Sources of Information PDF

Study Unit
Sources of Information
By
Leroy E. Cook
Copyright 2004 by Education Direct, Inc.
All rights reserved. No part of the material protected by this copyright may be
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be mailed to Copyright Permissions, Education Direct, 925 Oak Street, Scranton,
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All terms mentioned in this text that are known to be trademarks or service
marks have been appropriately capitalized. Use of a term in this text should
not be regarded as affecting the validity of any trademark or service mark.
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 8 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 and
explains some of the many sources of
information available to you as a private
investigator. First, youll learn what type
of information is available and how an
understanding of this information is critical to your success
as an investigator. Overall, youll 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, youll 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 investigative
information
Explain the use of public libraries as investigative resources
Discuss how to use field investigation relating to research
activities
Describe how to avoid misusing information resources in
ways that might cause legal complications
Work with people to obtain needed information
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TERMINOLOGY 1
PUBLIC AND PRIVATE RECORDSA
BROAD OVERVIEW 2
Public Records 7
Federal Records and the FOIA 8
State Records 10
Private Records 16
Publications 17
Computerized Databases 19
Field Investigation 20
People 21
UNDERSTANDING PUBLIC AND PRIVATE
RECORDS 24
Definition of Public Records 24
Searching Public Records 24
Public, Private, and Personal 25
Where Public Records Are Held 26
Common Public Records Access Methods 27
CATEGORIES OF PUBLIC RECORDS AND
INFORMATION 33
Business Records 33
Lien and Security Interest Records 36
Real Estate and Tax Assessor Records 38
Bankruptcies 38
Important Individual Records 39
USING A PUBLIC RECORD VENDOR 48
Distributors and Gateways
(Proprietary Database Vendors) 48
Search Firms 49
Local Document Retrievers 49
Other Private Investigation Firms 50
Information Brokers 50
Selecting the Best Vendor for Your Needs 50
USING INFORMATION RESOURCES: A REVIEW 51
Motor Vehicle Records 51
Court Records 53
Recorded Transactions 58
Corporate and Business Records 60
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Praying for Private Records 60
Libraries as Investigative Resources 61
Database Searching 62
AVOIDING INFORMATION PITFALLS 68
Misidentification 68
Violating the Fair Credit Reporting Act (FCRA) 70
Accessing Information Confidential by Law 72
THE INTERNET 75
The Power of the Internet for Investigation 75
Search Engines 76
Boolean Logic 76
SUMMARY 79
PRACTICAL EXERCISES 79
Exercise 1 79
Exercise 2 80
SELF-CHECK ANSWERS 81
EXAMINATION 83
1
TERMINOLOGY
affidavit Any written document in which the signer swears
under oath before a notary public or someone authorized
to take oaths (like a county clerk) that the statements in
the 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 to
provide official public notice.
credit header The identifying (noncredit related) part of a
credit report.
deposition The taking and recording of testimony of a wit-
ness under oath before a court reporter in a place away
from the courtroom before trial.
distributors Firms who combine public sources of bulk
data and/or online access to develop their own database
products.
exhibit A copy of a paper attached to a pleading (any legal
paper filed in a lawsuit), declaration, affidavit or other
document, which is referred to and incorporated into the
main document.
FCRA Fair Credit Reporting Act.
FOIA Freedom of Information Act.
gateways Companies that either compile data from or
provide automated access to primary distributors.
Google A powerful major search engine.
hypertext search A type of computer-assisted search in
which you look for every occurrence of a word in the
database.
identifier Any item of information specific to an individual.
Internet A large number of computers connected around the
world using a common protocol.
repository A place where records are kept.
service of process The delivery of copies of legal documents
such as summons, complaint, subpoena, order to show
cause (order to appear and argue against a proposed
order), writs, notice to quit the premises and certain other
documents, usually by personal delivery to the defendant
or other person to whom the documents are directed.
sting operation The police provide an opportunity to
perform an illegal act and arrest those who respond.
PUBLIC AND PRIVATE
RECORDSA BROAD OVERVIEW
Information is available in quantities never before dreamed
of. The Information Age has dawned and become part of the
new world of the twenty-first century. One can almost drown
in the mass of information thats now available. Private inves-
tigators must position themselves as the masters of this
mass of information. To harness this arsenal of information
effectively, you as a private investigator must understand the
classifications, characteristics, and capabilities of investiga-
tive information resources. Grouping the many sources of
information by type into a manageable classification is useful
to a professional investigator.
Information sources and resources can be classified into the
following six types:
Public and private recordsPublic agencies and private
organizations create or keep a variety of records. These
include hybrid records (a blend of several records) such
as credit reports, which are produced and maintained by
private organizations but whose use is regulated by law.
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The strict definition of public records is those records
maintained 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 through
newspapers, journals, books, and other forms of
publication such as microforms and microfiche.
Computerized databases are compilations of multiple
items of information that can be searched based on one
or more data items. They can be stored on a CD or can
be accessed online.
The InternetAlthough the Internet is actually a system
of connections and servers that mainly provides a way of
accessing public and private information, publications,
and databases, its so enormous it can be thought of as a
separate source of information.
Field investigation involves contacting individuals and
physically inspecting or examining incident sites to find
potential information or evidence.
People are also a major source of information in the
private investigation business. To obtain information or
evidence, you must interact with personsclients and
witnesses, for examplethat you think may have knowl-
edge of the events in question (Figure 1).
Each information type has unique characteristics, which you
must understand and appreciate before you can use the
resource and before you can identify the possible interaction
of information types.
Lets begin by taking a look at each type of information
resource.
Think about your life. From birth to death, records are created
about major events as well as routine transactions and
unintended incidents. A birth certificate is generally the first
official notice of a persons life. Its filled out at the place of
birth 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 a
records repository near the place of birth. However, theres
record keeping that occurs even before a person is born.
Medical and insurance paperwork, for example, will reflect
the mothers pregnancy and prenatal care. Some pregnancies
can be indicated in legal documents. Divorce actions typically
require a statement about whether the wife is pregnant at the
time of the petition for divorce. Personal injury lawsuits will
cite a claim for an unborn child or for a mother who loses an
unborn baby from an accident.
Incidents occur throughout the lives of people and organiza-
tions, and records of such incidents are made and kept by
public and private organizations. For example, the following
records 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 1People are
an important source of
information.
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Besides records of official notice and routine transactions
such as sales and contracts, some private and even intimate
events generate paper records. Consider paternity. A sexual
relationship, which we dont document, produces a child
(Figure 2). The mother may seek child support, or the father
may try to establish parental rights. In either case, the
intimate act, which would otherwise have gone unnoticed,
becomes a matter of public record. In fact, theres a potential
paper trail on almost everything. Successful investigators
understand this and learn how to use it to help their clients.
Figure 3 is a list of public records. Although the list is lengthy
and includes a good variety of record types, its by no means
all-inclusive.
FIGURE 2Unless some-
one sues for paternity or
palimony, theres often no
official documentation of
an intimate relationship.
Whats the difference between public and private records?
Simply put, public records are available to the public, and
private records arent. Public records are usually compiled
and kept by government agencies; private records are owned
and largely controlled by individual people and private organ-
izations. The records of government arent 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
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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 3Youll probably
use many of these public
records in your job as an
investigator. In fact, youll
undoubtedly discover other
public records that can aid
in tracking down information.
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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 phone
in the network of the local phone company
Public Records
Governments produce incredible amounts of paperwork.
Beyond the volume of laws and regulations produced at all
levelsfederal, state, county, and localgovernments require
that records be kept to assure the proper enforcement of laws
and administration of programs. Overall, public records are
made and kept by public officers in the conduct of official
business. A public record may be created and kept by one
agency and provided to other agencies.
A perfect example of shared, but restricted, information is
arrest records. People are arrested throughout the United
States by many levels of law enforcement. Quite often a
person whos arrested or wanted for arrest has the same or
similar name or even identifying characteristics as another
person. 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 state
lines. The NCIC receives input from federal, state, county,
and local law enforcement agencies. Contrary to the scenarios
portrayed by fiction writers, the information in the NCIC isnt
available to private investigators. States that subscribe to
NCIC must agree to restrict its use and the distribution of
information obtained from it. Although several states allow
open access to their own criminal history data, those same
states are obliged to withhold information that they obtain
from other states through NCIC. Computers keep records of
who 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 of
agencies only in the executive branch of the federal govern-
mentthat is, departments and bureaus such as the Depart-
ment of the Interior, the Federal Bureau of Investigation, or
the Social Security Administration. The judicial branch (the
Supreme Court and other federal courts), the legislative
branch (Congress), and state and local governments are
exempt from FOIA. Federal agencies under FOIA are required
to supply material requested from their files. However, infor-
mation may be withheld for a variety of reasons including
personal privacy, disclosure of trade secrets, law enforcement
investigative interests, or national security.
To make a request under the FOIA, you must present a
written request to the agency that you believe possesses the
information you need, and you must be as specific as possi-
ble about the information you seek. A government agency
under the FOIA may charge a fee for reasonable costs related
to research and copying, depending upon the magnitude and
complexity of the search required to comply with a FOIA
request.
Another factor affecting FOIA requests is response time. If an
agency denies you access to federal records, you must file a
written request (Figure 4). The agency is required to respond
within 10 working days of the request. The response may be
any of the following:
Providing the information
Advising you they need more time
Denying the request
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In real-world practice, agencies often dont meet the 10-day
deadline. Technically, a lack of response within 10 days may
be regarded as a denial. If you feel youve been denied, you
may file an administrative appeal, which adds still more time
to the process. The FOIA does provide for the award of rea-
sonable attorney fees and litigation costs to petitioners who
are wrongly denied access, but the courts have been reluc-
tant to award attorney fees solely because of an untimely
response. Since the terrorist attacks of September 11, 2001,
some government agencies have removed previously available
Web sites and tightened up on responding to FOIA requests.
Figure 5 lists additional sources of information on the
Freedom of Information Act.
Date
Agency Head (or Freedom of Information Act Officer)
Agency Name
Agency Address
City, State, Zip Code
Re: Freedom of Information Act Request
Dear _____:
Under the Freedom of Information Act, I request that a copy of
the following documents (or documents containing the following
information) be provided to me: (Identify the documents or
information as specifically as possible.)
I am a private investigator seeking information for evidence or
as research for evidence for use in legal proceedings and not
for commercial use. Disclosure of the requested information to
me is in the public interest because its likely to contribute
significantly to public policy as it will assist the parties and the
judiciary in the consideration of all relevant evidence. I am
willing to pay fees for this request up to a maximum of $___.
If you estimate the fees will exceed this limit, please inform
me first.
Sincerely
Your Name
Your Address
City, State, and Zip Code
Telephone Number
FIGURE 4Sample of a
Freedom of Information Act
Request Letter
State Records
State information policies are guided by their laws relating to
public records and open meetings. Each states laws differ,
but generally all define public records as those that are made
and 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 are
imposing restrictions on access.
