in a city or a newer development will often be described simply with the lotor parcel number, as in the following examples. Condominiums would also have the apart-ment number in the description.

4-875-113Block 415, Lot 875Parcel 5, Map 10-2

You can purchase copies of documents from the recorder, or you can order them through a title company. Many titlecompanies provide searches of grantor-grantee indices for afee, along with copies of their findings. As a beginning inves-tigator, however, it’s a good practice to “learn the ropes” bydoing the research yourself. It will help you learn andunderstand the process.

Corporate and Business RecordsCorporate and business filings are usually not related totransactions. The focus instead is on ownership, manage-ment, and liability. These records can help you identify thenature of the business, business activity, and ownership ormanagement. Make a note of changes you discover in anyarea of a business. A new business activity may signal otherchanges in the company. New owners, officers, or directorsare also significant. Some jurisdictions require businesses tofile financial information. If you notice major changes in anyasset or liability or in the bottom line of the business, examinethis information further.

Praying for Private RecordsThere’s no standard way to legally obtain private records. Thefirst step is generally to establish the existence of suchrecords. Often, you can accomplish this by asking everyoneyou interview, “Can you think of any records you may havethat could refresh your recollection or contain the neededinformation?” Once a person has acknowledged that suchrecords exist, you must work to develop rapport (a trustingrelationship) with the person, ultimately requesting that theindividual turn the records over as a reasonable, and helpful,thing to do.

Another method of getting private records is a subpoena.Private investigators don’t have the authority to issue asubpoena; only an attorney can issue a subpoena, and thenonly in a matter before a court. At most, an investigator canrecommend one be issued. The investigator can pave the wayby giving the attorney a description of the records, what theymight reveal, and to whom the subpoena should be directed.


A subpoena is a courtorder for a witness toappear at a particulartime and place to testifyor produce documents.Failure to appear asrequired by the sub-poena can be punishedas contempt of court.


Libraries as Investigative Resources

Librarians are hired to help people (Figure 19). There areextensive and inexpensive investigative resources in librariesin your community and throughout the United States. Thevast array of published information can often be tapped witha simple question to a reference librarian, “Can you helpme?” This isn’t a flippant suggestion or an oversimplification.Libraries aren’t just lending facilities for novels, do-it-yourselfbooks, and children’s stories. They’re principally repositoriesof information and knowledge. Librarians, particularlyreference librarians, are skilled researchers and extremelyknowledgeable about reference sources. Don’t impose onthem with constant requests, but you should seek them outand take the opportunity to learn from them. They’ll behappy to show you how to use the reference materials thelibrary has, so that you’ll be able to use them without assis-tance in the future.

When an investigation involves a person or organization fromanother city or state, call a library in that city for help and askfor the reference librarian. Explain that you’re an investigatorin another city and would like to know if the library has anyspecial reference sources, such as local directories, whichmight be helpful. The results can be surprising and gratifying.

FIGURE 19—Referencelibrarians can help you learn to use the many useful resources of the public library.

Another tactic is to request a copy of any information pam-phlets the library might have on available reference sources.Most libraries prepare such guides for their patrons and arehappy to provide them. You can then tailor specific requeststo resources identified in the guide.

Database Searching

A database is a compilation of information (data) that can besearched and manipulated. Data is initially entered in fields,

which when combined with other data fields form a record. Toconduct a database search, you can request information forone or more fields that meet specified search criteria—andthe computer will do the search for you. For example, sup-pose you’re looking for records that show the names ofproperty owners (a field) at an address or a range of addresses(another field). All you have to do is give the two field namesto the computer. The results are printed out quickly andaccurately. Other fields in a database might be city, state,telephone number, legal description, and so on.

Besides field searches, some databases allow hypertext

searching, to find every occurrence of a word in the database.Even those that don’t allow hypertext searching usually havesections called descriptors that go beyond indexed fields.

