Today I’m posting part of an article published on Pursuit Magazine, the magazine for professional investigators, written by my web-guru, P.I. and better half, Colleen.  Although she wrote it mostly for mystery, thriller and suspense writers, the article also contains pertinent legal guidelines for P.I.s who might use pretexting in their work.

“TO TELL THE TRUTH, I LIED A LITTLE.”

Pretexts can be helpful in a P.I.’s work, as long as they are used legally and with good judgment

~PRIVATE EYE JAKE GITTES IN THE MOVIE CHINATOWN

by Colleen Collins

The private eye genre has long been a favorite for writers, from the novel The Maltese Falcon by Dashiell Hammett to the current hard-boiled hoax by J.K. Rowling, author of the Harry Potter books, who secretly penned a private-eye novel, The Cuckoo’s Calling, under the pseudonym Robert Galbraith.

Besides having owned my own private detective agency for a decade, I’m also a multi-published fiction author. For the past three years I’ve also been a judge for the Private Eye Writers of America, in which capacity I’ve read over two hundred hardcover private eye novels. Sometimes writers have done their research and compose compellingly realistic investigative scenarios, from conducting witness interviews to what it’s like working for a defense attorney.

And sometimes, writers being writers, they make stuff up. Stuff that no real-world private investigator would do unless he or she liked the word “felon” tarnishing their reputation and deep-sixing their P.I. career.

In this article, I discuss the investigative practice of pretexting, with tips for writers on how their private eye characters can come across as realistic, not ridiculous, when using it.

WHAT IS PRETEXTING?

Pretexting is, basically, using a phony script to obtain information from someone, often playing on people’s natural desire to talk and be helpful. The pretexter might pretend to be someone else, tell a white lie, or create some other deception to acquire this information. Although in recent years pretexting has gotten a bad rap, when used legally and with good judgment, it can be an indispensable investigative technique.

Often a P.I. will pretext over the phone, although it can also be done in person, by mail, email or phishing. However, fabricating stories to obtain information isn’t typically the first avenue of approach for an investigator. Often, the information a P.I. needs can be found in public records as well as through Internet and database searches. Sometimes, a P.I. can get the information you want by simply asking for it.

Whether a P.I. chooses to pretext, or a writer crafts a scene using this tactic, keep in mind that in certain situations, pretexting is against the law. I’ve outlined three of these situations below:

ILLEGAL: IMPERSONATING A POLICE OFFICER, LAWYER, OR DOCTOR

A private investigator must never impersonate a police officer, lawyer, or doctor. Doing so sets the stage for the P.I. spending some quality time behind bars. In our state a few years ago, a P.I. was nailed for not only impersonating an officer, but threatening the subject with a firearm while assaulting the subject. (And this was for a process service!) The subject, after learning the guy wasn’t a law enforcement officer but a P.I., hired an attorney—who filed a lawsuit against the private investigator.

To read the full article, click here.

Denver Criminal Defense Attorney Shaun Kaufman

Shaun Kaufman Law, P.C., emphasizes trial practice, as well as negotiating just settlements. To contact Shaun Kaufman, call 303-309-0430 any day of the week, 24 hours a day.  Or, fill out the form on the right side of this page, and Shaun will get back to you as soon as possible.