Longtime private investigators say Massachusetts State Police is denying license renewals
Longtime private investigators say the Massachusetts State Police is denying their license renewal applications. The PIs say the department is disqualifying police officers and preventing them from working, leaving criminal cases in jeopardy and putting some private eyes out of business.
Television shows like Magnum PI glamorize the life of private investigators. In reality, the job is often not as exciting, but it is rewarding. Joe DeSimone is a retired Cambridge sergeant detective and has been a licensed private investigator for nearly a decade. "Most of my business is criminal defense work," DeSimone said, "and most of those clients are indigent."
DeSimone keeps up his Peace Officer Standards and Training or POST certification so he can do traffic details in Cambridge. Recently he applied to renew his PI license and thought it would be easy because he says, "I was probably one of a handful of guys in the state that had the license prior to retirement."
POST certification
Months ago, the Massachusetts State Police, the agency that certifies private investigators, added language to the requirements on its website. It says, "The applicant shall not be currently certified by the Peace Officer Standards and Training (POST) Commission."
A decision that would effectively disqualify DeSimone and potentially hundreds of other police officers who work as private investigators.
"POST certification was developed to allow the public to keep an eye on police officers who were accused of things like excessive force etc.," said Domenic Paolino, DeSimone's attorney. "POST has nothing to do with being a private investigator."
Disqualified for police details
But DeSimone's POST certification was not the reason the State Police denied his application, in a letter it listed another disqualifier. That said he was denied because he does Cambridge police details. Joe says that decision effectively puts him out of business.
"Nowhere is that codified anywhere, there's nothing in writing, there's been no change to the statute even for the POST certification," DeSimone said.
Attorney Paolini cannot understand why this happening now. "He's been doing details for several years," Paolini said. "He was a municipal police officer, a detective sergeant, which should give him good qualifications to be a PI but they're saying the things that would make you a good PI disqualify you which is really mind boggling."
MSP says PIs must be former officers
The State Police told the I-Team, "Massachusetts General Law prohibits POST-certified individuals who exercise police powers from becoming certified private investigators (PI) – though they can function as an employee of another person who maintains a PI license."
Here is the language of the statute, which makes clear that PIs must be a former officer or member of a United States Investigative Service: M.G.L. c. 147 s. 24"
Attorney Paolini sees it differently. "What they have done is added their own qualifications without approval from the legislature or the legislature changing the law," Paolini said. "In our system, the legislature makes the rules, makes the laws and the courts interpret them. I don't see an interpretation by a court or by a legislator that changes these rules."
DeSimone says he is qualified and plans to appeal the decision. "The state police don't get to pick and choose, shouldn't get to pick and choose who is going to be a PI who is not going to be a PI," DeSimone said. "You put me out of business you put a lot of PIs out of business. It's unfair."
DeSimone's attorney says if they are not successful appealing to the state police colonel, he will head to court, where he is likely to have company. Other private investigators who also had their applications denied tell the I-Team, that's what they plan to do too.
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