Searching databases can be confusing at first because of thelarge variety of computer database services available. Thecosts of database services differs with each company. Onecompany may offer a particular search for a lower fee thananother company. Some companies have sign-up charges;others don’t. Some charge a monthly minimum; others don’t.

Flat-Rate vs. Per-Search Services

A subscriber to an information vendor can pay for informa-tion in one or a combination of several ways. Some servicescharge a one-time sign-up fee to cover their administrativecosts in case you never use the service again. Some charge amonthly subscription fee. Some services allow unlimitedsearches to current subscribers as long as the monthly oryearly fee is paid. These services are known as flat-rate



services. The alternative to a flat-rate service is one thatcharges for each search or for each search result (“hit”)retrieved.

Once you have enough business to warrant subscribing toinformation vendors on your own, using a good flat-ratevendor is recommended. Expert users have found it cheaperin the long run to use a flat-rate account as opposed to aservice where you pay for each search or record retrieved.The flexibility of a flat-rate service is a lifesaver. For example,using a per-search service, if you input a misspelled name,you would be charged for that search and would have toreenter the data and pay another charge to try another varia-tion of the spelling. With a flat-rate account, you can tryendless variations—Thompson, Thomson, Thompsen, Tomson,etc.—and not be charged for each and every one. Plus, youcan check variations on the first name, like William, Willy,Bill, W., Will, Wilson, etc. Searching is rarely an exact sci-ence. A flat-rate service allows you to use your imagination todetermine why something isn’t showing up that you feelshould.

Investigate the vendors you’re planning to use as carefully as you would check out a potential business partner. Yourinformation providers are your partners every time you usetheir services. Figure 20 provides a list of questions to beconsidered when you’re selecting or analyzing an information vendor.


Questions to Ask of an Information Vendor

Where does the information come from?

You may feel awkward asking vendors where they’ve obtained the information you’repurchasing, but you shouldn’t. Just think about those fake Rolex watches that so manypeople purchase. Even buying physical things without knowing where they come from isdangerous.

Reliable information vendors won’t mind being asked about their services. They’ll provideverification material, such as the name of the database or service they access and whenit was last updated.

It’s important that you know the gathering process in order to judge the reliability of the information you’re purchasing. There are certain investigative sources that a vendorwon’t be willing to reveal to you. It’s important to remember, however, that an item ofinformation isn’t the same as an investigative report. The professional reputation of aninformation vendor is a guaranty of sorts. Still, because information as a commodity is sonew, there’s little in the way of an implied warranty of fitness.

How often is the information database source updated?

Any answer except a clear, unambiguous date and time, or the vendor’s personal knowledgeof a system’s ongoing methods of maintaining information currency, is a reason to keepprobing. Ideally, when you purchase items of information the record should include anupdate or statement of accuracy. In other words, you shouldn’t have to ask for this infor-mation. (Think of informational Web sites you’ve visited that have a line on the pagestating, for example, “page last updated Oct. 12, 2003.” If the date instead was 1999,would you put as much faith in the accuracy of the information?)

How long does it take for new information or changes to get into the system?

In view of the preceding question, this one might seem repetitive, but it really is a differentissue. Suppose record keepers updated a microfiche or database of records last week ata courthouse, but the department’s computer section is working with a three-month back-log. In such a case, a critical incident that occurred one month ago wouldn’t show up inthe database that was updated just last week. In fact, it may not show up for a fewmonths. The importance of timeliness is a variable you must determine for yourself, butto be truly informed you need to know how “fresh” the information is.

(Continued)

FIGURE 20—Questions about Online Information Sources


Which are the searchable fields? Which fields are standardized?

It’s sometimes difficult to tell a good database from a bad one. A motor vehicle recordvendor, for example, should be able to tell you that a subject’s middle name is critical foraccessing an Arizona driving record. You don’t have to become a programmer to use acomputer, and you shouldn’t have to know a database management language to benefitfrom databases. Nevertheless, it’s very helpful to understand how databases are con-structed and, at the least, what fields, records, and indexing procedures are used. As arule, computerized public record information isn’t standardized from county to county orstate to state. In the same way, there’s little standardization among information vendors.

