Saturday, 5 July 2008

P.I. Licenses for Forensic Examination in the US. The error of the statement.

US States have the rights to license professional activity - For Instance lawyers, engineers and accountants. This has already been decided in the US Supreme Court.

Kennard v Rosenberg, 127 CA 2d 340; 273 P2d 839, hrg den (1954).…

Where a statute is susceptible of two constructions, one leading to absurdity, and the other consistent with justice, good sense and sound policy, the former should be rejected and the latter adopted.”…
"The uncontradicted evidence is that none of the plaintiffs herein were engaged in the private detective business or represented themselves to be so engaged. Plaintiffs were licensed engineers and as such were authorized to make investigations in connection with that profession. It seems quite clear that the private detective license law was not intended by the Legislature to place a limitation on the right of professional engineers to make chemical tests, conduct experiments and to testify in court as to the results thereof. A physician, geologist, accountant, engineer, surveyor or a handwriting expert, undoubtedly, may lawfully testify in court in connection with his findings without first procuring a license as a private detective, and, as in the instant case, a photographer may be employed to take photographs of damaged premises for use in court without procuring such a license. Likewise, plaintiff, who was hired as a consultant and expert and not as a private detective and investigator was not required to have a license as such before being permitted to testify in court as an expert."…

"… it was the intent of the Legislature to require those who engage in business as private investigators and detectives to first procure a license so to do; that the statute was enacted to regulate and control this business in the public interest; that it was not intended to apply to persons who, as experts, were employed as here, to make tests, conduct experiments and act as consultants in a case requiring the use of technical knowledge."

An investigator (digital forensic) is not required to have a license as a PI. Plain and Simple. This does not make a shread of differnce be it in the US state of Texas, Georgia or even CA. They can be required to have a license, this is NOT the same statement as a requirement for a PI license.

The issue is needing a state professional license. This can be a PI license.

It Can also be one of any of the aforementioned ones. It is also illegal to work as a lawyer sans a licence. It is even a crime In All US States to Call yourself an engineer without being a professional engineer.

Again the issue is with a licence requiement an is NOT a PI issue. The Courts have upheld the rights of the states to license And ALL US states have professional excluslusions.

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