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From Dean A. Beers, CLI, CCDI - NCISS Regional Director 5A

We are all aware of the the recent US Supreme Court ruling regarding the use of GPS by law enforcement.  And from that time we have wondered what impact this might have on our profession and private use.  Well, here is an update that addresses just that -- and it doesn't look good.  As noted in this message, members from NCISS at the recent Hit the Hill in Washington DC presented these concerns, in advance of these hearings, to our elected officials.  Please see below for a very important update from NCISS Legislative Chair, Jimmie Mesis and be prepared to communicate with your own elected representatives on how this could negatively impact your business and how you serve and protect your clients (to use a phrase that only law enforcement feels entitled to).

Committee Examines Use of GPS
The House Subcommittee on Crime, Terrorism, and Homeland Security held a hearing today on HR 2168, the "Geolocational Privacy and Surveillance Act".  The legislation would essentially ban the private use of GPS devices.  It would permit the use of technology that reveals an individual's location for law enforcement if police had obtained a warrant.

Virtually all of the discussion during the hearing dealt with the bill's effect on the police ability to obtain the location of individuals.  Witnesses from the Federal Law Enforcement Association and National District Attorneys Association expressed concern that the warrant provision made it too difficult for police to obtain information in many instances.  A great deal of focus was on the ability to obtain location information through cellular phone records.

A witness from the Computer & Communications Industry Association supported the restrictive legislation.  His concern was to minimize any privacy concerns by cell phone users.  The American Civil Liberties witness strongly supported the legislation

NCISS is strongly opposed to HR 2168 because it would deny private investigators the ability to use GPS tracking devices.  Our opposition was most recently made clear during the annual "Hit the Hill" meetings with Congress.  Similar legislation is pending in the Senate, S 1212.

Congressional interest in the issue follows a recent US Supreme Court decision, US v. Jones, which ruled that police must obtain a warrant prior to attaching a GPS unit to an automobile.

The NCISS Legislative Committee will continue to monitor the progress of all GPS tracking related legislation and keep the profession apprised of our efforts to maintain our usage of GPS devices for lawful purposes.

Keeping the profession informed,
Jimmie Mesis, LPI  
NCISS Legislative Chairman
jim@nciss.org     

Larry Sabbath
Legislative Advocate
lsabbath@lobbyist4u.com

NCISS
7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927
T-(800) 445-8408  F-(410) 388-9746

(Permission granted to repost this message)

The National Council of Investigation and Security Services, Inc., is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

Associates in Forensic Investigations is pleased to announce a partnership with Compass Point Investigations, a Pensacola FL based private investigation and training agency.

‘Be A Private Eye’ is an online study program developed by L. Scott Harrell, and successful PIs who are working "in the field" every single day.   The online course is well over 500 pages and more than an hour of video with new information and video being added regularly – this is a lifetime course, the user can login any time for updates.

Being a good private investigator means that you are going to gather information and critical intelligence through the use of tradecraft; by talking to people (interviewing and taking statements), watching people and places (surveillance), researching the backgrounds of people, businesses and events (background investigations) and of course, you are going to have to find people (skip tracing).
The program reveals the ins and outs of this business, a wealth of unusual and impossible to find information and understanding the business of private investigation. Ethics and the laws that govern private investigators is vital and covered!

Also included are the actual forms, statements taking scripts, client contracts, subcontractor agreements and written policies presently in use. Real examples of the investigative reports for the various different investigations.

The investigations profession is changing at break neck speed. Breakthroughs in technology and software are always creating new ways to do our job more effectively and with more efficiency.

Details are at http://pitraining.forensic-investigators.com, or by contacting AFI-LLC at Associates@Forensic-Investigators.com and by phone (970) 480-7793.

Complete details can also be found on these press releases:
-- http://www.free-press-release.com/news-partnership-for-distance-learning-for-private-investigators-be-a-private-eye-1328150709.html
-- http://www.prlog.org/11804754-professional-investigations-ethical-considerations-for-the-professional-investigator-published.html
-- http://archive.constantcontact.com/fs040/1103529694576/archive/1109340424902.html

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Originally posted 02/17/2012...

