Ga. Comp. R. & Regs. 509-3-.06

Current through Rules and Regulations filed through April 18, 2024

Rule 509-3-.06 - Basic Training Requirements for Private Detectives

(1) Effective July 1, 2022 a minimum of seventy (70) hours of classroom instruction is required for all private detective licensees and registered private detective employees consisting of instruction in the following topics:

(a) Course introduction

1. Introduction to the Private Detective business and the types of investigations performed by the private detective

i. Role of the Private Detective

ii. Scope of practice and authority

2. Overview of O.C.G.A. 43-38-(1-16) as it relates to the private detective business

i. Introduction to the Georgia State Board of Private Detective and Security Agencies Act

ii. Minimum qualifications for licensure and disqualifiers

iii. Application procedures

3. Review of Georgia Private Detective and Security Agencies Administrative Board Rules

i. Organization (509-1)

ii. Minimum qualifications for licensure and issuance of licenses (509-2-.02 and 509-2-.03)

iii. Training guidelines (509-3-.06)

iv. Continuing Education Guidelines and Requirements (509-3-.12)

v. Issuance of Weapons Permits by the board (509-4-.01)

I. Concealed permit justifications

II. Annual re-qualifications requirements

III. Review of permitted weapons

IV. Weapon Discharge reports (509-4-.05) and review of forms

vi. Confusing names (509-4-.03)

vii. Advertising and Promotional Materials (509-4-.08)

viii. Change of address and location (509-6-.01)

ix. Change in ownership (509-6-.02)

(b) Criminal Procedure - An overview of O.C.G.A. Title 17, including but not limited to:

1. An overview of the Georgia laws of Arrest

i. What constitutes an arrest (O.C.G.A. § 17-4-1)

ii. Arrests without a warrant by law enforcement (O.C.G.A. § 17-4-20)

iii. Warrants for Arrest (O.C.G.A. § 17-4-40)

iv. Review of warrant affidavits and minimum requirements (O.C.G.A. § 17-4-41)

v. Application procedures for warrants (O.C.G.A. § 17-4-47)

vi. Limited detention by certain private individuals for certain offenses (O.C.G.A. § 17-4-80)

2. Search and Seizure - A review of relevant seizure laws as it relates to the profession. To include but not limited to:

i. An overview of the 4^th Amendment

ii. Relevant and updated case laws and court decisions

iii. Law enforcements role in obtaining search warrants and affidavits for warrants (O.C.G.A. § 17-5-20)

iv. Execution of search warrants by law enforcement, no knock clauses and inventories

v. Legal standards for lawful seizures with or without a search warrant

(c) Georgia Criminal Law Overview

1. Definition of a crime (O.C.G.A. § 16-2-1)

2. Define jurisdiction and venue

3. Define the phrases "elements of the offense" and "corpus delicti"

4. Instruction on principal misdemeanors and felonies relevant to the profession

5. Defenses to criminal prosecution (O.C.G.A. § 16-3-(1-6))

(d) Georgia Rules of Evidence - An overview as it relates to evidentiary rules of the courts under Title 24

1. Define evidence and classifications of evidence (Direct, Real, Indirect, Circumstantial)

2. Admissibility of evidence (Material, relevant and competent)

3. Review of case laws (i.e. Mapp vs. Ohio and Exclusionary Rule)

4. Hearsay evidence (O.C.G.A. § 24-8-802)

5. Character evidence

6. The Best Evidence Rule

7. Documentary evidence and authentication for court (O.C.G.A. § 24-10-(1002-1007))

8. Privileged communication (O.C.G.A. § 24-5-501)

9. Use of lay witnesses and expert witnesses (O.C.G.A. § 24-7-701 and O.C.G.A. § 24-7-702)

(e) Interviewing Techniques and Methodology

1. Instruction on proper methods of conducting an interview

i. Preparation

ii. Approaches and rapport building

iii. Documentation

2. Interviews and interrogations

i. De-escalating a hostile witness

ii. Questioning techniques

iii. Indicators of deception

iv. Obtaining confessions and admissions

v. Admissibility of statements

(f) Documentation and Report writing

1. Proper note taking and recording pertinent information

2. Opinion vs. factual statements

3. Elements of an effective investigative report

4. Confidentiality and legal issues

5. Submission guidelines and board rules (Board Rule 509-4-.06)

(g) Overview of the United States Legal System

1. Review the court system and jury trial procedure

2. An overview of criminal law concepts

i. Burden of proof

ii. Beyond a reasonable doubt

3. An overview of civil law concepts

i. Totality of circumstances

ii. Preponderance of evidence

4. Review jurisdiction and venue as it relates to federal, state and local court systems

5. Appellate Courts and the path of an appeal to the State and Federal Supreme court

(h) Courtroom Testimony

1. Overview of relevant terms and definitions to include but not limited to:

i. Court personnel and their roles (i.e. Judge, Prosecutor, Public Defender, Court clerk, Court reports)

ii. Discovery

iii. Motions (i.e. Motions to dismiss, suppress evidence etc.)

iv. Grand Jury

v. Voir Dire Process

2. Pre-trial responsibilities

3. Preparation for court

4. Appearance and demeanor in court

5. Direct Examination and Cross Examination

6. Steps to proper testimony under oath

(i) Sources of Information - Instruction on how to develop leads, conduct database searches and legal means of investigative research. Lecture must include but is not limited to:

1. Use of investigative and proprietary databases

2. Open source intelligence collection (OSINT)

3. Government agencies

4. The Freedom of Information and the Georgia Open Records Act (O.C.G.A. § 50-18-70et seq.)

i. Legal issues and exempt records

ii. Sample of a FOIA or open record request

5. Instruction on how to conduct court records research

6. Permissible purposes, privacy concerns, data breaches and compliance with the Graham Leech Bliley Act

(j) Surveillance and Observation- A minimum of four hours in the methodology of covert surveillance. Lecture must include but is not limited to:

1. Preparation and advance work prior to surveillance

2. Reasonable expectation of privacy and the Georgia Eavesdropping Act (O.C.G.A. § 16-11-60et seq.)

3. Criminal trespass and stalking statutes (O.C.G.A. § 16-7-21 and O.C.G.A. § 16-5-90)

4. Elements of surveillance (i.e. foot, mobile, stationary)

5. Employing methods of surveillance

6. Proper videography, documentation and reporting

7. Counter surveillance techniques

(k) Undercover Operations - a review of methods used to perform undercover and covert investigations

1. Developing the undercover strategy

2. Information and planning the operation

3. Operative selection and placement

4. Evidence gathering

5. Reporting guidelines and points of contact

6. Operative extraction

7. Safety guidelines and legal issues

(l) Incident and Crime scene analysis and investigation

1. Overview of police procedures during crime scene processing

2. Protection of the scene

3. Sketching, photographing and documenting the scene

4. Search methodology and evidence collection

5. Chain of custody

6. Modus Operandi

7. Incident and Accident investigation (i.e. car accidents, falls, first report of injuries, workplace thefts)

8. Solvability factors in criminal investigation

(m) Criminal Defense and Due Process Investigations

1. Role of the private detective in the defense case

2. Uncovering reasonable doubt

3. 14^th Amendment protections

4. Work product privilege

5. Statutory justifications

(n) Missing Persons and Locating Individuals

1. Methods of locating individuals

2. Working with law enforcement agencies on missing persons

3. Investigative techniques and sources of information

4. Interference with custody and kidnapping laws

5. Hague Convention

(o) Insurance Investigations

1. A lecture that encompasses key terms used by special investigations units, claims adjusters and insurance clients that include but not limited to:

i. Subrogation

ii. Claimant

iii. Underwriter

iv. Agent

2. Role of the Special Investigative Unit

3. Insurance fraud indicators

4. Workers compensation claims

5. Slip and fall claims

6. Auto accidents

7. Property theft and premises liability

8. Tort law

(p) Family law and domestic investigations

1. Overview of Georgia divorce law (i.e. Ground for divorce, fault, no fault divorce etc.)

i. Documenting infidelity and evidence requirements

ii. Privacy issues and relevant laws

iii. Working with attorneys

2. Child custody investigations

i. Factors in child custody disputes and best interests of the child (O.C.G.A. § 19-9-3)

3. Legal issues in surveillance, Georgia Eavesdropping act, relevant case laws, privacy and precedent

(q) Specialized investigations - Lecture overview of specialized areas of the private detective practice

1. Due diligence investigations

2. Background investigations

i. Permission waivers

ii. Compliance with the Fair Credit Reporting Act

3. Corporate Investigations

4. Computer Crime Investigation

5. Retail security

(r) Protective security

1. Threat assessment investigations

2. Overview of client protection

3. Review of conducting an advance

4. Formations and performing details

(s) Case management

1. Client intake procedures

2. Case file organization

3. Case presentations to clients

(t) Business Acumen

1. Advertising and marketing (Board Rule 509-4-.08)

2. Client relations and customer service

3. Contracts and retainer agreements

4. Invoicing and billing

5. Setting fees for services

6. Investigative Reports (Board Rule 509-4-.06)

7. Using subcontractors

8. Confidentiality and privacy

(u) Investigative Ethics

1. Transparency

2. Client communications

3. Avoiding conflict of interest

4. Understanding ethical obligations

(v) a two hour examination should be given at the completion of the course covering all subjects, a minimum passing score of 75% being one of the requirements for qualification. These records shall be subject to inspection, upon request by the Board or its representative.

(2) In addition to the requirements in paragraph (1), all private detective license holders and registered private detective employees who will be authorized to carry a handgun must complete the applicable firearms training curriculum as set forth in Board Rules 509-3-.08 and/or 509-3-.10.

Ga. Comp. R. & Regs. R. 509-3-.06

O.C.G.A. §§ 43-1-25, 43-38-4(d)(1), (3), 43-38-6(9), 43-38-7(b)(1), 43-38-10.1(b)(1).

Original Rule entitled "Concealed-Armed Private Detective Personnel" was filed as Emergency Rule 509-3-0.8-.06 on October 13, 1981; effective October 7, 1981, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.

Amended: Emergency Rule 509-3-0.8-.06 repealed and permanent Rule of same title adopted. Filed December 15, 1981; effective January 4, 1982.

Repealed: New Rule of same title adopted. F. Apr. 5, 2002; eff. Apr. 25, 2002.

Repealed: New Rule entitled "Basic Training Requirements for Private Detectives" adopted. F. Dec. 12, 2006; eff. Jan. 1, 2007.

Amended: F. July 6, 2022; eff. July 26, 2022.

Note: Correction of non-substantive typographical errors, subparagraphs (1)(a)2. and (1)(b), "OCGA" to "O.C.G.A."; subparagraph (1)(a)3. ii, "509-2-.02" to "509-2-.02"; subparagraph (1)(m)3., "amendment" to "Amendment"; subparagraph (1)(n)4., "interference" to "Interference", as requested by the Board. Effective September 12, 2022.