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Your Rights to Federal Records: Questions and Answers on the Freedom of Information
Act and the Privacy Act
Superintendent of Documents
U.S. Government Printing Office
Washington, DC 20402
Step-by-Step Guide to Using the Freedom of Information Act
American Civil Liberties Union
Publications Department
122 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 Information
Act requestthat is, the appropriate federal agency branch office nearest you.)
Findlawdo 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 FOIAs exemptions, its law enforcement record exclusions, and its most
important procedural aspects. Available at http://www.usdoj.gov/oip/foi-act.htm (or
go to http://www.usdoj.gov/ and click on FOIA, then Reference Materials)
Society of Professional Journalists FOI Resourceshttps://www.spj.org/foia.asp (or
go to https://www.spj.org/ and click Resources, FOIA)
The Freedom of Information Center at the University of Missouri School of
Journalismhttp://www.missouri.edu/~foiwww/
FIGURE 5Additional Sources and Guides on the Freedom of Information Act
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Real Estate Ownership
Real estate ownership records serve to identify owners of
particular parcels and are associated with the payment of
property taxes. A few states dont maintain alphabetical
listings of property owners, but instead identify the property
owner by the property address or a legal description.
Recorded Transactions
Recorded transactions are usually registered at the county
level in grantor-grantee indices. They include deeds of various
types, mortgages and deeds of trust (and satisfactions there-
of), homestead declarations, agreements, judgments (and
satisfactions of judgments), taxes and liens, notices of
trustees sale, and Uniform Commercial Code financing
statements (and amendments and terminations). In addition,
county recorders record virtually any other type of document
a person might wish to have appear on the official record.
Often recorded are certificates of honorable discharge from
the armed forces and death certificates that affect the owner-
ship of real estate.
Assessors Records
Tax assessors are responsible for estimating the value of real
estate for the purposes of taxing that value. Property assess-
ments and property tax payments are directly associated with
real estate ownership records and reflect information such as
property address, parcel number, legal description, estimated
market values, and assessed valuation of real property and
improvements for tax purposes. Property tax payment
records, maintained by county treasurers, include the tax
and ownership history of a property, the taxes assessed, and
the 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 are
the buildings erected
on the land.
A deed of trust is a
document that pledges
real property to secure
a loan, used instead of
a mortgage in several
states.
Satisfaction occurs
when the person owed
money receives payment
in full.
Court Records
In the United States, the right to due process is protected
(and documented) in records kept in federal, state, and local
court systems. At the lower court levels, such as municipal
and justice of the peace courts, such records are retained for
only a few years. Higher courts and appellate courts, on the
other hand, maintain court records for longer periods, even-
tually storing older records in archival formats on microforms
or microfiche. These higher court decisions are also often
published in large volumes once or twice a year, as they set
precedents for other courts when making decisions in similar
cases (Figure 6).
Court records cover the full range of litigation issues, such as
criminal matters, civil lawsuits, domestic relations, family law
and divorce, personal injury, and even tax disputes. In the
federal courts there are bankruptcy courts for legal relief of
financial burdens and magistrate courts for a number of
lesser federal criminal offenses. Federal district courts handle
a full range of serious civil and criminal cases.
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Due process refers to
the right of all
Americans not to be
deprived of any rights
without going through
the legal procedures
designed to protect
those rights (i.e., a
trial).
FIGURE 6Records of higher
courts are published in book
form.
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An excellent resource for the structure and jurisdictions of
state courts is the State Court Caseload Statistics (Annual
Report), National Center for State Courts, 300 Newport
Avenue, Williamsburg, VA 23187-8798.
Corporate Records
To have legal standing and to be able to conduct business in
a state, corporations must be incorporated or chartered.
Minimum incorporating data usually includes articles of
incorporation (for a corporation organized within the state) or
a registration of a foreign corporation (for a corporation organ-
ized in another state), a business address, annual statements
of officers and directors, and the identification of a statutory
or registered agent authorized to accept service of legal
papers for the corporation. Articles of incorporation is a
document, filed with a U.S. state by a corporations founders,
describing the name, purpose, place of business, and other
details 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 the
subjects of litigation involving fraud or criminal conduct
Financial statements that outline the assets and
liabilities of the firm
The custodians of state-mandated corporate filings vary, but
theyre generally kept with the states secretary of state, a
corporation commission, or corporations department.
Businesses other than corporations, such as limited partner-
ships, general partnerships, and sole proprietorships, also
have registration requirements. A limited partnership is like a
corporation in that it shields the limited partners from liability
beyond their investment. Most states require a limited
partnership to register its business name, address, purpose,
the general partner (who is liable for all debts but also has
more involvement in running the business), the statutory or
A corporation is a form
of business where the
company has separate
legal standing from its
owners and those own-
ers are protected from
being personally liable
in the event that the
company is sued.
registered agent, and a list of all limited partners. Limited
partnership records are generally kept with the secretary of
state or a corporation commission or department.
General partnerships are business organizations of two or more
parties who arent married (other than a couple dealing with
sole and separate property). Unlike corporate shareholders
and limited partners, partners in a general partnership may
be held liable for all the debts of the partnership. For exam-
ple, suppose Smith and Jones are partners, and Smith, with
or without the knowledge and consent of Jones, orders
$100,000 worth of equipment. Both Smith and Jones are
liable for this payment. If the partnership cant pay the debt,
the individual partners may be required to pay. For such
reasons, most states require that general partnerships identify
themselves as such and identify the partners. As new part-
ners are added or as old partners leave, some type of public
notice is generally required. When a general partnership
ends, theres often a public notice of that act, as well.
Partnership agreements, amendments, and terminations
are usually recorded with the county recorders office in the
county in which the general partnership does business.
Sole proprietorships are companies owned by one person (or
by a husband and wife). Although there are registration
requirements for sole proprietorships, theyre much less
complex than the requirements for other forms of business
organization. The most common form of registration for a
sole proprietorship is the registration of the business name,
especially if the business name doesnt incorporate the pro-
prietors name. For instance, John Wilson might register
Wilsons Wonderful Landscape Service, but might not see
the same need to protect the trade name of John Wilson
Landscaping (unless he wishes to preserve the trade name
from other persons named John Wilson). A business name
registration, sometimes called a fictitious business name, is
filed with the county recorder. Also, many cities and towns
require a business to register when its subject to sales taxes.
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Occupational Licenses
Professional and occupational licensing requirements are
extensive throughout the United States, and vary considerably
from state to state. Figure 7 is a general summary listing of
different professions and occupations for which licensing
information can be obtained. Licensing usually involves satis-
fying certain education requirements, passing a test, and
paying fees.
Each state differs in the types of records available for public
review. Public review is a right private investigators share
with any citizen. A private investigators license rarely provides
special access to information, with the exception in some
states of drivers license and motor vehicle information.
Public agencies deal with a wide range of information, not all
of which is public. Personal and business income tax records,
for instance, are universally considered confidential, so much
so that its illegal for governments to release such information
even to other governments and agencies (Figure 8). However,
Profession Licensing
Accountant State accountancy board
Attorney State or county bar association
Dentist State dental board
Electrician State board of examiners
Physician State medical board
Realtor State real estate department
Teachers State board of education
Occupation Licensing
Contractor State registrar
Hair stylist State barbers board
Investigator State police
Manicurist State cosmetology board
Security guard State police
This listing is simply illustrative. An excellent resource for state
level public records, including corporations, limited and general
partnerships, sole proprietorships, and professional and occu-
pational licensing, is The Sourcebook to Public Record
Information, BRB Publications, Inc., P.O. Box 27869, Tempe,
AZ 85285-7869.
FIGURE 7Professions and
Occupations Often Licensed
by States
there are legal means to obtain some income tax records. Tax
courts exist at federal and state levels so taxpayers and tax
collectors may thrash out their differences, and tax collectors
also bring criminal tax cases before criminal courts. In such
cases, a copy of the tax returns and schedules in question is
often a part of the public court record. Such records are
often several years old by the time they appear. The point to
remember is that even if a record is confidential by law, there
may be other legal means to obtain it.
Private Records
Most individuals and organizations keep records of some kind
or another. A checking account register is an example of a
private recordkept largely to track available funds and to
make sure the bank doesnt get by with mistakes. A private
checkbook can be used as an investigative tool. For example,
a witness may not recall the date of an event, but can place it
in relation to a major financial transaction such as a medical
bill. In such a case, you might not be able to talk the witness
into allowing you to pore over the check register, but the wit-
ness may refer to the register and advise you that she knows
the incident took place on the 19th because the day after (the
20th) she had a doctors appointment, which she can prove
by her check register.
The variety of possible private records is endless. Individuals
keep track of bills received and bills paid, cash register
receipts, letters, auto mileage logs, credit card records, tax
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FIGURE 8A persons tax
records arent public, even
though theyre collected by
the government.
17
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 inspect
private records unless that investigator has a court order or
the owner gives up his or her right to privacy by turning
them 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, youll
receive. Any time an investigator can gain access to the
private records of a person or organization, its a triumph of
persuasive skill.
Publications
Apart from records produced by public agencies, numerous
publications address information and research needs for
business and industry. Such publications include printed
directories of various types. Many also appear in microfilm or
microfiche formats. Telephone directories, for instance, are
published for virtually every community with phone service
which is almost universal in the United States. Local libraries
keep current directories, including commercial listings, and
many libraries also maintain previous directories.
Before the widespread use of online databases, most estab-
lished private investigation offices had wall-to-wall shelves
filled with old and new phone books and city directories. City
directories were frequently referred to as crisscross directories
or reverse directories, because they were organized by address
and phone number as well as by name, instead of by name
only as in a regular phone book. Even today, some larger
state and regional libraries keep directories for decades. In
Arizona, for example, the State Department of Library and
Archives has telephone directories for the Phoenix metropolitan
area dating back to the 1950s.
Many libraries subscribe to Phonefiche, a service that pro-
vides microfiche copies of complete community telephone
directories across the United States. Instead of paying
directory assistance fees to survey a state or region, you can
use the microfiche at the library to identify persons with the
same or a similar name. Business directories list business
addresses and telephone numbers, business activities, and
contact information such as chief executives, officers, and
purchasing agents.
Newspapers, magazines, and journals are, of course, other
valuable sources of published information about people,
organizations, and events. More and more, such information
is becoming available through computer databases. For
information that hasnt been computer indexed, you can use
reference tools like the Readers Guide to Periodical Literature
and other subject-oriented indices of printed information.
Reference librarians can be a tremendous resource in helping
you identify which of many possible directories, indices, or
publications are the most appropriate for your investigative
project (Figure 9). Small community papers that arent for-
mally indexed may also offer opportunities for discovery.
Some libraries build their own files of news reports of major
community interest, such as deaths of prominent citizens,
crimes, and disasters.
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FIGURE 9Reference librar-
ians can be a tremendous
resource.
19
BRB Publications publishes books on subjects such as
state/county records, MVR records, private source records,
and other types of recorded information. Electronic media is
also available.
