However, we are in search of facts and law, not just opinions.I spent some time in Texas last year. You can drive for days and not leave that State. Here in New Hampshire I can be in three different States in 60 - 90 minutes. Many residents live here and work just over the border. Crossing State lines is an important issue here in the Granite State.What do you do on surveillance when the subject crosses the border? Tough call. Steve Byers, my good friend and mentor, feels this is like following a subject to a members only club, like the American Legion. Surveillance stops at the door. You have no legal right to enter. The client should be happy
with the results and your professionalism. You didn't trespass.Steve feels the same concept applies to crossing State Lines. Stop at the border, unless you are licensed there. Many licensing authorities mirror this sentiment. However, this does not make it right...or wrong.Your driver's license is accepted in all states, temporarily, as long as you are just passing through and not living there. Your marriage license is accepted permanently. Why not your PI license?Licensing Agents here in New England seem to subscribe to the philosophy that a license is required to cross the line to do any part of an investigation.One New England licensing agent recently stated, to a licensed PI, that crossing the line and having a "conversation" with a witness was not an investigation, but if you "interviewed" the witness, you were "investigating." I would explain this further, but I don't quite grasp it.There are several scenarios possible: A mobile surveillance where the person unexpectedly crosses the State line. What about a case for a NH attorney? A case in NH Court and one witness lives over the border? Or the witness lives in NH but his wife tells you he is at work, in a bordering state, close by. He does have time to see you today. Do you go?There are a myriad of opinions and possible solutions. I network with a lot of PIs in neighboring states. I can pick up a phone and get it done. But this does not answer the question. When can you cross a State line?DISCUSSIONSome interesting data can be found in American Law Reports, 93 ALR 2nd.According to this compendium of cases, a licensed individual who performs a single act, or isolated transactions, in a foreign State, willnot be considered as engaging in that occupation, within the purview of the law requiring licensure of that occupation.
The Courts look at the intent to engage in these activities with any permanency: In other words, holding themselves out for hire, or "do business" in the foreign state.A foreign (out of State) Corporation/individual, by doing a single isolated act of business, with no purpose of doing any other acts there, does not come within the provisions of a statute requiring foreign companies to comply with specified conditions before they are permitted to do business within the state.To "do business "is to carry on any particular occupation or profession.According to data in 93 ALR 2nd: when confronted with a single or some isolated transactions, the Court, in reality, determines the intent of the individual. In order to connecticut concealed carry
determine jurisdiction they apply a more flexible approach:"The Department will consider the following factors in determining jurisdiction.