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Michigan PI Law and Licensing

Michigan Licensing Requirements

The following is a summary of the requirements to become licensed as a professional investigator. For the complete requirement details see the Professional Investigator Licensure Act, Act 285 of 1965, as amended. A licensed professional investigator must meet the following requirements:

  1. Is a citizen of the United States.
  2. Is not less than 25 years of age.
  3. Has a high school education or its equivalent.
  4. Has not been convicted of a felony, or a misdemeanor involving any of the following:
    • Dishonesty or fraud.
    • Unauthorized divulging or selling of information or evidence.
    • Impersonation of a law enforcement officer or employee of the United States or a state, or a political subdivision of the United States or a state.
    • Illegally using, carrying, or possessing a dangerous weapon.
    • Two or more alcohol related offenses.
    • Controlled substances as defined under the Michigan Public Health Code.
    • An assault.
  5. Has not been dishonorably discharged from a branch of the United States military service.
  6. For a period of not less than 3 years has been or is any of the following on a full-time basis:
    • Lawfully engaged in the professional investigation business as a licensee, registrant, or investigative
      employee in another state.
    • Lawfully engaged in the investigation business as an investigative employee of the holder of a license to conduct a professional investigation agency.
    • An investigator, detective, special agent, intelligence specialist, parole agent, probation officer, or certified police officer employed by any government executive, military, judicial, or legislative agency, or other public authority engaged in investigative or intelligence activities.
    • A graduate of an accredited institution of higher education with a baccalaureate or postgraduate degree in the field of police administration, security management, investigation, law, criminal justice, or computer forensics certificated study that is acceptable to the department.
    • Lawfully engaged in the investigation business as a full-time proprietary or in-house investigator employed by a business or attorney, or as an investigative reporter employed by a recognized media outlet, acceptable to the department.
  7. Has posted a $10,000.00 bond or insurance policy provided for in this act.

In the case of a person, firm, partnership, company, limited liability company, or corporation now doing or seeking to do business in this state, the manager shall comply with the qualifications of this section.

PROFESSIONAL INVESTIGATOR LICENSURE ACT (EXCERPT)

Act 285 of 1965

338.823 License required; investigation of prohibited activities; civil or criminal action; violation; penalty.

Sec. 3.

1. A person, firm, partnership, company, limited liability company, or corporation shall not engage in the business of professional investigator for hire, fee, or reward, and shall not advertise his or her business to be that of professional investigator or of a professional investigator agency without first obtaining a license from the department.

A person, firm, partnership, company, limited liability company, or corporation shall not engage in the business of furnishing or supplying, for hire and reward, information as to the personal character of any person or firm, or as to the character or kind of business and occupation of any person, firm, partnership, company, limited liability company, or corporation and shall not own, conduct, or maintain a bureau or agency for the purposes described in this subsection except as to the financial rating of persons, firms, partnerships, companies, limited liability companies, or corporations without having first obtained a license as a professional investigator from the department.

2. The department, the attorney general, the Michigan state police, or a local law enforcement agency, on its own initiative or at the request of any other person or legal entity, may investigate allegations of a person or legal entity engaging in activities regulated under this act without being appropriately licensed or exempt from licensure under this act. The entity conducting the investigation shall report its findings to the attorney general and county prosecuting attorney having jurisdiction in the location within which the alleged violator is engaged in business.

The attorney general or county prosecuting attorney may bring an appropriate civil or criminal action in a court of competent jurisdiction to enjoin any person or legal entity that has engaged or is about to engage in any activity regulated by this act without being appropriately licensed or exempt from licensure under this act. Such an injunction may be issued without proof of actual damage sustained by any person or legal entity. Issuance of an injunction shall not prevent criminal prosecution of a violator.

In addition to issuing the injunction, the court may impose a civil violation fine not to exceed $25,000.00. A person or other legal entity who reports to the department, a local law enforcement agency, a county prosecuting attorney, or the attorney general regarding an allegation of unlicensed activity is immune from tort liability for making the report.

3. A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a penal fine of not more than $5,000.00, or both.

History: 1965, Act 285, Imd. Eff. July 22, 1965;– Am. 1974, Act 114, Eff. July 1, 1974 ;– Am. 2002, Act 474, Eff. Oct. 1, 2002 ;– Am. 2008, Act 146, Imd. Eff. May 28, 2008

MI Surveillance Law

Michigan private investigators do not have any special privileges that allow us to break the law. Michigan law prohibits the following:

  • Voyeur Photography Within Private Areas in Michigan
    (MCL 750.539j) Prohibits the photographing of undergarments, genitalia, buttocks or female breasts when the individual would have a reasonable expectation of privacy. Effective: September 1, 2004
  • Video Surveillance Within Private Areas in Michigan
    (MCL 750.539d) Prohibits and provides penalties for secretly observing or recording video images of an undressed person or a person in his or her undergarments. Effective: September 1, 2004
  • Electronic Financial Surveillance in Michigan
    (MCL 750.539k) Prohibits capturing personal identifying information from a financial transaction device secretly. Effective: March 1, 2005

Michigan GPS Law

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 750.539
Tracking device; placement or installment on motor vehicle without consent; violation as misdemeanor; penalty; exemptions; inapplicability of subsection (2)(j); liability for damages; definitions.

(i) The installation or use of a tracking device by a person lawfully performing his or her duties as a bail agent as authorized under section 167b or as an employee or contractor of that bail agent lawfully performing his or her duties as an employee or contractor of a bail agent. (j) Except as provided in subsection (3), the installation or use of a tracking device by a professional investigator or an employee of a professional investigator lawfully performing his or her duties as a professional investigator or employee of a professional investigator for the purpose of obtaining information with reference to any of the following: (i) Securing evidence to be used before a court, board, officer, or investigating committee.