When someone asks me what type of investigative work we do, I usually go down the list of what our agency offers.  However, nine times out of ten, the only item on the list that draws their attention is equivocal death case investigation, or equivocal case death review.  I have not decided yet, which of two words grab their attention the most, either the word “death” or the word “equivocal”. 

The word death seems to capture most people’s attention, and I believe one reason is because that word alone can conjure up many emotions within a person.  I know some people believe only women attach emotions to certain words, however, ask any man who has gone through a death, and you might get a similar reaction as a woman, although perhaps not as noticeable.  Most of us with a conscious will have an emotion triggered when we hear the word death or dead, mainly because most of us have experienced all of the emotions and loss associated with the death of someone we love. 

The word equivocal seems to capture attention simply because many do not understand what the word means.  So I often hear, “What in the world is that type of investigation?”  One of the easiest ways to remember what the word equivocal means, especially in relation to a death is the word questionable, which is exactly why people seek an equivocal death case investigation or equivocal death case review.  Whether a loved one questions the way an initial investigation was performed, whether they question why the death was ruled a certain way, or whether they question the meaning of the autopsy report, there are always plenty of questions lingering in their minds.

The heaviness that so many questions weigh on a person’s mind is one reason we offer the equivocal death case review.  We found that many people could not afford a full equivocal death case investigation, which is not always necessary, so the review offers most people enough information to get the answers they seek to the many questions that linger.  Often times, after we conduct an equivocal death case review, the numerous questions get answered, and this helps to ease people’s minds, allowing them to finally let go and move on with their own lives.  Letting go does not mean forgetting the person’s death or that person, it simply allows them to let go of the obsession over their internal bombarding questions.

When there are so many questions after a death, the person experiencing these questions will sometimes become obsessed, and the questions are played over and over again in their minds.  This wears that person down, which can cause, anxiety, depression, an abundance of anger and sadness to the point that the person with the lingering questions’ own physical and emotional health becomes compromised.  Once the questions are answered, the person’s mind will quiet down, and then acceptance will sink in, and life will go on.

Sometimes a person may not have specific questions, yet they have doubt about some issues surrounding a death.  With an equivocal death case review, these doubts can either be put to rest, or confirmed.  If the doubts are put to rest, again, it eases the mind and allows that person to continue on with their life.  If the review supports their doubt or suspicions, then a full equivocal death investigation may be necessary to confirm these doubts or suspicions.  It is at that point that perhaps an attorney will be needed to reopen a case.                    

However, there is no need to go straight down that road of expense to hire an attorney.  A person can spend thousands on the attorney and the investigators the attorney may hire, only to find out everything done was for not, and the initial investigation was in fact performed properly from the beginning.

This is another reason a person should seek out an equivocal death case review, this could not only save a person thousands of dollars, but a lot of unnecessary time and energy expended when there was no feasible reason to go the attorney route to begin with. 

This is not about taking money away from an attorney.  This is about saving our clients from unnecessary expense, and heartache, as well as to assist them with closure in the shortest amount of time possible.  There is nothing more satisfying than hearing, “Thank you, I can now sleep at night”, or “Thank you, I feel at peace now”.  We hear statements like that and many similar ones simply because the lingering questions have finally been answered without spending thousands of their hard earned dollars.  So the answer to who needs an equivocal death case review is anyone with any lingering questions surrounding the death of a loved one.

==========
beersks@Forensic-Investigators.com
Karen S. Beers, BSW, CCDI, earned her Bachelor's in Social Work from Colorado State University (Magna Cum Laude).  She is also a Certified Criminal Defense Investigator (CCDI) and certified in Medicolegal Death Investigations.  Her background, education and experience with victim advocacy and counseling are valuable assets in working with families and victims of traumatic events.