Computerized Databases
In the movie Apollo 13, astronaut Jim Lovell (portrayed by
Tom Hanks) speaks of the technological miracles of the space
program. He boasts of a computer that can fit in one room.
What was a breakthrough at the time of Apollo 13 is now
commonplace. The explosion of personal computers has
placed such power on desktops and even in the palms of peo-
ples hands. The business world of private investigation still
has some investigators who havent embraced computers as
investigative tools. In the future world of private investigators,
it will be virtually impossible to operate without computer
power for investigations as well as for business applications
such as word processing and accounting (Figure 10).
FIGURE 10Computer-
literate investigators are
on the cutting edge of the
future.
In simple form, a telephone book is a databasea collection
of names, addresses, and telephone numbers. Although its a
valuable tool, its rather limited in its applications. To use
most phone books, you must know at least the last name of
the person you wish to look up. Some printed phone books
have begun providing a phone number reverse directory
section, but these are still the exception. You can use a com-
parable computer phone listing if you know a persons name,
address, or phone number. A computerized phone listing can
be organized and reorganizedalmost instantlyby any field
(last name, street address, city, state, zip code, telephone
number). Computer databases have distinct advantages over
printed publications in terms of the quantity of information
they can hold and the potential for combining information
typesthat is, the manipulation of data.
Just as personal computers have exploded on the scene, so
too have database services. Commercial database services
are available for virtually every subject area, and theyre
searchable according to almost any detail. Such services can
be purchased directly through the information vendor or
through third- and fourth-party providers such as a gateway
service or an information broker. With the arrival of read-only
memory compact discs (called CD-ROMs), its possible to have
a set of discs holding more than 90 million telephone listings
available for searching on your desktop computer.
Field Investigation
As an information resource, field investigation and observa-
tion are invaluable (Figure 11). Field investigation means
going where events happened, where witnesses are, or where
evidence might be. It means going to the scene of the crime
or accident, even long after the event. Understanding the
physical setting and the potential interaction of movable
and immovable objects is always useful for an investigator.
Sometimes it involves taking still photographs from all
angles, videotaping the area, or preparing diagrams.
20
21
To find out where evidence or witnesses are or might be is a
significant purpose of field investigations. If youre trying to
locate a person, a visit to a particular area might reveal a
vehicle whose registration information you can check. Some-
times inspecting a site opens opportunities to see a person or
object of critical importance.
Field investigation should always be considered as a possibil-
ity. Still, not all investigations will allow for field work due to
practical limitationsyou cant always run off to another
state just to check something out. Most clients dont wish to
pay for such service.
People
In a sense, people can be the most usefuland the most
dangerousinvestigative resources. Many people are willing
to provide information about anything, whether they know
anything or not. Its the investigators job to find the people
who have meaningful information.
FIGURE 11Field investigation
is an invaluable investigative
tool.
Calls to a business office by a skilled investigator can yield
valuable information without revealing the investigation.
Current or former neighbors, business associates, friends, or
spouses can provide facts and details available nowhere else.
On the other hand, those same people may provide little or
no information, may immediately tip off the subject of an
investigation, or even provide false information to throw off
the investigation. So be careful in approaching actual or
potential witnesses. Open contacts, as opposed to sub rosa or
clandestine contacts, will be discussed more fully in a later
unit.
The types of people resources are as diverse as the human
race. Some neighbors pay no attention to those around them;
others know whenever a neighbor has a visitor, leaves the
house, or takes out the trash. Ex-spouses are often consid-
ered as adverse sources of information; yet some are friendly
with their ex-mates or have a vested financial interest, such
as alimony or child support payments. Even if you make an
anonymous approach by telephone, think it through carefully
first.
Before learning about using the resources outlined here, take
some time to complete Self-Check 1.
22
23
Self-Check 1
At the end of each section of Sources of Information, youll be asked to pause and check
your understanding of what youve just read by completing a Self-Check exercise.
Answering these questions will help you review what youve studied so far. Please complete
Self-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 local
governments.
3. The two types of business organizations that shield their owners from liability beyond
their 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 site
inspections.
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 AND
PRIVATE RECORDS
Definition of Public Records
The strict definition of public records is as follows:
Those records maintained by government agencies that
are open without restriction to public inspection, either
by statute or by tradition.
If access to a record thats held by a government agency is
restricted in some way, then its not a public record. Adding
to the mystique of government records is differences in acces-
sibility. For example, in some states a specific category of
records may be severely restricted, and therefore those
records arent public, while in other states the very same
category of records is 100% open. Among these categories are
criminal histories, vehicle ownership records, and workers
compensation records.
Remember: Just because records are maintained in a certain
way in your state or county, dont assume that any other
county or state does things the same way youre used to.
Searching Public Records
Most investigators use information from public records in
some manner. Since public records must be kept, theyre
plentiful, and they usually can be accessed without alerting
the subject. Motor vehicle data, whether for drivers licenses
or vehicle ownership, is frequently used. Court records are a
major resource, as are recorded transactions. However, each
24
A significant portion of the following part of this section has
been 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, has
graciously allowed us to edit the text and incorporate it into this
section to give you a better understanding of public records.
25
source yields different information. Successful investigators
ones who get the best resultsknow how to work each
resource. As with any other tool, you must learn how to work
the tool. Dont let the tool work you.
The following discussion covers major types of public records
and the facts that can be gleaned from them.
Public, Private, and Personal
Before reading further, lets define the types of records
held by government or by private industry. The boundaries
between public and private information arent well understood,
and continually undergo intense scrutiny. The following is an
introduction to the subject from a viewpoint of a professional
record searcher.
Public Records
Public records are records of incidents or actions filed or
recorded with a government agency for the purpose of notify-
ing othersthe publicabout the matter. The deed to your
house, recorded at the county recorders office, is a public
recordits a legal requirement that you record with the
county recorder. Anyone requiring details about your property
may 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 flow
of commercial and private communications. If youre unlisted,
then your phone number isnt public information.
Personal Information
Any information about a person or business that the person
or business might consider private and confidential in
nature, such as your Social Security number, is personal
information. Such information will remain private to a limited
extent unless its disclosed to some outside entity that could
make it public. Personal information may be found in either
public records or in public information.
Because of the rise in identity theft, personal information is
becoming more closely guarded. For example, whereas some
states once used peoples SSNs on their drivers licenses,
theyre now using unique numbers to prevent a thief who
steals a wallet from learning the victims SSN.
How Personal Information Enters the Public Domain
Many people confuse the three categories above, lump them
into one and wonder how Big Brother accumulated so
much information about them. Therefore, these distinctions
are important. The reality is that much of this information is
given willingly.
Actually, there are two ways that personal information can
enter the public domainstatutory and voluntary. In a
voluntary transaction, you share personal information of your
own free will for personal or business reasons. For example,
your doctor may require you to provide your SSN, or you may
give your address and credit card number to a retail catalog.
In a statutory transaction, you disclose personal information
because the law requires you to. For example, you must give
your address to the Department of Motor Vehicles to get a
drivers license.
The confusion of terms used today feeds the increasing
conflict between privacy advocates and commercial interests.
This, in turn, is driving legislation towards more and more
restrictions on the dissemination of personal information
the same personal information that, in fact, is willingly
shared by most people and companies in order to participate
in 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 populated
counties, are computerized, many others use microfiche,
microfilm, and paper to store files and indexes. Agencies that
26
27
have converted to computer wont necessarily place complete
file records on their system; theyre more apt to include only
an index, pointer, or summary data to the files.
Private enterprises develop their databases in one of two
ways:
They buy the records in bulk from government agencies.
They send personnel to the agencies and compile this
information by using a copy machine or keying informa-
tion into a laptop computer.
Once compiled, the database is then available for internal
use or for resale purposes. One company may maintain a
very comprehensive database of civil judgments, tax liens,
Uniform Commercial Code filings, and bankruptcy data
gathered from the Mid-Atlantic States, while other companies
specialize in records from other areas.
Common Public Records
Access Methods
The following is a look at the various methods available to
access public records.
Visit in Person
Visiting the location where public records are stored is easy if
you live close by. Many courthouses and recorders offices
have 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 incur
a fee for copies. A signed release is a common requirement
for accessing motor vehicle and criminal records.
Mail, Fax, or Telephone
Although some agencies permit phone or fax requests, the
majority of agencies prefer requests by mail. Some agencies
consider fax requesting to be an expedited service that incurs
higher fees. Agencies that permit telephone requests may
merely answer Yes or No to questions such as Does John
Doe have a civil court case in his name?
Online
Going online, that is, connecting your computer to a computer
or computers off premises, is the technology behind the
Internet. However, theres more to online than the Internet.
There are still many services that allow users to dial straight
in by phone, without using the Internet at all. The Internet
may be a free means to certain agency records, or it may be
the conduit to a subscription or commercial site. This method
of commercial online access is much more prevalent at the
state level than at the county level. Many agencies, such as
departments of motor vehicles, make their information avail-
able only to preapproved, high-volume, ongoing accounts
who, in turn, make it available for a fee to individual users.
Certain agencies post public record data on the Internet for
free. Two examples are secretary of state offices (whose
records 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 and
summary data, rather than document images. In addition, a
growing number of state licensing boards are posting their
membership lists on the Internet (although addresses and
phone numbers of the licensed individuals typically arent
listed). Its possible to search these listings to find out if a
certain professional has been the subject of complaints or
disciplinary actions.
Also, the Internet is a good place to find general information
about government agencies. Many Web sites enable one to
download, read, or print current forms, policies, and
regulations.
28
NETR Online Real Estate Information & Public Records Research
is a good place to find public records on the Web. Its an infor-
mation portal to official state Web sites, and provides contact
information for states that dont have their records available
online.
Go to http://www.netronline.com/public_records.htm.
29
The availability of online public records isnt as widespread
as one might think. According to some research, only 20% of
public records can be found online. Most of the county agen-
cies offering online access are recorders offices and tax
assessors (Figure 12). At the state level, UCC filing and
corporation and business ownership records are frequently
found online. However, you wont 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 like
Westlaw or Lexis-Nexis. These services are expensive, and
some searches cant be conducted except by lawyers.
A strong word of cautionmany government online sources
shouldnt be used as the sole search for due-diligence needs,
such as compliance with the Fair Credit Reporting Act. Many
government Web sites offering online record access include a
warning or disclosure statement that the data can have
errors and should be used for informational purposes only.
Keep in mind the more than 200 private companies offering
online access to their proprietary databases of public records
information. These companies present many records that
may not otherwise be found online via the government online
sources.
FIGURE 12Real estate ownership information can often be found online.
Hire Someone Else
As mentioned previously, one method to access public records
is from a vendor. These companies must comply with state
and federal laws, so if the government agency wont a release
a record, chances are a vendor company wont either. There
are a variety of types of companies that can be hired to
perform record searches.