How much latitude is there for error (misspellings or inappropriate punctuation) in a datarequest?

If the vendor’s requirements for search data seem concise and meticulous, then you’reprobably on the right track. Some computer systems will “flag” you if you make a mistake,such as omitting important punctuation or using an unnecessary comma. Other systemsallow you to make inquiries by whatever means or in whatever format you like—and thentell you the requested information hasn’t been found. In this instance, the desired infor-mation may be there, but the computer didn’t understand the question because of theway in which it was asked. It’s easy to misinterpret “no record found” as “there’s norecord.” Never forget the meanings are quite different.

For example, does it make a difference if you enter the subject’s name as bill white, BillWhite, or BILL WHITE; Bill W. White or Bill W White? Do you include the hyphens in phoneand Social Security numbers? If you accidentally type “whiite,” will you get an error mes-sage? (The online search engine Google will give a list of results for whiite with a query,“Did you mean white?”)

What method is used to place the information in the repository, and what error control oredit process is used?

In some databases, information is scanned into the system; in others, an operator mayenter information as it’s received; and in still others, information may be entered twice toallow the computer to catch input errors by searching for nonduplicate entries. You don’thave to know everything about all the options, but the vendor selling information inquantity should.

How many different databases or sources does the vendor access and how often?

The chance of obtaining an accurate search of a database increases with the frequency ofaccess and the searcher’s level of knowledge. If he or she makes inquiries only once amonth—and the results are important to you—you may need to find someone who sellsdata at a higher volume. The point here is that finding someone who specializes in thetype of information you’re seeking is usually better than using a vendor who can get theinformation, but specializes in something else.

(Continued)

FIGURE 20—Continued

You’ve just covered a lot of details on how to use informationresources. Before you go on to the next section, take time tocomplete Self-Check 4.


Does the price include assistance in interpreting the data received?

A report that includes coding and ambiguous abbreviations may look impressive in yourfile, but may not be too meaningful. (For example, if a subject’s driver’s license is marked“CDL Class A,” it doesn’t help you unless you know what that designation means.) For allyour reports, except those you deal with regularly (and therefore understand), interpreta-tion assistance can be very important. Some information vendors offer searches forinformation they really don’t know much about through sources they use only occasionally.Professional pride sometimes prohibits them from disclosing their limitations—unless youask the right questions.

Do vendors keep track of requesters and the information they seek (usage records)?

This may not seem like a serious concern when you’re requesting information that you’relegally entitled to; however, there’s a possibility that the vendor could make your usagerecords available to a competitor. You may not want everyone to know what you’rerequesting and how often you’re requesting it. If the vendor keeps records of who askswhat, you should address the confidentiality of that information in your agreement.

Will the vendor notify the subject of your inquiry?

If your inquiry is meant to be confidential and discreet, or if the subject’s discovery of thesearch could lead to embarrassment, double-check with the vendor. There are laws thatmandate the notification of subjects when certain types of inquiries are made into theirfiles. If the subjects must be notified, the way in which the vendor does so could becritical to your investigation.

Are the turnaround time and cost of the search made clear at the outset?

You must be clear about what you expect and need, and vendors should convey exactlywhat they’ll provide and how much it will cost. Failure to address these two issues canlead to disputes and hard feelings.

FIGURE 20—Continued


Self-Check 4

Questions 1–4: Indicate whether the following statements are True or False.

______ 1. A simple driver’s license search will always provide a mailing address.

______ 2. A group of fields in a database combine to form individual records.

______ 3. Trials at the federal level are conducted in the federal circuit courts.

______ 4. Reference librarians are skilled researchers who are extremely knowledgeableabout reference sources.

Complete the following statements with the correct answer.

5. A _______ is a formal request made to a judge for an order or judgment.

6. The _______ is the person entrusted by the bankruptcy court to take charge of thedebtor’s assets and handle the distribution of funds to creditors.


