Author’s note: This article examines some little-recognized statutes that could impact the admissibility of evidence in various forums in New Hampshire.

MEMBERS OF THE New Hampshire League of Investigators (NHLI), the only professional association of licensed investigators in the state, have noted that they are rarely asked about their license status during depositions or hearings. Many members frequently encounter private individuals gathering information, carrying out surveillance or performing other investigative activities for the same purposes and types of clients, but who claim not to need an investigator’s license due to the name they chose for their activities.

The Fourth Amendment and its progeny, the Exclusionary Rule, have long governed the admissibility of evidence in criminal cases. In civil trials and other forums, the courts rely upon the Rules of Evidence, District and Superior Court Rules and the discovery and deposition process. All of the above are designed to guarantee a full, fair and impartial hearing based upon competent and legally gathered facts.

New Hampshire RSA 106-F could and should have an impact on the gathering and admissibility of evidence in New Hampshire.

106-F:4 – Definitions. In this chapter:

I. “Person” means an individual employed by or doing business as a company, partnership, corporation or other business entity.
I-a. “Applicant” means any person who makes application to engage in any activity regulated under this chapter.
I-b.“Private detective” means a person engaged in conducting investigations involving, but not limited to: (emphasis added)

(a) Unsolved crimes.
(b) Insurance.
(c) Clandestine surveillance.
(d) Missing persons.
(e) Lost, concealed or stolen property.
(f) Escaped felons or wanted persons subject to reward for capture.

II. “Private detective agency” means the business of collecting for a fee, hire or reward information on the identity, conduct, movements, whereabouts, affiliations, transactions, reputation or character of any person, or otherwise doing investigative work for a private rather than a public interest.

106-F:2 Exclusions.
The following are excluded from the provisions of this chapter:

I. Insurance adjusters licensed as such.
II. Consumer reporting agencies and their employees who are engaged solely in the business of assembling or evaluating consumer credit information for a consumer reporting agency as defined in RSA 359-B: 3, VI.
III. Police officers, except as provided in RSA 106-F: 2-a, or fire investigators of the United States and the state, county, city or town, while assigned to duty by and performing as officers of their respective law enforcement or fire service agencies.
V. Towing or wrecking companies engaged in the repossession of vehicles.

However, it would appear that it is the activity, not the individual’s business title, which is licensed. The statute speaks very clearly to the issue that any person who engages in any of the activities described in RSA 106-F: 4-II must first obtain an investigator’s license to do so, unless he or she falls within the specific statutory exemptions. This would seem to apply, but not be limited to, any self-employed individual if he or she does more than “interviewing parties or witnesses in any legal matter.”

It would be a logical progression that evidence gathered pursuant to those guidelines would be subject to further scrutiny if not gathered by a licensed entity. The provisions of the statute would not apply to any full time (W-2) employee of a law firm or business who is working only for that firm or business.

RSA 106-F protects the public and law firms who utilize the services of an investigator, as the statute requires a $10,000 bond as a condition of licensing. All evidence presented should be scrutinized based upon all applicable statutes and rules, not mere semantics regarding the title of its originator. Information regarding RSA 106-F can be obtained from the Licensing Agent, the New Hampshire Department of Safety at (603) 271-3575.

Members of the NHLI must meet the requirements of NH RSA 106-F and comply with the League’s strict Code of Professional Ethics. Membership in the NHLI is not mandatory, nor is it associated with RSA 106-F. Membership is the hallmark of the professional investigator who wishes to avail himself or herself of the ongoing educational opportunities, the NHLI publication, The PROBE and the NHLI Web site.

For information regarding the NHLI please visit its web site at www.nhli.net or call (603) 753-6734.

John M. Healy is president of the New Hampshire League of Investigators and president of the New England Council of State Investigator Associations (NECOSIA). Healy, a retired NH State Police Lieutenant, operates Litigation Intelligence Services of Warner.

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