Fees, Charges, and Usage
Public records arent necessarily free of charge; certainly not
if theyre maintained by a private company. Remember that
public records are records of incidents or transactions. These
incidents 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 and
track 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 accurate
and coming from the particular agency). Fees can vary from
$.10 per page for copies to a $25 search fee for government
personnel 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 a
public records database, it generally does so to offer these
records 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. Some
vendors, especially smaller ones, still provide information by
phone to subscribers.
There are a number of public records search firmscompanies
that will do a name searchfor a fee. These companies dont
warehouse records, but instead search on demand for a
specific name. Some of these companies refer to themselves
as private investigators, but selling the results of searches
isnt the same as investigation.
30
31
Private companies usually offer different price levels based on
volume of usage, while government agencies have one price
per category, regardless of the number of requests.
Before you go on to the next section, take time to complete
Self-Check 2.
32
Self-Check 2
1. Define public records.
__________________________________________________________________________
2. Is the deed to a house thats recorded with the county recorder private or public
information?
__________________________________________________________________________
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 private
investigators 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.
33
CATEGORIES OF PUBLIC
RECORDS AND INFORMATION
The following descriptions fall into our definitions of either
public records or public information. In considering these
definitions, keep the following points in mind:
Very little government record information is truly open to
the public.
Even presumably harmless information is subject to
restrictions somewhere in the United States. Likewise,
items that you believe should be highly confidential are
probably considered public information in one or more
states.
Just because your state or county has certain rules,
regulations, and practices regarding the accessibility and
content of public records doesnt mean that any other
state or county follows the same rules.
Business Records
Corporation Records
Checking to see if a company is incorporated is considered a
status check. The information that results from a status
check 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 paper
trail or to find affiliates of the subject of your search. Some
states 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 useful
information about a business or business owner. However,
corporate records may not be a good source for a business
address, because most states allow corporations to use a
registered agent as their address for service of process.
Partnership Records
Some state statutes require registration of certain kinds of
partnerships. Sometimes, the names and addresses of part-
ners may be available from the same office that handles
corporate records. Some states have a department created
specifically to administer limited partnerships and the
records associated with them. These filings provide a wealth
of information about other partners. Such information can
be used to uncover other businesses that may be registered
as well.
Limited Liability Companies
A newer form of business entity thats similar to a corporation
but has the favorable tax characteristics of a partnership, is
known as the limited liability company (LLC). An LLC is legal
in most every state. An offspring of this, which many states
now permit, is the limited liability partnership (LLP).
34
FIGURE 13Status Check of a Corporation
35
Trademark and Trade Name
Whats a trademark or service mark? A trademark is a word,
name, symbol, or device which is used in trade with goods to
indicate the source of the goods and to distinguish them from
the goods of others. A service mark is the same as a trademark
except that it identifies and distinguishes the source of a
service rather than a product. The terms trademark and
mark are commonly used to refer to both trademarks and
service marks.
Trademark rights may be used to prevent others from using
a confusingly similar mark but not to prevent others from
making the same goods or from selling the same goods or
services under a clearly different mark. For example, Coca-
Cola could successfully prevent another company from
marketing a drink called Coco-Cola, but cant prevent Pepsi
from marketing Pepsi-Cola. Trademarks used in interstate or
foreign commerce may be registered with the Federal Patent
and Trademark Office. The registration procedure for trade-
marks and general information concerning trademarks is
described in a booklet entitled Basic Facts about Trademarks,
available from the federal government.
Trademarks and trade names may be referred to at the state
or local level as fictitious names, assumed names, or D/B/As.
States (or counties) wont let two entities register and use the
same (or similar) name or trademark.
Typically, the agency that oversees corporation records at the
state level usually maintains the files for trademarks and
trade names. Most states will allow verbal status checks of
names or worded marks. Some states will administer
fictitious names at the state level while county agencies
administer trade names, or vice versa.
Sales Tax Registrations
Any individual or firm that sells goods or services that are
subject to tax is required to register with the appropriate
state agency. Such registration is necessary to collect appli-
cable sales tax on the goods and services, and to ensure
remittance of those taxes to the state.
Each sales tax registrant is given a special state tax permit
number, which may be called by various names, including
tax ID number or sellers permit number. These numbers
arent to be confused with the federal employer identification
number. There are 45 states that collect some sort of sales
tax on a variety of goods and services. Of these, 38 will at the
very 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 purchase
by the public. These companies are required to share material
facts about the business with existing and prospective stock-
holders. The federal Securities and Exchange Commission (SEC)
is the public repository for information about publicly held
companies. The SEC database, called EDGAR, is available to
anyone online at http://www.sec.gov/edgar.shtml.
Private companies, on the other hand, arent subject to
public scrutiny. Their financial information is public informa-
tion only to the extent that the company itself decides to
disclose it.
Lien and Security Interest Records
Uniform Commercial Code
All 50 states and the District of Columbia have passed a
version of the model Uniform Commercial Code (UCC). UCC
filings are used to record liens in financing transactions such
as equipment loans, leases, inventory loans, and accounts
receivable financing. The UCC allows potential lenders to be
notified that certain assets of a debtor are already used to
secure a loan or lease. (This prevents the same $100,000
building from being used as security for $400,000 of loans,
for example.) Every professional private investigator needs to
understand the UCC system and know how to obtain infor-
mation from it. Examining UCC filings is an excellent way to
find bank accounts, security interests, and assets.
36
A lien is a legal claim
against an asset thats
used to secure a loan.
If the borrower doesnt
pay off the loan, the
lienholder gets to sell
the property to recoup
the loan amount.
37
Prior to July 2001, of the 7.5 million new UCC financing
statements filed annually, 2.5 million were filed at the state
level and 5 million were filed at the local level. Now, less than
3% of filings are done at the local level. Although there are
significant variations among state statutes, the state level is
usually a good starting place to uncover liens filed against an
individual or business.
Tax Liens
The federal government and every state have some sort of
taxes, 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 or
personal property of the subject. Normally, the state agency
that maintains UCC records also maintains tax liens.
Tax liens filed against individuals are frequently maintained
at separate locations from those liens filed against businesses.
For example, a large number of states require liens filed
against businesses to be filed at a central state location (i.e.,
the secretary of states office) and liens against individuals to
be 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 wont necessarily be filed at the same
location as a lien filed by the state. This holds true for both
individual liens and business liens filed against personal
property. Typically, state tax liens on personal property will
be found where UCCs are filed. Tax liens on real property will
be found where real property deeds are recorded, with few
exceptions. Unsatisfied state and federal tax liens may be
renewed if prescribed by individual state statutes. However,
once satisfied, how long the record will remain in the reposi-
tory before its removed varies by jurisdiction.
Real property is land
and buildings; personal
property is items like
cars, TVs, clothing, and
pretty much everything
that isnt land and land
fixtures.
Real Estate and Tax Assessor Records
Traditionally, real estate records are public so that everyone
can know who owns what property. Liens on real estate must
be public so a buyer knows all the facts (a buyer of real
estate subject to a lien may have to pay the debt or risk losing
the property). The county (or parish) recorders office is the
source of these records. However, many private companies
purchase entire county record databases and create their
own database for commercial purposes.
This category of public record is perhaps the fastest-growing
category to be freely accessible over the Internet (Figure 14).
Directories such as those published by BRB Publications
indicate the recorder offices that offer Web-based name
queries and/or location searches (using maps and parcel
numbers to locate an address).
Bankruptcies
Bankruptcy is a proceeding in which an insolvent debtors
assets are liquidated (sold off) and the debtor is relieved of
further liability for his or her debts. Only federal courts
38
FIGURE 14An Example of Property Tax Records Accessible on the Internet
39
handle bankruptcy cases. Many types of financial records
maintained by government agencies are considered public
records; bankruptcy records, unlike some other court
records, are in this class of fully open court records. There
are several private companies that compile databases of case
information about people and businesses that have filed for
protection under U.S. bankruptcy laws. Bankruptcy records
are one of the most public categories of records in the United
States.
Important Individual Records
Criminal Records
Every state has a central repository of major misdemeanor
and felony arrest records and convictions. Not all states open
their criminal records to the public. Of those states that will
release records to the public, many require fingerprints or
signed release forms. The information that could be disclosed
on the report includes the arrest record, criminal charges,
fines, sentencing, and incarceration information.
In states where records arent released, the best places to
search for criminal record activity is at the city or county
level with the county or district court clerk. Many of these
searches 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 are
found within the state court system at the county level.
Municipalities also have courts. Records of civil litigation
cases and records about judgments are often collected by
commercial database vendors.
Motor Vehicle Records
The retrieval industry often refers to driving records as
MVRs. Typical information on an MVR might include full
name, address, Social Security number, physical description,
and date of birth, along with any conviction and accident
history. Also, the license type, restrictions, and endorsements
can provide background data on an individual.
In recent years, there have been major changes regarding the
release of motor vehicle data to the public. This is a direct
result of the Drivers Privacy Protection Act (DPPA). States
must differentiate between permissible users (14 are desig-
nated in the DPPA) and casual requesters to determine who
may receive a record and how much personal information
may be reported. For example, if a state DMV sells a record
to a casual requester, the record can contain personal
information (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 (the
states) sold marketing lists or individual records to casual
requesters (those requesters not specifically mentioned in
DPPA). 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 nearly
all states have this opt-in procedure in place, very few
individuals request to be placed on marketing lists.
Passage of Public Law 106-69 was dramatic, since it
essentially did away with sales of
Marketing lists
Records (with addresses and other personal information)
to casual requesters
Record databases to information vendors and database
compilers (except for vehicle recall purposes, etc.)
Other Vehicle and Vessel Records
Ownership, registration, VINs, titles, and liens concerning
non-motor vehicles, such as trailers and vessels (boats), are
all 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
40
41
or submit vehicle information to obtain an owners name and
address. However, this category of record information is also
subject to the DPPA as described above.
Accident Reports
The state police or department of public safety usually
maintains accident reports (Figure 15). In some jurisdictions,
municipalities or counties might maintain records separate
from the state. For the purposes of this chapter, accident
records are designated as those prepared by the investigating
officer. Copies of a citizens accident report arent usually
available to the public, but should be remembered as a
potential source of additional information.
Typical information found on a state accident report includes
the drivers addresses and license numbers as well as a
description of the incident. Accidents investigated by local
officials or minor accidents where the damage doesnt exceed
a reporting limit (such as $1,000) arent available from state
agencies. When state DMVs hold accident reports, they follow
the DPPA guidelines with regard to record requests.
FIGURE 15An accident
report will be written and
kept whenever theres a
motor vehicle accident.
GED Records
The GED test qualifies people for a high school equivalency
diplomathat is, they can get a high school diploma without
taking all the required classes. By contacting the state offices
that oversee GED records, one can verify whether someone
truly received a GED certificate. These records are useful for
preemployment screening or background checking purposes.
Most state agencies will verify over the phone the existence of
a GED certificate. Many even offer copies of transcripts free
of charge. When doing a record search, you must know the
name of the student at the time of the test and a general idea
of the year and test location. GED records arent useful when
trying to locate an individual.