AVOIDING INFORMATION PITFALLS

As you search for information in the many resources we’vediscussed in this study unit, you must be responsible in theway in which you seek out and use the information. As aprivate investigator, you don’t have special access to theseinformation resources. In the same way, you won’t receiveany special consideration from authorities if you’re irrespon-sible in the way you conduct investigations. Don’t do anythingthat might endanger your livelihood as an investigator, andbe just as diligent to avoid creating problems for clients.

In working with sources of information, there are three majorpitfalls you should avoid: misidentification, abusing fair creditreporting, and accessing information confidential by law.Let’s take a look at each one of these pitfalls individually.

Misidentification

A key task in any investigative assignment is to properly andcorrectly identify the subject of the investigation (Figure 21).The identification of the subject may seem like an elementaryand even obvious factor, but nonetheless it’s a task thatrequires your attention from the beginning of each assignmentand throughout your professional investigative practice.


FIGURE 21—It’s possiblethat each of these people isnamed Chris Gonzalez. It’simportant to know whichperson your investigationrelates to so you don’t makea mistake.


As a quick glance through a phone book will show, manypeople have the same or similar names. The problem isapparent with people named Smith, Jones, Wilson, and soon. Bring in the surnames of other cultures to the mix, andthe problem multiplies. Look in the phone book for China-town in New York or San Francisco, and you’ll find page afterpage of Cho, Cheng, and Ng. In California and the Southwest,there will be many people named Rodriguez and Gonzalez.Even people with seemingly unique names, like MarshallMathers (Eminem), may have “name twins.” Businesses, too,have problems with common or similar names. Althoughthere may be only one Kraft Foods in the United States, thereare many companies named AAA Towing or Tony’s Pizza. InManhattan alone, there are more than 50 pizzerias calledFamous Original Ray’s Pizza, Famous Ray’s Pizza, WorldFamous Ray’s Pizza, Ray’s Famous Pizza, Ray’s OriginalPizza, Original Ray’s Pizza, and, of course, Ray’s Pizza.They’re not all owned by the same person.

When you’re gathering information on an individual or abusiness, your job as an investigator is to be sure the indi-vidual described in your information source is the same asthe one involved in your case—a job that requires diligencefrom the start of the investigation. To screen out mistakes,begin by establishing every identification factor (identifier)possible before starting an investigation. Identifiers are itemsof information specific to an individual. For individuals thesecould include

• Full name

• Middle names or initials

• Spouse’s name, including middle names or initials

• Former spouse’s name

• Addresses, including last known address and previouslyreported (old) addresses

• Telephone numbers, including previously reportedtelephone numbers

• Age

• Date of birth

• Social Security or Social Insurance number

For businesses, identifiers include the full business name,form of organization (for example, corporation, partnership,and so on), tax ID number, other business names used, etc.

When there’s any question of misidentification, investigatemore and ask more questions. Sometimes you may even haveto compare the handwriting of the subject with the hand-writing on documents in your sources of information. If, afterreasonable effort, identification remains in question, clearlyreport any unresolved questions about identification to yourclient. Your client can then take this into consideration whenplanning any future action.

Violating the Fair Credit Reporting Act (FCRA)

Across the United States, credit reporting agencies collectand share information about people who owe money. Lendersuse credit information to help collect on debts and to helpdecide whether to risk money in loans. Other parties usecredit information to decide whether to go into business with someone, whether to hire a person, whether to rent anapartment, or for any other number of reasons. All uses ofcredit reports, though, fall under the Fair Credit ReportingAct (FCRA) (15 U.S.C. Section 1681). The FCRA sets forthpurposes for which consumer credit reporting agencies mayissue a report on a consumer—and for which an individualmay obtain a credit report:

• In response to the order of a court having jurisdiction toissue such an order, or a subpoena issued in connectionwith proceedings before a federal grand jury

• In accordance with the written instructions of theconsumer to whom the report relates



• To a person/organization who the credit reporting agencyhas reason to believe intends to use the information inconnection with one of the following purposes:

� A credit transaction involving the consumer who isthe subject of the report (extending credit to theconsumer or review or collection of an account of the consumer)

� Making an employment decision

� The underwriting of insurance involving the consumer

� A determination of the consumer’s eligibility for alicense or other benefit granted by a governmentalinstrumentality required by law to consider anapplicant’s financial responsibility or status

• To a person/organization who otherwise has a legitimatebusiness need for the information in connection with abusiness transaction involving the consumer

The Fair Credit Reporting Act provides for civil liability forwillful (done on purpose) noncompliance as well as negligent

(done through carelessness) noncompliance, which applies toboth credit reporting agencies and users of credit information.The courts may award actual damages, punitive damages,and attorney fees and costs. Knowingly obtaining informationfrom a credit reporting agency under false pretenses is afederal offense that carries a fine of not more than $5,000 orimprisonment for not more than one year, or both, for eachabuse. To protect yourself from unwanted trouble, it’s a goodidea never to pull a credit report unless you’re personallyentitled to do so or if you have a signed authorization fromthe person on whom it’s reporting.

In the past, many, particularly in the credit reporting industry,considered private investigators to be major offenders of thelaw. Whether the perception was correct or not isn’t impor-tant. The fact is, private investigators have been successfullysued for damages, convicted of crimes, and fined because ofviolations of the FCRA. Some private investigators obtainedcredit reports to find people, assets, or background informa-tion, though they lacked a permissible purpose provided by

Damages is the amountof money which a plaintiff(the person suing) may beawarded in a lawsuit.Punitive damages ismoney awarded aboveand beyond the actualamount of the plaintiff’sloss as a punishment forthe defendant and to actas a deterrent to others.

law. Others took the fact that a person seemed to be at faultin an accident, and thus would be liable for damages, as apermissible purpose. The Federal Fair Trade Commission,which administers the FCRA, has ruled that until and unlessa debt is adjudicated or agreed to by the consumer, it’simproper to obtain a credit profile.

Other abuses of credit reports have included evaluation ofinsurance claims, determining whether to pursue litigation or not based upon a debt, locating or discrediting a witnessor potential party to litigation, and preparing for mediapublication. Since a series of stings by the U.S. JusticeDepartment that resulted in the felony convictions of severalprivate investigators, the casual pulling of credit reports byinvestigators without a clear permissible use has been nearlystopped. Most professional private investigators agree thatgetting the job done for one client isn’t worth becoming afelon.

One portion of a credit report, called the header, containsidentifying information, such as the debtor’s name and namevariations, identifiers such as year of birth or Social Securitynumber, along with reported employment and addresses.Originally, the use of header reports was considered beyondthe purview of the FCRA. However, as mentioned earlier inthis unit, current credit headers are now treated confidentially,like full credit reports. The millions of credit headers that had found their way into private databases before the creditheader ban went into effect in July 2001 are still available forpurchase without violating any law. Of course, as time goesby, this information will become more and more out of date.

Accessing Information Confidential by Law

In December 1991, federal agents arrested and charged 18private investigators, information brokers, and governmentemployees for buying and selling confidential informationfrom government computers. The government “sting” opera-tion involved defendants throughout the United States. Bypaying bribes to Social Security, Internal Revenue Service,and police agency employees—who were also charged—the



defendants obtained information on thousands of people foruse in workers’ compensation, asset, and background investi-gations. Most defendants ended up professionally ruined, withcriminal convictions and fines. Since 1991, sting operationsare conducted regularly across the country, and every sooften, a news account is seen of another private investigatorand his or her friend “on the inside” being arrested. Be smart.Stay legal, and don’t expect others to risk their careers foryou.

Before going on to read about the Internet as a source ofinformation, take a moment to review and complete Self-

Check 5.


Self-Check 5


______ 1. Usually a private investigator can access credit reports more easily than anaverage citizen.

______ 2. Because many people have the same or similar names, it’s crucial to accuratelyidentify a subject of an investigation.