As a death investigator Karen was involved in the investigations of all manners of deaths and incidents, training under three Forensic Pathologists.  From 2004-2006 she investigated and assisted with numerous death cases and scenes, and assisted with forensic autopsies.

Following graduation from Colorado State University was an extensive internship at a youth counseling and rehabilitation facility.  She is also a member of the Criminal Defense Investigations Training Council.  Karen has been professionally published with 'The Basics of an Autopsy Report' (PI Magazine, Dec 2011) and 'Understanding Suicide and its Prevention – Equivocal Death Investigations' (PursuitMag.com, Dec 2011), ‘False Confessions and Accusations’ (PursuitMag.com, Feb 2012).  With Dean she co-developed 'Death Investigation for Private Investigators', an online continuing education course for www.PIEducation.com.

Karen is a member of the Criminal Defense Investigation Training Council and the National Defender Investigator Association.  In addition, she has also been invited by, and joined, the National Association of Professional Women for membership.

They have two daughters, a granddaughter and identical twin grandsons.

Dean's first book, self-published 'Professional Locate Investigations' has been completely revised and updated!  It is now the first in our new series, 'Professional Investigations' - 'Individual Locates, Backgrounds and Assets & Liabilities'.

Professional Investigations: Individual Locates, Backgrounds and Assets & Liabilities - revised and expanded this year.

Available in ebook by download at www.ProfessionalLocateInvestigations.com and this week only 25% off using this discount code - PL94D!

This is an expanded and revised update to the 2006 original 'Professional Locate Investigations'. This is a simple, straight to the point, guide to learning to conduct any type of skip tracing investigation, and use those skills and resources to also conduct any type of background records check or investigation, as well as assets & liabilities records check or investigation.

This book includes the different types of records and resources, how to search them and extrapolate data to further the investigative process. For the first time in this book is a guide to also learning the basics of fact finding investigations and reporting.

This book is written by Dean Beers, a Certified Legal Investigator and Certified Criminal Defense Investigator with nearly 25 years of experience conducting investigations. Karen Beers, BSW and also a Certified Criminal Defense Investigator, is the co-author, making her professional publication debut.

For details and discount codes - visit www.ProfessionalLocateInvestigations.com

We recently reached an agreement with S2 Institute to extend discounted online and onsite education and training opportunities for our law enforcement and private sector colleagues.

These distance learning courses are offered by Associates in Forensic Investigations, LLC in partnership with the S2 Safety & Intelligence Institute. These courses are specifically geared for the busy working professional who doesn't have the time to travel or the time to sit in a classroom all day. For budget-conscious organizations, our online courses also offer a cost-effective way to train personnel without incurring travel expenses or lost productivity due to training time.

All of the distance learning courses are presented through the S2 Online Academy's virtual classroom system. While other online training systems limit the learning experience to reading course material and listening to audio lectures, the S2 virtual classroom system uses Macromedia Flash-driven slides and streaming video of mastered instructor presentations to provide a dynamic learning environment unequaled by anything short of a live classroom.

Go to http://S2Institute.Forensic-Investigators.com for details!
See the official Press Release

About two weeks ago NCISS sent a Legislative Alert about a ruling by the EEOC and the use of criminal history in matters of employment.  Please see below for an update - the House of Representatives has voted to deny the funding necessary for the EEOC to implement the new rules.  Although an important step, as with many legislative issues it is likely not the end of this issue.

This is an official notice of the National Council of Investigation & Security Services  representing the investigative and security professions for 36 years

NCISS Legislative Alert May 9, 2012  House of Representatives Votes to Halt EEOC Action on Background Checks

The US House of Representatives late Wednesday voted to deny the Equal Employment Opportunity Commission (EEOC)  funds necessary to carry out the recently issued employer guidance on the use of criminal background checks.  The provision was added as an amendment to the Commerce, Justice and State appropriations bill.  That bill also funds independent agencies, including the EEOC. Here is the specific language of the amendment:

 "SEC. 542. None of the funds made available by this Act may be used may be used to implement, administer,or enforce the Equal Employment Opportunity Commission (EEOC) Enforcement Guidance Number 915.002 concerning consideration of arrest and conviction records in employment decisions."