Hunting and Fishing Licenses
Weve singled out one type of state license that merits a closer
look. When trying to locate an individual, state hunting and
fishing license records can be very informative. Currently 44
states maintain a central repository of fishing and/or hunting
license records, and 31 states permit access in some capacity
by the public. Although some of these record repositories are
literally in boxes in the basement, more and more are becom-
ing computerized.
Workers Compensation Records
Research at state workers compensation boards is generally
limited to determining if an employee has filed a claim and
obtaining copies of the claim records themselves. With the
passage of the Americans with Disabilities Act (ADA) in the
early 1990s, using information from workers compensation
boards for preemployment screening was virtually eliminated.
However, a review of workers compensation histories may be
conducted after a conditional job offer has been made and
when medical information is reviewed. The legality of per-
forming this review is subject to individual state statutes,
which vary widely.
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43
Voter Registration
Voting registration records are a good place to find addresses
and voting history (that is, when and where a person voted,
not how he or she voted), and can generally be viewed at the
local level.
Every state has a central election agency or commission, and
most have a central repository of voter information collected
from the county level agencies. The level of accessibility to
these records varies widely from state to state. Over half of
the states will sell portions of the registered voter database,
but only 10 states permit individual searching by name. This
is a case where a private public records vendor might have a
public record not obtainable directly from the state by a
private investigator. Most states allow access only for political
purposes such as get out the vote campaigns or compilation
of campaign contribution lists. Nearly every state and local
agency blocks the release of Social Security numbers and
telephone numbers found on these records.
Vital Records
Vital records are records about peoples lives, and include
birth, death, marriage, and divorce records (Figure 16).
Copies of vital record certificates are needed for a variety of
reasonsSocial Security, jobs, passports, family history,
litigation, lost heir searching, proof of identity, etc. Most
states understand the urgency of these requests, and many
offer an expedited service. A number of states will take
requests over the phone if you use a credit card. Searchers
must also be aware that in many instances certain vital
records arent kept at the state level. The searcher must then
turn 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 vendor
known as VitalChek. This independent company maintains
individual fax order telephone lines at each state office they
service. Whether its 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 good
place to order vital records online from many states (results
are still mailed).
Older vital records are usually found in the state archives.
Theres an excellent Web site of extensive historical genealogy-
related databases at http://ancestry.com/mainv.htm.
Another source of historical vital record information is the
Family History Library of the Church of Jesus Christ of
Latter Day Saints (located at 35 North West Temple, Salt
Lake City, UT 84150). They have millions of microfilmed
records from church and civil registers from all over the
world.
Social Security Numbers
The Social Security number (SSN) is the subject of a persistent
struggle between privacy rights groups and various business
interests. Since knowing a persons SSN can open a lot of
windows into his or her life, leaving the person vulnerable to
identity theft, privacy groups are trying to limit the numbers
use for nonSocial Security related purposes. The truth is
that many individuals gave up the privacy of their number by
writing it on a voter registration form, product registration
form, or any of a myriad of other voluntary (or semivoluntary)
disclosures made over the years. Some people even have it
printed on their checks.
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FIGURE 16Vital records
record information about a
persons life and death, and
every major event in
between.
45
Its probable that a good researcher can still legally find the
SSN of anyone (along with at least an approximate birth date)
with some ease. In the past, a major source for finding a SSN
was in the header of a credit report, but as time passes,
fewer and fewer credit headers will be available. Credit headers
can no longer be obtained from the credit bureaus without a
permissible use.
Credit Information
Credit data is derived from financial transactions of people or
businesses. Private companies maintain this information,
while the government regulates access to it. Certain credit
information about individuals is restricted by laws like the
Fair Credit Reporting Act at the federal level, and even more
restrictive laws in many states. Credit information about
businesses isnt restricted by law. Its fully open to anyone
who requests (and pays for) it.
A credit report essentially has two partsthe credit header
and the credit history. A credit header is essentially the upper
portion of a credit report containing the Social Security num-
ber, age, phone number, last several addresses, and any
AKAs (nicknames or aliases used for financial transactions).
Recently, access to credit header information has been closed
to most business entities. The credit history is the history of
the persons access to and repayment of creditcredit cards,
loans, late payments, etc.
July 1, 2001, was an important date for private investigators,
skiptracers, fraud investigators, and other businesses that
frequently relied on credit headers. This information had
always been available without the consent of the subject
individual. Because of a federal court ruling, beginning on
July 1, 2001, access to credit header information was treated
in the same manner as access to credit reports, meaning the
individual has to grant permission for someone to access that
information.
The basis of this change is the Gramm-Leach-Bliley Act.
Section 502 of this Act prohibits a financial institution from
disclosing nonpublic personal information about a consumer
to nonaffiliated third parties, unless a consumer has elected
not to opt out from disclosure. Trans Union and other
members of the Individual References Services Group, among
others, filed suit in an effort to keep this information open for
appropriate commercial purposes. The courts ruling denied
this argument. Originally, the ban was to begin in November
2000. However, due to the lawsuits and action involving the
FTC, 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 their
own proprietary databases. But there are some alternatives to
those business entities that rely on this type of information.
The data is grandfathered, meaning provider companies that
purchased files from the credit bureaus before the change
can continue to sell the data to their customers. Although
data will no longer be updated from the credit bureaus, the
existing data can still be used without the restrictions
imposed by the ruling. As time goes by, though, the data
becomes more out of date and therefore less useful.
The Gramm-Leach-Bliley Act didnt deny access to public
record sources or databases that may contain age, SSN,
phone, prior addresses, and AKAs. The Act only forbids
financial institutions from disclosing this data. Therefore,
those businesses that were shut off from accessing credit
headers had to investigate alternative sources of these
records. There are over 150 private companies in the United
States that maintain a proprietary database of public records.
Before you go on to the next section, take time to complete
Self-Check 3.
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47
Self-Check 3
Indicate whether the following statements are True or False.
______ 1. Items you believe should be highly confidential are never considered public
records.
______ 2. Once you know that private records exist, its 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 cant be obtained.
USING A PUBLIC RECORD
VENDOR
Even the best private investigators cant know everything
about every information source. The most effective use of
your time and the clients 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 (Proprietary
Database Vendors)
Distributors are automated public record firms that combine
public sources of bulk data and online access to develop their
own database products. Primary distributors include compa-
nies that collect or buy public record information from its
original source and reformat the information in some useful
way. They tend to focus on one or a limited number of types
of information, although a few firms have branched into
multiple information categories.
Gateways are companies that either compile data from or
provide 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 are
both primary distributors of corporate information and also
gateways to real estate information from other primary
distributors.
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49
Search Firms
Search firms are companies that furnish public record search
and document retrieval services through outside online serv-
ices or a network of specialists, including their own employees
or correspondents (see retrievers, below). There are three
types of search firms: search generalists, search specialists,
and application specialists.
Search generalists offer a full range of search capabilities in
many public record categories over a wide geographic region.
They may rely on gateways, primary distributors, or networks
of retrievers. They combine online proficiency with document
retrieval expertise.
Search specialists focus either on one geographic regionlike
Ohioor on one specific type of public record information
like driver/vehicle records.
Application specialists focus on one or two types of services
geared to specific needs. In this category are preemployment
screening firms and tenant screening firms. Like investigators,
they search many of the public record categories to prepare
an overall report about a person or business.
Local Document Retrievers
Local document retrievers use their own personnel to search
specific requested categories of public records, usually to
obtain documentation for legal compliance (e.g., incorpora-
tions), for lending, and for litigation. They dont usually
interpret the results or issue reports in the sense that
investigators do, but rather return documents with the
results of searches. They tend to be localized, but there are
companies that offer a national network of retrievers and
correspondents. The retriever goes directly to the agency to
look up the information. A retriever may be relied upon for
strong knowledge in a local area, whereas a search generalist
has a breadth of knowledge and experience in a wider geo-
graphic range.
Other Private Investigation Firms
It isnt unusual for private investigators to hire other private
investigators to find specific information. Investigators use
public records as tools rather than as ends in themselves, to
create an overall, comprehensive picture of an individual or
company for a particular purpose. They interpret the infor-
mation theyve gathered to identify further investigation
tracks. They summarize their results in a report compiled
from all the sources used.
Information Brokers
Theres one additional type of firm that occasionally utilizes
public records. Information brokers gather information that
will help their clients make informed business decisions.
Their work is usually done on a custom basis, with each
project being unique. Information brokers are extremely
knowledgeable in online research of full-text databases;
most specialize in a particular subject area, such as patent
searching or competitive intelligence. The Association
of Independent Information Professionals (AIIP), at
http://www.aiip.org, has over 700 experienced professional
information specialist members from 21 countries.
Selecting the Best Vendor for Your Needs
Before hiring an information vendor, professional private
investigators ask themselves the following questions.
Whats the frequency of use? If you have ongoing, recur-
ring requests for a particular type of information, its
probably best to choose a different vendor than if you
have infrequent requests. Setting up an account with a
primary distributor, such as LEXIS or Westlaw, will give
you 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 a
gateway to one of these vendors or can access the same
information more cheaply.
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51
Whats the complexity of the search? The importance of
hiring a vendor who understands and can interpret the
information in the final format increases with the com-
plexity of the search. Pulling a corporation record in
Maryland isnt difficult, but doing an online criminal
record search in Maryland, where only a portion of the
felony records are online, isnt so easy. Part of the
answer to determining which vendor or type of vendor to
use is to become conversant with what is (and isnt)
available from government agencies.
What are the geographic boundaries of the search? A
search of local records close to you may require little
assistance, but a search of records nationally or in a
state 2,000 miles away will require seeking a vendor who
covers the area you need to search.
USING INFORMATION
RESOURCES: A REVIEW
Understanding the six classifications of investigative informa-
tion resources helps you to narrow the range of possible
choices for a particular investigation. Its like selecting a tool.
If you need to cut a piece of wood, for example, you dont
take just any tool; you choose a saw. If you know the specific
type of saw to use for the job, your sawing will be much easier.
Its the same in conducting an investigation. When youre
looking for certain information, you should consider every
information resourcebut you dont have to use every one.
Knowing how to use investigative information resources is the
key to deciding which investigative tools are best for the task
at hand.
Motor Vehicle Records
Most adults hold a drivers license at some time in their lives.
So drivers licenses are useful sources that you should check
early in an investigation. A drivers license check typically
provides the full name of the subject, license number, issue
and 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 for
moving violations. Most states provide a physical or mailing
address, but some states wont release such information.
Following up on citations can be fruitful (Figure 17). If you
determine 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, authorities
often record a place of business or employment, home and
work telephone numbers, and sometimes a Social Security
number. If the ticket information includes the license plate
number of the subjects vehicle, you can follow up on that
information to identify other personal vehicles or perhaps a
work vehicle.
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FIGURE 17A lot of infor-
mation is collected when a
person gets a traffic ticket.