______ 3. You can be sued, fined, and imprisoned for noncompliance with the FCRA.

______ 4. Credit information on an individual is listed in the header of the credit report.

______ 5. Obtaining information illegally can result in your ruin as a private investigator.



THE INTERNET

The Internet will be discussed in detail later in your program,but it needs to be mentioned here as a source of information.Investigating using the Internet is the subject of trainingcourses lasting several days and of lengthy books. The mostimportant thing a private investigator needs to know aboutInternet investigating is this: Internet investigation andprivate investigation are two completely different careers.

Since the mid-1990s, thousand of private investigators havederailed their businesses by getting too involved with theInternet. To be sure, some have switched over to beingInternet experts and have earned a good income selling theirservices, but a much larger number have found themselveshopelessly in debt and out of business. The competition onthe Internet for selling search results and information isintense. It’s okay to use the Internet as a tool in conductingan investigation, but always remember it’s just a tool. Theinformation you find using the Internet needs to be verifiedand converted to usable evidence by other means in nearlyall investigations.

The Power of the Internet for Investigation

The greatest thing about the Internet as a research tool is itsspeed. If you have a case involving a construction accidentand you need to talk to experts who understand the type ofconstruction involved, chances are a search using one of themany Internet search engines like AltaVista or Google willprovide you with a long list of possible experts. Before you goto the telephone and start calling these possible resources,the Internet makes it possible to find things they’ve written,things others have said about them, and in many cases,copies of their resumes. Years ago, it would have taken weeks of calling and sending letters to obtain such material.Today, with the Internet, you can do it in one sitting at thekeyboard.

Search Engines

Search engines are programs designed to search throughdatabases, documents, or the entire Internet for words orcombinations of words. There are dozens, if not hundreds, of search engines on the Internet. Some of the more powerfulsearch engines, whose names show up in most discussionson the topic, are

• Google—http://www.google.com/

• AltaVista—http://altavista.com/

• Excite—http://www.excite.com/

• Lycos—http://www.lycos.com/

• Yahoo!—http://www.yahoo.com/

• Hotbot—http://www.hotbot.com/

By pre-Internet standards, these search engines are allincredibly powerful. If you enter a word or combination ofwords into a major Internet search engine and click Search,within seconds you’ll have a search result. Most of the searchengines will give you a list of Web pages where the word orcombination of words you’re interested in appear. Thesepages might be hosted on a computer in your city or inMalaysia—the search result shows up within seconds. Toeffectively use search engines, you’ll need to experiment withthem.

Boolean Logic

Some search engines allow the use of Boolean logic in searches.In brief, Boolean logic is the use of the words AND, NOT, andOR (called connectors) in search phrases. This allows you tosearch for “traffic AND accident NOT truck,” for example, tofind information about traffic accidents that didn’t involve atruck. (These terms don’t necessarily have to be in caps.)Some search engines, instead of or in addition to using AND,NOT, and OR, allow the use of plus and minus signs (+ forAND; - for NOT). Another way to refine a search is with theuse of punctuation such as quotation marks.


Practice exercise—do asearch for “Freedom ofInformation Act” on oneor more of the searchengines discussed here.


As an example, a search in a major search engine on thewords Harold Petersen got 14,994 hits. A search on the wordsHarold AND Petersen received the same 14,994 hits. Thatmeans this particular search engine automatically uses theAND connector. A search on “Harold Petersen” in quotes gotonly 108 hits. This smaller number was retrieved because thequotes told the search engine to look for the words together,only in the order presented. A search for Harold OR Petersen

got 1,630,859 hits. This larger number of hits comes aboutbecause the search engine counted all the pages that hadeither the word Harold or Petersen in them. This is the resulta less sophisticated search engine might find if you justentered a name. In the case of a name, if you have a middleinitial, it can be a big help. A search for Harold J Petersen

received only 3 hits. There’s quite a difference between over amillion hits and three hits, isn’t there? It demonstrates howimportant it is to get all the identifiers you can about a subject.

