Use of GPS Tracking Devices
A person who does any of the following is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:
(a) Installs or places a tracking device, or causes a tracking device to be installed or placed, in or on a motor vehicle without the knowledge and consent of the owner of that motor vehicle or, if the motor vehicle is leased, the lessee of that motor vehicle.
(b) Tracks the location of a motor vehicle with a tracking device without the knowledge and consent of either the owner
Exempt from this statue are Police Officers, Bondsmen and Private Investigators:
(j) Except as provided in subsection (3), the installation or use of a tracking device by a professional investigator or an employee of a professional investigator lawfully performing his or her duties as a professional investigator or employee of a professional investigator for the purpose of obtaining information with reference to any of the following:
(i) Securing evidence to be used before a court, board, officer, or investigating committee.
(ii) Crimes or wrongs done, threatened, or suspected against the United States or a state or territory of the United States or any other person or legal entity.
(iii) Locating an individual known to be a fugitive from justice.
(iv) Locating lost or stolen property or other assets that have been awarded by the court.
** IF YOU HAVE BEEN SERVED WITH A PERSONAL PROTECTION ORDER – DO NOT CONTACT US.
In that case, we can NOT install one of these units for you.
338.822 Definitions.
Sec. 2.
As used in this act:
(a) “Certified public accountant” means a person licensed as a certified public accountant under article 7 of the occupational code, 1980 PA 299, MCL 339.720 to 339.736.
(b) “Computer forensics” means the collection, investigation, analysis, and scientific examination of data held on, or retrieved from, computers, computer networks, computer storage media, electronic devices, electronic storage media, or electronic networks, or any combination thereof.
(c) “Department” means the Michigan department of labor and economic growth.
(d) “Insurance adjuster” means a person other than a professional investigator who, for a consideration, engages in the activities described in subdivision (e) in the course of adjusting or otherwise participating in the disposal of claims under or in connection with a policy of insurance. Insurance adjuster includes any of the following:
(i) A person who is employed on a salary basis by an insurance company.
(ii) A person, firm, partnership, company, limited liability company, or corporation who acts for insurance companies solely in the capacity of an independent claim adjuster while performing within that capacity.
(iii) A person, firm, partnership, company, limited liability company, or corporation engaged in the business of public adjuster acting for claimants in securing adjustments of claims against insurance companies and who does not perform investigative services including, but not limited to, surveillance activities.
(e) “Investigation business” means a business that, for a fee, reward, or other consideration, engages in business or accepts employment to furnish, or subcontracts or agrees to make, or makes an investigation for the purpose of obtaining information with reference to any of the following:
(i) Crimes or wrongs done or threatened against the United States or a state or territory of the United States, or any other person or legal entity.
(ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person.
(iii) The location, disposition, or recovery of lost or stolen property.
(iv) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or property.
(v) Securing evidence to be used before a court, board, officer, or investigating committee.
(vi) The prevention, detection, and removal of surreptitiously installed devices designed for eavesdropping or observation, or both.
(vii) The electronic tracking of the location of an individual or motor vehicle for purposes of detection or investigation.
(viii) Computer forensics to be used as evidence before a court, board, officer, or investigating committee.
(f) “Licensee” means a person licensed under this act.
(g) “Professional engineer” means a person licensed under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014, as a professional engineer.
(h) “Professional Investigator means a person, other than an insurance adjuster who is on salary and employed by an insurance company, who for a fee, reward, or other consideration engages in the investigation business.
A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a penal fine of not more than $5,000.00, or both.
Before you hire someone to do a computer forensic examination – Make sure they are licensed !!
PROFESSIONAL INVESTIGATOR LICENSURE ACT
| Document | Type | Description |
| Section 338.821 | Section | Short title. |
| Section 338.822 | Section | Definitions. |
| Section 338.823 | Section | License required; investigation of prohibited activities; civil or criminal action; violation; penalty. |
| Section 338.824 | Section | Exemptions from act. |
| Section 338.825 | Section | License; issuance, duration. |
| Section 338.826 | Section | License; qualifications; reciprocal agreements. |
| Section 338.827 | Section | Application for license; notarized statement as to qualifications; investigation of applicant. |
| Section 338.828 | Section | Application for license by corporation; contents; copy of incorporation certificate. |
| Section 338.829 | Section | License; conditions of issuance; fee; duration; suspension or revocation; bonds; branch office; filing completed application; issuance of license within certain time period; report; “completed application” defined. |
| Section 338.830 | Section | License; suspension or revocation; grounds; additional sanctions; surrendering license and identification card; noncompliance as misdemeanor. |
| Section 338.831 | Section | License fee; refund; conditions. |
| Section 338.832 | Section | License; posting. |
| Section 338.833 | Section | Reporting name or location change in agency; new license. |
| Section 338.834 | Section | Identification card; issuance; form and contents; maintenance, custody, and control; duplicates. |
| Section 338.835 | Section | Nonassignability of license. |
| Section 338.836 | Section | Display of unauthorized badge, shield, identification card, or license; violation; penalties. |
| Section 338.837 | Section | Licensees; employment of assistants; records; false statements; fingerprints. |
| Section 338.838 | Section | Hiring of person convicted of certain felonies or misdemeanors prohibited; refusal to surrender license or identification card. |
| Section 338.839 | Section | Carrying deadly weapon; license required. |
| Section 338.840 | Section | Divulging of information; willful sale of or furnishing false information; penalty; privileged communications; notice and hearing. |
| Section 338.841 | Section | Violation of act; report of conviction by prosecuting attorney. |
| Section 338.842 | Section | Advertising; contents; discontinuing misleading advertising; notice. |
| Section 338.843 | Section | Trade names; approval by department. |
| Section 338.844 | Section | Record of business transaction and reports; retention. |
| Section 338.845 | Section | Investigation of applicants; complaints; subpoenas; fees; failure to obey; penalty; testimony under oath. |
| Section 338.846 | Section | License; renewal; fee; bond. |
| Section 338.847 | Section | Death of licensee; carrying on business; notice to department; sale of business. |
| Section 338.848 | Section | Employment of agents; rules. |
| Section 338.849 | Section | Application of act as to license applications and renewals. |
| Section 338.850 | Section | Repeals. |
| Section 338.851 | Section | Violation; penalty. |