53
Vehicle registration recordsthat is, records that identify
vehicles and ownership of vehiclesare also valuable to
investigators. A vehicle is easier to spot than a person. A
careful investigator may prowl through a parking lot or a
residential area to locate a vehicle, which can then lead to
the location of its owner. Car ownership can also be a helpful
indicator of a lifestyle. Someone who drives a luxury car is
either wealthy or pretending to be wealthy.
Vehicle records usually show an acquisition date linked to a
title number, and whether a lien is applied against the title.
As with drivers records, some states provide physical or
mailing addresses while others dont. Another possible piece
of information you might find in vehicle records is the identi-
fication of a spouse or other co-owner, or an associated
business namei.e., John Wilson, d/b/a (doing business
as) Wilsons Wonderful Landscaping Service. Besides cars,
motorcycles, and trucks, motor vehicle data may also include
trailers and mobile homes.
Court Records
The best thing about court records is that someone else has
done the work and you, as a diligent investigator, can scoop
up the results. Sometimes, the subject of your investigation
does the work and it sits in a court file, on a silver platter!
Knowing which court records to check, and how to interpret
them, can dramatically affect investigative findings.
Federal courts cover large areas. One federal district court,
for instance, may have jurisdiction over an entire state. The
types of cases brought before federal courts, though, are
limited. Typical are interstate commercial disputes, federal
felony offenses, civil rights matters, and litigation concerning
federal regulatory activities. Domestic relations, divorce, pro-
bate, and average fender-bender accident cases arent tried in
federal court, nor are criminal matters not involving federal
offenses.
Bear in mind that any type of casefederal, state, or local
can rise to a federal appeals court (circuit court) on issues of
law or constitutionality (as opposed to issues of fact, which
are resolved at trial). A defendant can appeal a conviction to
Federal district courts
are the trial-level
courts in the federal
court system. Circuit
courts are the appeals
courts and usually
have jurisdiction over
more than one state.
a higher court by asserting that the judge made a mistake of
law or that the defendants constitutional rights were violated
at some point during the proceedings. The court system is a
filter that handles routine and simple matters at the lower,
local levels and provides for more complex issues of law to
percolate up through the system.
Federal bankruptcy courts, which also operate within federal
districts, are a separate branch of the federal judiciary. A
bankruptcy filing may be voluntary or involuntary. In an
involuntary bankruptcy, a creditor or group of creditors brings
the action to preserve a debtors assets for distribution
among them. A voluntary bankruptcy is initiated by the
debtor. Regardless, once a bankruptcy petition is accepted
and a trustee appointed, control of the assets and liabilities
shifts from the debtor to the trustee.
Bankruptcy actions are a treasure trove of detailed informa-
tion on assets and liabilities, and often reflect interests and
activities not available elsewhere. The schedules (lists) of
assets and liabilities that must be filed by the debtor contain
information such as full names, spouses name, Social
Security numbers, business names, business tax identifica-
tion numbers, addresses, the location and value of assets,
credit accounts and debts, and recent asset transfers. Even
though bankruptcy filings are submitted under oath, however,
dont assume that theyre complete and correct.
State courts, known as district or superior courts (except in
New York, where theyre known as supreme courts), operate
at the county or district levels. Theyre the basic trial courts
for the states. To these tribunals come the widest range
of civil, criminal, probate, family law, and tax cases. Its at
the state court level that youll find the most detailed
information.
Local courts, including justices of the peace and city and
municipal 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 of
cases handled in local courts. Arraignments and initial
appearances in felony cases may also appear on the local
court docket before the defendant is bound over for trial at a
state court.
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The trustee is the
person entrusted by
the bankruptcy court
to take charge of the
debtors assets and
handle the distribution
of funds to creditors.
55
Court records in local venues are limited because trials and
hearings are simplified. Unlike state courts, where written
motions and orders reflect most actions, local courts tend to
operate at the level of oral argument. Proceedings are recorded
in written case notes, called minute entries, or theyre tape
recorded but not necessarily transcribed. Another limiting
factor of local courts is that they usually dispose of, or purge,
case files after only a few years. Complicating the process of
working through local courts is the sheer number of them.
Theres one state court for a county or district. However,
the same area can also encompass dozens of local courts.
A persons being arrested or sued in a state court would be
reflected in only one court. Then the same person could be
arrested or sued in any of many other local courts in the
same geographic area.
Court records, regardless of whether theyre federal, state, or
local, tend to contain certain common types of information.
They identify the parties, often accompanied by addresses or
business affiliations. Pleadingslegal papers filed with the
court to advance the caseset forth details of events developed
and attested to by the parties. Affidavits of service of process
describe when, where, and to whom legal papers were
delivered. Exhibits and depositions provide more in-depth
information. Orders and judgments document the person
who was found liable and ultimately reflect compliance or
noncompliance (if the person paid the fine, etc.).
A useful and timesaving device for reviewing court records is
a litigation summary form (Figure 18). Such a form organizes
the material you gather and helps you to be consistent in the
information you accumulate. When examining court records,
youll find that theyre usually maintained backwards. That
is, the most recent filing is at the top of the file. So start your
review at the bottom. First identify the party described in the
court record as the probable subject of your investigation.
You can do this by matching the information you already
have with information in the court records. Check names,
spouse identification, addresses, and other identification
information, sometimes including handwriting. When dealing
with names, remember that many people have identical or
similar names. (It would be embarrassing to be looking for
records pertaining to Chris Thomas, white male, 54 years old,
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FIGURE 18Litigation Summary Form
57
and wind up pursuing court records for Chris Thomas, black
female, 25 years old, without realizing the difference!) If the
names match, look for other connections that correspond to
what you already know about the subject. Criminal cases are
usually good resources for identification information because
the police take methodical steps to properly identify the
defendant, including a full name, date of birth, Social
Security number, drivers license number, address, and next
of kin.
When searching through court records, find the complaint
and read through it. Sometimes a complaint is amended one
or more times to include new information and allegations.
Since amended complaints replace the original complaint, be
sure to review all complaints. In fact, you should examine all
documents in the case at least briefly, but documents that
call for special attention include motions, memoranda of
points and authorities, motions for summary judgment, and
responses to various motions.
One big problem in litigation research is wading through the
wordy swamps of legalese. Its not uncommon for lawyers to
generate numerous claims for one incident because they try
to cover all contingencies. They allege someone caused an
accident, operated a vehicle in a reckless or negligent way,
caused bodily injury and loss of income, and so on. Dont
become bogged down in mirroring the bad things lawyers say
about the other side. Look to statements of other parties or
statements under oath that provide details. Of course, the
verdict of the court should carry weight. Information obtained
in court records can help flesh out information you obtain
from other sources.
Authorities (also called precedents) are previous decisions by courts of appeals that provide
legal guidance to other courts. Legal briefs (written arguments) are often called points and
authorities. Thus, a lawyer makes his or her points, citing the previously decided cases as
authorities 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 factual
issues remain to be tried and therefore a cause of action in a complaint can be decided
without 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 property
transfers and notices of various types. Recorders offices
index transactions by grantor (the giving party) and grantee
(the receiving party), noting the recording date and assigning
a recording number.
Automated recording systems are the easiest to search by
party name, because they provide an alphabetical list of
transactions. Some automated systems are unified, which
means you can conduct one search whether the subject is
the grantor or grantee. Others require you to make two
separate searchesone by grantor and one by grantee.
Manual, nonautomated systems still exist in many areas
mostly rural, less populated regions. These systems use
docket books, in which transactions are entered either by
hand or by typewriter.
Docket recording systems are usually classified according to
the type of transactions they contain, such as deeds, deeds of
trust (and releases), financing statements (and terminations),
judgments (and releases), and tax liens (and releases). In
some offices there are dockets for grantors and grantees in
each category. In such areas, you must either narrow your
research sharply or spend hours searching each index for
both grantors and grantees.
When searching recorded transactions, you can conduct an
index search only or a more complex search. An index is a
simple listing of transactions. In-depth investigation requires
that 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 list
a property transaction between Smith and Jones. Examining
source documents would reveal the following:
Smith deeded a property to Jones.
Jones promised to pay Smith $100,000, which Jones
borrowed from National Bank.
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59
Honest Title Company is serving as trustee to collect
funds from Jones in monthly payments, and later to
reconvey the property to Jones upon satisfaction of the
deed of trust.
When examining real estate transactions, pay careful
attention to property descriptions. Theyre expressed in legal
descriptions, street addresses, or parcel numbers. Many
people are involved in multiple property transactions including
purchases, 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 North
Branch River and running thence northeast 1,576 feet to a tiny thicket forming the
end of the aforesaid Branch, thence easterly 543 feet to the first outlet and along
the outer Branch southerly 867 feet to the Great Swamp and along the Tar Branch
westerly 1,345 feet to the end of the Buntings Farm, thence along the said River to
the 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 be
transferred. 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 changes
course, the neighbors farm is sold, or a tree marking the property boundary falls. The end
points 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 to
a point; thence easterly 543 feet to a point; and along the State Route 84 southerly
867 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 lot
or parcel number, as in the following examples. Condominiums would also have the apart-
ment number in the description.
4-875-113
Block 415, Lot 875
Parcel 5, Map 10-2
You can purchase copies of documents from the recorder,
or you can order them through a title company. Many title
companies provide searches of grantor-grantee indices for a
fee, along with copies of their findings. As a beginning inves-
tigator, however, its a good practice to learn the ropes by
doing the research yourself. It will help you learn and
understand the process.
Corporate and Business Records
Corporate and business filings are usually not related to
transactions. The focus instead is on ownership, manage-
ment, and liability. These records can help you identify the
nature of the business, business activity, and ownership or
management. Make a note of changes you discover in any
area of a business. A new business activity may signal other
changes in the company. New owners, officers, or directors
are also significant. Some jurisdictions require businesses to
file financial information. If you notice major changes in any
asset or liability or in the bottom line of the business, examine
this information further.
Praying for Private Records
Theres no standard way to legally obtain private records. The
first step is generally to establish the existence of such
records. Often, you can accomplish this by asking everyone
you interview, Can you think of any records you may have
that could refresh your recollection or contain the needed
information? Once a person has acknowledged that such
records exist, you must work to develop rapport (a trusting
relationship) with the person, ultimately requesting that the
individual turn the records over as a reasonable, and helpful,
thing to do.
Another method of getting private records is a subpoena.
Private investigators dont have the authority to issue a
subpoena; only an attorney can issue a subpoena, and then
only in a matter before a court. At most, an investigator can
recommend one be issued. The investigator can pave the way
by giving the attorney a description of the records, what they
might reveal, and to whom the subpoena should be directed.
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A subpoena is a court
order for a witness to
appear at a particular
time and place to testify
or produce documents.
Failure to appear as
required by the sub-
poena can be punished
as contempt of court.
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Libraries as Investigative Resources
Librarians are hired to help people (Figure 19). There are
extensive and inexpensive investigative resources in libraries
in your community and throughout the United States. The
vast array of published information can often be tapped with
a simple question to a reference librarian, Can you help
me? This isnt a flippant suggestion or an oversimplification.