Before moving on to the examination, take a few moments tocomplete Self-Check 6. Then check your answers with thoseprovided at the end of this study unit. If you’ve missed anyanswers, or you feel unsure of the material, review the rele-vant pages in this study unit. When you’re sure that youcompletely understand the information presented, completeyour examination. Remember also to complete the PracticalExercises.


Self-Check 6


______ 1. Investigating using the Internet can be mastered with very little effort.

______ 2. Having access to the Internet makes succeeding as a private investigator a snap.

______ 3. The major search engines are incredibly powerful.

______ 4. In Boolean logic use, AND and “+” can mean the same thing.

______ 5. Having an additional identifier can reduce the number of hits from a searchengine.



SUMMARY

Good work! By completing this unit, you’ve learned a lotabout the sources of information you’ll be using as a privateinvestigator. This information will help to launch you in oneof the fast-growing service industries. There are plenty ofresources out there for you to work with. If you tackle yourassignments with determination and a never-give-up attitude,you can accomplish much in the way of discovering the infor-mation you need. Not every case you handle will be a winner,but you can approach each assignment with a winningattitude. Do your best, and learn something new every day!

PRACTICAL EXERCISES

At the end of most of your Private Investigator study units,you’ll work through some practical exercises, which will giveyou experience performing some of the duties of a privateinvestigator. The exercises are for your enrichment—do not

submit your results to the school for grading.

Exercise 1

This exercise is designed to help you to

• Become familiar with Internet terms

• Become familiar with search engines

For this exercise, you’ll need Internet access. If you don’thave a computer and ISP, go somewhere you can use anonline computer. This could be at a school, an Internet café,a friend’s house, or a public library. Open the browser pro-gram and click on the Search button. Type in the words“search engine” and click Search. Experiment with clickingon the resulting links. Next, go to the Google Web site (searchfor the word “google” in the browser’s search window). Searchon your own name, both with and without your middle initialand the name of the state you live in. Experiment with othersearches—try the name of a favorite celebrity, or the name ofa place you’re interested in visiting.

Exercise 2This exercise is designed to familiarize you with a publicrecords search. It will help you to

• Become familiar with a county public records repository

• Practice interacting with people in obtaining information

Go to the county seat of your county or the city hall of yourcity. Find the clerk’s office and ask an employee to show youan example of a document that’s part of the public recordand to identify for you some of the records they keep thataren’t available for inspection by members of the public. Ifthey have computer terminals available for public use, lookat the menu and experiment with doing some searches.Search your own name, for example.


81

925 Oak Street

Scranton, Pennsylvania 18515-0001


When you feel confident that you have mastered the material in this study unit, complete the following examination. Then submitonly your answers to the school for grading, using one of theexamination answer options described in your “Test Materials”envelope. Send your answers for this examination as soon as youcomplete it. Do not wait until another examination is ready.

Questions 1–20: Select the one best answer to each question.

EXAMINATION NUMBER:

05803100Whichever method you use in submitting your exam

answers to the school, you must use the number above.

For the quickest test results, go to http://www.takeexamsonline.com

Ex

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Ex

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1. As a private investigator, you may gain access to privaterecords by

A. presenting a request letter on your business stationery.B. obtaining a search warrant from the courthouse.C. encouraging the individual to turn the records in as a

reasonable thing to do.D. requesting the local police department to obtain the records

for you.

2. When using the Internet, a private investigator

A. can never use the information found.B. can always use the information found.C. should never trust a search engine.D. should always verify any information found.

Examination82

3. To obtain information under the Freedom of Information Act, you must

A. submit a written request to the agency possessing the information.B. obtain written authorization from the subject.C. prove that the information is necessary to the case you’re working on.D. request a subpoena from the attorney assigned to the case.

4. Why does a private investigator need to be careful when approaching people for information?

A. They usually demand too much money for the information they have.B. They may tip off the subject of an investigation.C. They can be approached only with the permission of the subject of the investigation.D. They may know too much about the investigation.