As reported earlier, the new guidelines are problematic for employers. They essentially put the burden of proof on employers to show that the use of background checks does not create a disparate impact on minority job applicants or that the specific job requires such a check.

The appropriations bill, including this amendment to limit the EEOC's ability to carry out  the employer guidance, still must pass the Senate and get a presidential signature.  The President has already threatened to veto the bill because of what he considers inadequate funding levels and some other amendments limiting EEOC actions.  It is not clear that he would carry out the veto threat.

It  is a good sign that the House has made its view known on the use of background checks.  Earlier, a Senate Appropriations Subcommittee asked that the EEOC make the guidance public prior to issuing the guidance. Although the EEOC did not agree to that recommendation, it is an indication that our efforts to restrict the EEOC's actions may receive support in the Senate.

The recent NCISS meetings with Members of Congress during "Hit the Hill" have proved very helpful to the effort.  We are also continuing to work with a major coalition on this issue. The battle is far from over.    

Keeping the profession informed,
Jimmie Mesis, LPI  
NCISS Legislative Chairman

Larry Sabbath
Legislative Advocate

NCISS
7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927

T-(800) 445-8408  F-(410) 388-9746
jim@nciss.org     
lsabbath@lobbyist4u.com

 (Permission granted to repost this message)
==========
The National Council of Investigation and Security Services, Inc., is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

Thank you for your membership and support!

With kindest regards,
Dean A. Beers, CLI, CCDI
Region 5A Director

Legal investigators are responsible for providing factual evidence – as the fact finders, they are the foundation for the attorneys they work with daily. The attorney is responsible for forming and implementing the legal strategy and presenting it to the judge or jury. The legal investigator provides checks and balances to ensure that no evidence is being forced upon a theory, and that no theory is being forced upon the evidence.

Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases presents legal investigators with a step-by-step process that reveals how to methodically find and report evidence in every aspect of the investigative process. Similar to the scientific principle of using research to prove or disprove a theory, the author’s Investigative Protocol is designed to find the facts that prove or disprove criminal charges, civil allegations, or elements thereof. The book includes case studies that clearly detail how the process of the Investigative Protocol applies to every assignment of the case and to the case as a whole. Comprehensive and methodical, the system provides a map to the truth.

You can view individual chapter abstracts, download individual chapters or the full ebook, at http://www.crcnetbase.com/isbn/9781439844847

Don't forget to get 20% off - enter discount code 083MA when ordering, and you can choose free shipping!

www.MedicolegalDeathInvestigations.com
 for details and registration.

Includes the Ethics program for FREE
($25 value)!

This continuing education based death investigation course is a basic introduction into the concepts of the official investigation of death, such as by a coroner or medical examiner office, and the role that the private investigator may play in an equivocal death investigation. As might be expected, there are similar roles, overlapping roles and, of course different roles and responsibilities.  Although developed for continuing education, the concepts and methodology are suitable for any private or government sector investigator looking to expand their investigative knowledge into the basics of death investigation, and even personal injury investigations and injury causation.

This course is designed to provide the investigator currently working in, or interested in working in, the death and personal injury investigation fields the knowledge and insight to informatively and intelligently conduct a criminal defense or civil investigation in which serious bodily injury or death is the subject matter of the litigation.

This course is approved for 14 hours of instruction for Certified Legal Investigators (CLIs) and PIs in TX, OK, and IA; 12 hours in GA, TN and KY; 8 hours in LA and KS; 10 hours in OR and SC; 6 hours in NC; 4 hours in NM. An exam will be administered upon the conclusion of the program. If the candidate passes with a score of 75% or better, a certificate of completion will be issued in accordance with state licensing authority standards.

* This course may qualify for other private, government and association CE credit - please contact the oversight authority.