Libraries arent just lending facilities for novels, do-it-yourself
books, and childrens stories. Theyre principally repositories
of information and knowledge. Librarians, particularly
reference librarians, are skilled researchers and extremely
knowledgeable about reference sources. Dont impose on
them with constant requests, but you should seek them out
and take the opportunity to learn from them. Theyll be
happy to show you how to use the reference materials the
library has, so that youll be able to use them without assis-
tance in the future.
When an investigation involves a person or organization from
another city or state, call a library in that city for help and ask
for the reference librarian. Explain that youre an investigator
in another city and would like to know if the library has any
special reference sources, such as local directories, which
might be helpful. The results can be surprising and gratifying.
FIGURE 19Reference
librarians 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 are
happy to provide them. You can then tailor specific requests
to resources identified in the guide.
Database Searching
A database is a compilation of information (data) that can be
searched and manipulated. Data is initially entered in fields,
which when combined with other data fields form a record. To
conduct a database search, you can request information for
one or more fields that meet specified search criteriaand
the computer will do the search for you. For example, sup-
pose youre looking for records that show the names of
property owners (a field) at an address or a range of addresses
(another field). All you have to do is give the two field names
to the computer. The results are printed out quickly and
accurately. 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 dont allow hypertext searching usually have
sections called descriptors that go beyond indexed fields.
Searching databases can be confusing at first because of the
large variety of computer database services available. The
costs of database services differs with each company. One
company may offer a particular search for a lower fee than
another company. Some companies have sign-up charges;
others dont. Some charge a monthly minimum; others dont.
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 services
charge a one-time sign-up fee to cover their administrative
costs in case you never use the service again. Some charge a
monthly subscription fee. Some services allow unlimited
searches to current subscribers as long as the monthly or
yearly fee is paid. These services are known as flat-rate
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services. The alternative to a flat-rate service is one that
charges for each search or for each search result (hit)
retrieved.
Once you have enough business to warrant subscribing to
information vendors on your own, using a good flat-rate
vendor is recommended. Expert users have found it cheaper
in the long run to use a flat-rate account as opposed to a
service 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 to
reenter the data and pay another charge to try another varia-
tion of the spelling. With a flat-rate account, you can try
endless variationsThompson, Thomson, Thompsen, Tomson,
etc.and not be charged for each and every one. Plus, you
can 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 to
determine why something isnt showing up that you feel
should.
Investigate the vendors youre planning to use as carefully
as you would check out a potential business partner. Your
information providers are your partners every time you use
their services. Figure 20 provides a list of questions to be
considered when youre selecting or analyzing an information
vendor.
64
Questions to Ask of an Information Vendor
Where does the information come from?
You may feel awkward asking vendors where theyve obtained the information youre
purchasing, but you shouldnt. Just think about those fake Rolex watches that so many
people purchase. Even buying physical things without knowing where they come from is
dangerous.
Reliable information vendors wont mind being asked about their services. Theyll provide
verification material, such as the name of the database or service they access and when
it was last updated.
Its important that you know the gathering process in order to judge the reliability of
the information youre purchasing. There are certain investigative sources that a vendor
wont be willing to reveal to you. Its important to remember, however, that an item of
information isnt the same as an investigative report. The professional reputation of an
information vendor is a guaranty of sorts. Still, because information as a commodity is so
new, theres 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 vendors personal knowledge
of a systems ongoing methods of maintaining information currency, is a reason to keep
probing. Ideally, when you purchase items of information the record should include an
update or statement of accuracy. In other words, you shouldnt have to ask for this infor-
mation. (Think of informational Web sites youve visited that have a line on the page
stating, 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 different
issue. Suppose record keepers updated a microfiche or database of records last week at
a courthouse, but the departments computer section is working with a three-month back-
log. In such a case, a critical incident that occurred one month ago wouldnt show up in
the database that was updated just last week. In fact, it may not show up for a few
months. The importance of timeliness is a variable you must determine for yourself, but
to be truly informed you need to know how fresh the information is.
(Continued)
FIGURE 20Questions about Online Information Sources
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Which are the searchable fields? Which fields are standardized?
Its sometimes difficult to tell a good database from a bad one. A motor vehicle record
vendor, for example, should be able to tell you that a subjects middle name is critical for
accessing an Arizona driving record. You dont have to become a programmer to use a
computer, and you shouldnt have to know a database management language to benefit
from databases. Nevertheless, its very helpful to understand how databases are con-
structed and, at the least, what fields, records, and indexing procedures are used. As a
rule, computerized public record information isnt standardized from county to county or
state to state. In the same way, theres little standardization among information vendors.
How much latitude is there for error (misspellings or inappropriate punctuation) in a data
request?
If the vendors requirements for search data seem concise and meticulous, then youre
probably 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 systems
allow you to make inquiries by whatever means or in whatever format you likeand then
tell you the requested information hasnt been found. In this instance, the desired infor-
mation may be there, but the computer didnt understand the question because of the
way in which it was asked. Its easy to misinterpret no record found as theres no
record. Never forget the meanings are quite different.
For example, does it make a difference if you enter the subjects name as bill white, Bill
White, or BILL WHITE; Bill W. White or Bill W White? Do you include the hyphens in phone
and 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 or
edit process is used?
In some databases, information is scanned into the system; in others, an operator may
enter information as its received; and in still others, information may be entered twice to
allow the computer to catch input errors by searching for nonduplicate entries. You dont
have to know everything about all the options, but the vendor selling information in
quantity 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 of
access and the searchers level of knowledge. If he or she makes inquiries only once a
monthand the results are important to youyou may need to find someone who sells
data at a higher volume. The point here is that finding someone who specializes in the
type of information youre seeking is usually better than using a vendor who can get the
information, but specializes in something else.
(Continued)
FIGURE 20Continued
Youve just covered a lot of details on how to use information
resources. Before you go on to the next section, take time to
complete Self-Check 4.
66
Does the price include assistance in interpreting the data received?
A report that includes coding and ambiguous abbreviations may look impressive in your
file, but may not be too meaningful. (For example, if a subjects drivers license is marked
CDL Class A, it doesnt help you unless you know what that designation means.) For all
your reports, except those you deal with regularly (and therefore understand), interpreta-
tion assistance can be very important. Some information vendors offer searches for
information they really dont know much about through sources they use only occasionally.
Professional pride sometimes prohibits them from disclosing their limitationsunless you
ask 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 youre requesting information that youre
legally entitled to; however, theres a possibility that the vendor could make your usage
records available to a competitor. You may not want everyone to know what youre
requesting and how often youre requesting it. If the vendor keeps records of who asks
what, 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 subjects discovery of the
search could lead to embarrassment, double-check with the vendor. There are laws that
mandate the notification of subjects when certain types of inquiries are made into their
files. If the subjects must be notified, the way in which the vendor does so could be
critical 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 exactly
what theyll provide and how much it will cost. Failure to address these two issues can
lead to disputes and hard feelings.
FIGURE 20Continued
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Self-Check 4
Questions 14: Indicate whether the following statements are True or False.
______ 1. A simple drivers 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 knowledgeable
about 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 the
debtors assets and handle the distribution of funds to creditors.
AVOIDING INFORMATION PITFALLS
As you search for information in the many resources weve
discussed in this study unit, you must be responsible in the
way in which you seek out and use the information. As a
private investigator, you dont have special access to these
information resources. In the same way, you wont receive
any special consideration from authorities if youre irrespon-
sible in the way you conduct investigations. Dont do anything
that might endanger your livelihood as an investigator, and
be just as diligent to avoid creating problems for clients.
In working with sources of information, there are three major
pitfalls you should avoid: misidentification, abusing fair credit
reporting, and accessing information confidential by law.
Lets take a look at each one of these pitfalls individually.
Misidentification
A key task in any investigative assignment is to properly and
correctly identify the subject of the investigation (Figure 21).
The identification of the subject may seem like an elementary
and even obvious factor, but nonetheless its a task that
requires your attention from the beginning of each assignment
and throughout your professional investigative practice.
68
FIGURE 21Its possible
that each of these people is
named Chris Gonzalez. Its
important to know which
person your investigation
relates to so you dont make
a mistake.
69
As a quick glance through a phone book will show, many
people have the same or similar names. The problem is
apparent with people named Smith, Jones, Wilson, and so
on. Bring in the surnames of other cultures to the mix, and
the problem multiplies. Look in the phone book for China-
town in New York or San Francisco, and youll find page after
page 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 Marshall
Mathers (Eminem), may have name twins. Businesses, too,
have problems with common or similar names. Although
there may be only one Kraft Foods in the United States, there
are many companies named AAA Towing or Tonys Pizza. In
Manhattan alone, there are more than 50 pizzerias called
Famous Original Rays Pizza, Famous Rays Pizza, World
Famous Rays Pizza, Rays Famous Pizza, Rays Original
Pizza, Original Rays Pizza, and, of course, Rays Pizza.
Theyre not all owned by the same person.
When youre gathering information on an individual or a
business, your job as an investigator is to be sure the indi-
vidual described in your information source is the same as
the one involved in your casea job that requires diligence
from the start of the investigation. To screen out mistakes,
begin by establishing every identification factor (identifier)
possible before starting an investigation. Identifiers are items
of information specific to an individual. For individuals these
could include
Full name
Middle names or initials
Spouses name, including middle names or initials
Former spouses name
Addresses, including last known address and previously
reported (old) addresses
Telephone numbers, including previously reported
telephone 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 theres any question of misidentification, investigate
more and ask more questions. Sometimes you may even have
to compare the handwriting of the subject with the hand-
writing on documents in your sources of information. If, after
reasonable effort, identification remains in question, clearly
report any unresolved questions about identification to your
client. Your client can then take this into consideration when
planning any future action.
Violating the Fair Credit
Reporting Act (FCRA)
Across the United States, credit reporting agencies collect
and share information about people who owe money. Lenders
use credit information to help collect on debts and to help
decide whether to risk money in loans. Other parties use
credit information to decide whether to go into business
with someone, whether to hire a person, whether to rent an
apartment, or for any other number of reasons. All uses of
credit reports, though, fall under the Fair Credit Reporting
Act (FCRA) (15 U.S.C. Section 1681). The FCRA sets forth
purposes for which consumer credit reporting agencies may
issue a report on a consumerand for which an individual
may obtain a credit report:
In response to the order of a court having jurisdiction to
issue such an order, or a subpoena issued in connection
with proceedings before a federal grand jury
In accordance with the written instructions of the
consumer to whom the report relates
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71
To a person/organization who the credit reporting agency
has reason to believe intends to use the information in
connection with one of the following purposes:
A credit transaction involving the consumer who is
the subject of the report (extending credit to the
consumer 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 consumers eligibility for a
license or other benefit granted by a governmental
instrumentality required by law to consider an
applicants financial responsibility or status
To a person/organization who otherwise has a legitimate
business need for the information in connection with a
business transaction involving the consumer
The Fair Credit Reporting Act provides for civil liability for
willful (done on purpose) noncompliance as well as negligent
(done through carelessness) noncompliance, which applies to
both credit reporting agencies and users of credit information.