5. Which of the following statements is true about search engines?

A. They’re used to search through microfiche archives of public records.B. They’re programs used to search large databases and the Internet.C. They usually find only a few results.D. They’re only usable by paid subscribers.

6. Which one of the following is an example of a public record?

A. Bankruptcy records C. DiaryB. Check register D. Income tax returns

7. Consumer credit reports are what kind of record?

A. Private records that can be purchased from a credit bureauB. Public records that are available to anyone who pays a feeC. Hybrid records that are produced by private organizations and regulated by lawD. Reference material available in the local library

8. Which one of the following cases would most likely be tried in a federal court?

A. Civil rights C. ProbateB. Divorce D. Domestic relations

9. Which of the following is true of public records?

A. They’re maintained by businesses for the government and are available only with theowner’s permission.

B. They’re available only to public employees.C. Misuse of public records is a federal crime.D. They’re maintained by government agencies and are open to public inspection.

Examination 83

10. Which of the following is an example of a private record?

A. Credit history C. Credit card recordsB. Birth certificate D. Court records

11. Under which one of the following conditions would you be allowed to obtain a creditreport?

A. The subject is suspected of involvement in a narcotics ring, and you’re looking forsuspicious payments.

B. Your client intends to use the information for employment purposes and has providedyou with a signed authorization.

C. The subject has been accused of drunk driving and you’re hired to find assets for alawsuit.

D. You’re evaluating a person for an insurance claim.

12. Which of the following statements is true about the Internet?

A. It’s the only resource a private investigator needs.B. It contains only verified information.C. It’s not useful for finding information about people.D. It’s a good place to find general information about government agencies.

13. Which of the following sources of public records is subject to the FOIA?

A. California Supreme CourtB. Marin County registrarC. Federal Trade CommissionD. New York City Department of Transportation

14. Which of the following is the definition of a sole proprietorship?

A. A company that shields the limited partners from liability beyond their investmentB. A company owned by one person (or by a husband and wife)C. A company that’s exempt from collecting sales taxD. A nonprofit company that is run by a church or religious organization

15. As an investigator, you’ll probably find the most detailed information on the widest range ofcases in _______ court records.

A. state C. federalB. local D. traffic

16. A _______ is an order of the court for a witness to appear at a particular time and place totestify or produce documents.

A. pleading C. subpoenaB. motion D. service of process

Examination84

17. A directory arranged according to both addresses and telephone numbers is called a

A. phonefiche. C. business directory.B. crisscross or reverse directory. D. descriptor.

18. A main advantage of a computer database is that

A. the information it contains is free of charge.B. its data is always updated regularly and in a timely fashion.C. all the information you need on a subject is in one place.D. its data can be manipulated.

19. An excellent publicly accessible source of information on an individual’s assets andliabilities, when one exists, is a/an

A. bankruptcy action. C. check register.B. credit report. D. income tax return.

20. You’re searching a database to find every occurrence of the word “harassment.” This iscalled a

A. record search. C. search engine.B. descriptor search. D. hypertext search.

85

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Self-Check 1

1. Public and private records, publications, computerdatabases, field investigation, and people

2. False

3. Corporation, limited partnership

4. An investigator can inspect private records only if thatinvestigator has a court order or if the owner gives uphis or her right to privacy.

5. Crisscross

6. True

7. False

Self-Check 2

1. “Those records maintained by government agencies thatare open without restriction to public inspection, eitherby statute or by tradition.”

2. Public information

3. Voluntarily and by statute

4. At a government agency and within the database of aprivate company

5. Because they make their information available only topreapproved, high-volume, ongoing accounts who, inturn, make it available to individual users for a fee

6. False

7. False

Self-Check Answers86

Self-Check 3

1. False

2. False

3. True

4. False

Self-Check 4

1. False

2. True

3. False

4. True

5. motion

6. trustee

Self-Check 5

1. False

2. True

3. True

4. False

5. True

Self-Check 6

1. False

2. False

3. True

4. True

5. True