Tuesday, September 27, 2016

Private Detectives in 2077

Once again, not a real ad, not a real agency. Artwork ©1989 Jeff Laubenstein, from Sprawl Sites (©1990 FASA Corporation, ©2016 Catalyst Game Labs),  no infringement intended. Photoshoppery by me.
So before we begin the game, there are some things that need to be said about what private investigators are and aren't.

What Can RCI Do?
Investigators for RCI typically help people locate clients' birth parents, find missing or stolen property (though typically not repossess it, despite what the prop ad above says), conduct security audits for small businesses and companies (few if any megacorporations would hire a local firm to do this - they have too much pride), investigate cases of infidelity or missing persons, or any issue the police (or in this case Lone Star or Knight Errant) can't (or won't) do much about. As noted in the above prop ad, RCI does provide personal security for clients. Typically this is just for visiting celebrities, but occasionally a Mr. Johnson may hire them out if they feel their own retinue's firepower and abilities may be lacking.

Another service provided by RCI is that of occult investigations. In the spirit-filled Sixth World, hauntings, demonic possession, and the like are no longer continually scoffed at by skeptics - though there are of course skeptics on both sides of the fence who actively work to debunk the actual fakes.

In short, the bulk of a PI's work involves civil cases and possibly consulting with law enforcement about active cases (willingly or unwillingly, depending on their relationships with the Star and who the players are). Despite not having the gravitas of constantly dealing with criminal investigations, private investigators are NOT above the law.

What RCI Investigators Can't Do
There are a number of things private investigators in general can't do, and a few niggling details about what private investigators in Nebraska can't do. Let's look at the big picture first - the things you can't do as a private investigator.

Licensing: Private investigators must be licensed for the state they are operating in. In this game it's assumed the characters are training to be or are licensed private investigators hired by River City Investigations. Trainees are expected to work with an active licensed investigator for a set amount of time, spend a certain number of hours in the classroom, get certified to carry a concealed weapon, submit an application and undergo a background and fingerprint check (of course in Shadowrun, this would mean a character would have to have a SIN (System Identification Number) - either a real one or a convincing fake). The downtime used to train and recertify isn't going to be played out unless there's a pressing (or entertaining) need for it in the story.

Impersonating Law Enforcement: Because private investigators deal primarily with civil issues, they don't have the same powers as the Star. There's no uniforms, no flashing of a badge or gun - meaning you're not a cop and you can't claim to be one. That's not to say that a former cop-turned-PI couldn't pull some strings with buddies on the force to get info or otherwise try to use what little clout they retain from their past life to do their job, however. Overall, a private investigator is supposed to work with local, state, and federal authorities, depending on the circumstances. Of course, just because you're supposed to "play nice" with the Star doesn't mean you have to like it.

Trespassing: A private investigator can't break into or otherwise trespass on a property, house, or building (some states even require them to get the owner's permission to enter before doing so). The only exemption to this is if the PI is serving papers as a process server, depending on the state they live in.

Surveillance: This is a tricky conditional situation. Private investigators do rely on surveillance and interviews quite a bit, but there are limits to how, when and where they get their information. Wiretapping a phone or other communication system without consent from one of the individuals is forbidden. Nebraska is considered a one-party state when it comes to recording calls and conversations, specifically:
Neb. Rev. Stat. § 86-290(2)(c) - It is not unlawful under sections 86-271 to 86-295 for a person not acting under color of law to intercept a wire, electronic, or oral communication when such person is a party to the communication or when one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any state.
Across the river, Iowa's law states:
Iowa Code Ann. §§ 808B.2(2)(c) - It is not unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication if the person is a party to the communication or if one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing a criminal or tortious act in violation of the Constitution or laws of the United States or of any state or for the purpose of committing any other injurious act.
Pretty much meaning that if the investigator is part of the conversation and wants to record it, they can. Also, if a conversation is being held in public and is naturally loud enough to hear, a private investigator is certainly able to eavesdrop on it. Still, phone (or commlink) taps may require a warrant, which means working with law enforcement.

Taking pictures or video recording of public activities and meetings is not an issue as long as the subjects are out in the open public and not within a private building. That means you can't take pictures or video of them through a window. Mail tampering is right out, especially since the UCAS Postal Service has armed carriers nowadays.

GPS Tracking: Private investigators cannot place a GPS tracker on a vehicle without the consent of the owner. If a client wants to put a GPS tracker on a vehicle, it has to be in their name (for example, a husband tracking his wife's use of his vehicle to confirm suspicions of infidelity).

Hacking and Information Gathering: Ah hacking (or decking) - one of the great activities in Shadowrun. Hackers and deckers do a lot with regard to information gathering both online and offline. Online it's a matter of having the finesse to get into and out of a system without getting caught or at least getting away with the information. Offline, it's a matter of social engineering - pulling the wool over some poor wage slave's eyes and asking the right questions to get the needed information - or the security information to get to the actual goods. Private investigators can't hack into social media or e-mail accounts, nor can they run license plates without reason or access protected information (school, bank, medical records; phone records, etc) without the account holder's consent or a court order.

Legal Arrest: In today's United States, private investigators do not have the power to make a legal arrest, like a police officer can with handcuffs and the Miranda Rights. However, private investigators can make a citizen's arrest such as when an individual is endangering the public (attempted kidnapping, domestic abuse in public, etc) or when a federal offense is witnessed (like bank robbery). Some states require written consent for a PI to make specific arrests or may allow a PI to serve an arrest warrant under special circumstances.

Bounty Hunting: That leads us to another topic - bail bonds and skip tracing, commonly known as "bounty hunting". Nebraska frowns hard on the profession of bail bondsman to the extent that it's not a legal profession here. Meanwhile, in Iowa, bail bonds are legal. Unfortunately, as one Council Bluffs bail bondsman learned, you can't just chase your quarry down in Nebraska and bring them back to Iowa.

So That's 2016 - What About 2077?
Well, that's a good question. Things are going to be different. Laws get repealed, changed, loosened, tightened, circumvented, and generally bent out of shape in the dark future. There are sure to be specific requirements for PIs who are mages or technomancers that won't apply to regular gumshoes. Then there are always the regular tropes associated with private investigators in books, movies and TV - like the "I'm your buddy on the force so I'm gonna look the other way" card, and whatnot. I'm no expert and this is just a general overview. If something comes up in the game, I'll most likely determine if applying the modern law or a changed future version fits the story or if it's going to be handwaved.

That's the long and short of it from what I've researched. As the game progresses, I'm sure there will be more details unearthed...