The courts may award actual damages, punitive damages,
and attorney fees and costs. Knowingly obtaining information
from a credit reporting agency under false pretenses is a
federal offense that carries a fine of not more than $5,000 or
imprisonment for not more than one year, or both, for each
abuse. To protect yourself from unwanted trouble, its a good
idea never to pull a credit report unless youre personally
entitled to do so or if you have a signed authorization from
the person on whom its reporting.
In the past, many, particularly in the credit reporting industry,
considered private investigators to be major offenders of the
law. Whether the perception was correct or not isnt impor-
tant. The fact is, private investigators have been successfully
sued for damages, convicted of crimes, and fined because of
violations of the FCRA. Some private investigators obtained
credit reports to find people, assets, or background informa-
tion, though they lacked a permissible purpose provided by
Damages is the amount
of money which a plaintiff
(the person suing) may be
awarded in a lawsuit.
Punitive damages is
money awarded above
and beyond the actual
amount of the plaintiffs
loss as a punishment for
the defendant and to act
as a deterrent to others.
law. Others took the fact that a person seemed to be at fault
in an accident, and thus would be liable for damages, as a
permissible purpose. The Federal Fair Trade Commission,
which administers the FCRA, has ruled that until and unless
a debt is adjudicated or agreed to by the consumer, its
improper to obtain a credit profile.
Other abuses of credit reports have included evaluation of
insurance claims, determining whether to pursue litigation
or not based upon a debt, locating or discrediting a witness
or potential party to litigation, and preparing for media
publication. Since a series of stings by the U.S. Justice
Department that resulted in the felony convictions of several
private investigators, the casual pulling of credit reports by
investigators without a clear permissible use has been nearly
stopped. Most professional private investigators agree that
getting the job done for one client isnt worth becoming a
felon.
One portion of a credit report, called the header, contains
identifying information, such as the debtors name and name
variations, identifiers such as year of birth or Social Security
number, along with reported employment and addresses.
Originally, the use of header reports was considered beyond
the purview of the FCRA. However, as mentioned earlier in
this 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 credit
header ban went into effect in July 2001 are still available for
purchase without violating any law. Of course, as time goes
by, this information will become more and more out of date.
Accessing Information
Confidential by Law
In December 1991, federal agents arrested and charged 18
private investigators, information brokers, and government
employees for buying and selling confidential information
from government computers. The government sting opera-
tion involved defendants throughout the United States. By
paying bribes to Social Security, Internal Revenue Service,
and police agency employeeswho were also chargedthe
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defendants obtained information on thousands of people for
use in workers compensation, asset, and background investi-
gations. Most defendants ended up professionally ruined, with
criminal convictions and fines. Since 1991, sting operations
are conducted regularly across the country, and every so
often, a news account is seen of another private investigator
and his or her friend on the inside being arrested. Be smart.
Stay legal, and dont expect others to risk their careers for
you.
Before going on to read about the Internet as a source of
information, take a moment to review and complete Self-
Check 5.
74
Self-Check 5
______ 1. Usually a private investigator can access credit reports more easily than an
average citizen.
______ 2. Because many people have the same or similar names, its crucial to accurately
identify 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.
75
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 training
courses lasting several days and of lengthy books. The most
important thing a private investigator needs to know about
Internet investigating is this: Internet investigation and
private investigation are two completely different careers.
Since the mid-1990s, thousand of private investigators have
derailed their businesses by getting too involved with the
Internet. To be sure, some have switched over to being
Internet experts and have earned a good income selling their
services, but a much larger number have found themselves
hopelessly in debt and out of business. The competition on
the Internet for selling search results and information is
intense. Its okay to use the Internet as a tool in conducting
an investigation, but always remember its just a tool. The
information you find using the Internet needs to be verified
and converted to usable evidence by other means in nearly
all investigations.
The Power of the Internet
for Investigation
The greatest thing about the Internet as a research tool is its
speed. If you have a case involving a construction accident
and you need to talk to experts who understand the type of
construction involved, chances are a search using one of the
many Internet search engines like AltaVista or Google will
provide you with a long list of possible experts. Before you go
to the telephone and start calling these possible resources,
the Internet makes it possible to find things theyve 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 the
keyboard.
Search Engines
Search engines are programs designed to search through
databases, documents, or the entire Internet for words or
combinations of words. There are dozens, if not hundreds,
of search engines on the Internet. Some of the more powerful
search engines, whose names show up in most discussions
on the topic, are
Googlehttp://www.google.com/
AltaVistahttp://altavista.com/
Excitehttp://www.excite.com/
Lycoshttp://www.lycos.com/
Yahoo!http://www.yahoo.com/
Hotbothttp://www.hotbot.com/
By pre-Internet standards, these search engines are all
incredibly powerful. If you enter a word or combination of
words into a major Internet search engine and click Search,
within seconds youll have a search result. Most of the search
engines will give you a list of Web pages where the word or
combination of words youre interested in appear. These
pages might be hosted on a computer in your city or in
Malaysiathe search result shows up within seconds. To
effectively use search engines, youll need to experiment with
them.
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, and
OR (called connectors) in search phrases. This allows you to
search for traffic AND accident NOT truck, for example, to
find information about traffic accidents that didnt involve a
truck. (These terms dont 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 (+ for
AND; - for NOT). Another way to refine a search is with the
use of punctuation such as quotation marks.
76
Practice exercisedo a
search for Freedom of
Information Act on one
or more of the search
engines discussed here.
77
As an example, a search in a major search engine on the
words Harold Petersen got 14,994 hits. A search on the words
Harold AND Petersen received the same 14,994 hits. That
means this particular search engine automatically uses the
AND connector. A search on Harold Petersen in quotes got
only 108 hits. This smaller number was retrieved because the
quotes 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 about
because the search engine counted all the pages that had
either the word Harold or Petersen in them. This is the result
a less sophisticated search engine might find if you just
entered a name. In the case of a name, if you have a middle
initial, it can be a big help. A search for Harold J Petersen
received only 3 hits. Theres quite a difference between over a
million hits and three hits, isnt there? It demonstrates how
important it is to get all the identifiers you can about a
subject.
Before moving on to the examination, take a few moments to
complete Self-Check 6. Then check your answers with those
provided at the end of this study unit. If youve missed any
answers, or you feel unsure of the material, review the rele-
vant pages in this study unit. When youre sure that you
completely understand the information presented, complete
your examination. Remember also to complete the Practical
Exercises.
78
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 search
engine.
79
SUMMARY
Good work! By completing this unit, youve learned a lot
about the sources of information youll be using as a private
investigator. This information will help to launch you in one
of the fast-growing service industries. There are plenty of
resources out there for you to work with. If you tackle your
assignments 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 winning
attitude. Do your best, and learn something new every day!
PRACTICAL EXERCISES
At the end of most of your Private Investigator study units,
youll work through some practical exercises, which will give
you experience performing some of the duties of a private
investigator. The exercises are for your enrichmentdo 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, youll need Internet access. If you dont
have a computer and ISP, go somewhere you can use an
online computer. This could be at a school, an Internet caf,
a friends 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 clicking
on the resulting links. Next, go to the Google Web site (search
for the word google in the browsers search window). Search
on your own name, both with and without your middle initial
and the name of the state you live in. Experiment with other
searchestry the name of a favorite celebrity, or the name of
a place youre interested in visiting.
Exercise 2
This exercise is designed to familiarize you with a public
records 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 your
city. Find the clerks office and ask an employee to show you
an example of a document thats part of the public record
and to identify for you some of the records they keep that
arent available for inspection by members of the public. If
they have computer terminals available for public use, look
at the menu and experiment with doing some searches.
Search your own name, for example.
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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 submit
only your answers to the school for grading, using one of the
examination answer options described in your Test Materials
envelope. Send your answers for this examination as soon as you
complete it. Do not wait until another examination is ready.
Questions 120: Select the one best answer to each question.
EXAMINATION NUMBER:
05803100
Whichever 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
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1. As a private investigator, you may gain access to private
records 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.
Examination
82
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 youre 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. Theyre used to search through microfiche archives of public records.
B. Theyre programs used to search large databases and the Internet.
C. They usually find only a few results.
D. Theyre only usable by paid subscribers.
6. Which one of the following is an example of a public record?
A. Bankruptcy records C. Diary
B. 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 bureau
B. Public records that are available to anyone who pays a fee
C. Hybrid records that are produced by private organizations and regulated by law
D. 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. Probate
B. Divorce D. Domestic relations
9. Which of the following is true of public records?
A. Theyre maintained by businesses for the government and are available only with the
owners permission.
B. Theyre available only to public employees.
C. Misuse of public records is a federal crime.
D. Theyre 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 records
B. Birth certificate D. Court records
11. Under which one of the following conditions would you be allowed to obtain a credit
report?
A. The subject is suspected of involvement in a narcotics ring, and youre looking for
suspicious payments.
B. Your client intends to use the information for employment purposes and has provided
you with a signed authorization.
C. The subject has been accused of drunk driving and youre hired to find assets for a
lawsuit.
D. Youre evaluating a person for an insurance claim.
12. Which of the following statements is true about the Internet?
A. Its the only resource a private investigator needs.
B. It contains only verified information.
C. Its not useful for finding information about people.
D. Its 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 Court
B. Marin County registrar
C. Federal Trade Commission
D. 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 investment
B. A company owned by one person (or by a husband and wife)
C. A company thats exempt from collecting sales tax
D. A nonprofit company that is run by a church or religious organization
15. As an investigator, youll probably find the most detailed information on the widest range of
cases in _______ court records.
A. state C. federal
B. local D. traffic
16. A _______ is an order of the court for a witness to appear at a particular time and place to
testify or produce documents.
A. pleading C. subpoena
B. motion D. service of process
Examination
84
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 individuals assets and
liabilities, when one exists, is a/an
A. bankruptcy action. C. check register.
B. credit report. D. income tax return.
20. Youre searching a database to find every occurrence of the word harassment. This is
called a
A. record search. C. search engine.
B. descriptor search. D. hypertext search.
85
A
n
s
w
e
r
s
A
n
s
w
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r
s
Self-Check 1
1. Public and private records, publications, computer
databases, field investigation, and people
2. False
3. Corporation, limited partnership
4. An investigator can inspect private records only if that
investigator has a court order or if the owner gives up
his or her right to privacy.
5. Crisscross
6. True
7. False
Self-Check 2
1. Those records maintained by government agencies that
are open without restriction to public inspection, either
by statute or by tradition.
2. Public information
3. Voluntarily and by statute
4. At a government agency and within the database of a
private company
5. Because they make their information available only to
preapproved, high-volume, ongoing accounts who, in
turn, make it available to individual users for a fee
6. False
7. False
Self-Check Answers
86
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

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