In Re Harding
In Re Harding
Opinion of the Court
Appellant contends that the lower court improperly rejected his application for a private detective’s license. We agree and, therefore, remand with a direction that the lower court grant appellant a private detective’s license.
On March 3, 1976, appellant filed an application for a private detective’s license in the Court of Common Pleas of Lackawanna County, Criminal Division. As part of his application, appellant submitted two letters regarding
On March 29, 1976, the lower court rejected appellant’s application because it believed that appellant lacked the qualifications required by the Private Detective Act of 1953.
We must determine whether appellant’s work experience in the Bureau of Investigations of the Department of the Auditor General is sufficient to establish that he “has been regularly employed as a detective.” Our guidelines for this determination are ill-defined: no Pennsylvania appellate court case addresses the scope of this statutory provision and the Private Detective Business Act does not define “detective.” However, the activities regulated by the Act provide some insight into the qualifications the legislature meant to require.
Section 12(a) of the Act defines “private detective business” as follows: “ ‘Private detective business’ shall mean and include the business of private detective, private detective business, the business of investigator, or the business of watch, guard, or patrol agency.” (Emphasis supplied). Section 12(b) elaborates upon the activities performed by those engaged in “private detective business” and regulated by the Act.
“ ‘Private detective business’ shall also mean and include, separately or collectively, the making, for hire, reward, or for any consideration whatsoever, of any inves
“(1) Crime or wrongs done or threatened against the government of the United States of America or any state or territory of the United States of America.
“(2) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character, of any person, group of persons, association, organization, society, other groups of persons, partnership, or corporation.
“ (8) The credibility of witnesses or other persons.
“(4) The whereabouts of missing persons.
“(5) The location or recovery of lost or stolen property.
“(6) The causes and origin of, or responsibility for, fires, or libels, or losses, or accidents, or damage, or injuries, to real or personal property.
“(7) The affiliation, connection, or relation, of any person, partnership, or corporation, with any union, organization, society, or association, or with any official member or representative thereof.
“(8) With reference to any person or persons seeking employment in the place of any person or persons who have quit work by reason of any strike.
“(9) With reference to the conduct, honesty, efficiency, loyalty, or activities, of employes, agents, contractors and subcontractors.
“(10) The securing of evidence to be used before any authorized investigating committee, board of award, board of arbitration, or in the trial of civil or criminal cases.
“(11) The furnishing, for hire or reward, of watchmen, or guards, or private patrolmen, or other persons, to protect persons or property, or to prevent the theft or
Two cases from neighboring jurisdictions support our approach. In Norwood v. Ward, 46 F.2d 312 (S.D.N.Y. 1930), affirmed 283 U.S. 800, 51 S.Ct. 494, 75 L.Ed. 1422 (1931), the Court interpreted a statutory provision identical to the one in issue in this case as requiring an appli
The lower court concluded that appellant was eminently qualified by experience and character to be a private detective, but rejected his application solely because he did not have the power to arrest or to initiate enforcement proceedings. Because we hold that the requirements imposed by the lower court are not warranted by the Private Detective Act, we remand with a direction
Case remanded with direction.
. Act of August 21, 1953, P.L. 1273, § 1; Act of April 30, 1957, P.L. 98, § 1; 22 P.S. § 11 et seq.
. Appellant does not contend that he had any of the other work experience specifically listed in Section 14.
. See § 12(b)(1), (2), (3), (5), (9), and (10).
. The lower court also stated that the Department of the Auditor General is primarily engaged in auditing. As pointed out in the letter submitted by the Chief Counsel to the Auditor General, this characterization does not accurately represent the duties of the Bureau of Investigations whose employees do much of their work in the field.
. Both Norwood and Schulman avoided federal and state constitutional, issues of equal protection and special privilege. Appellant does not raise any constitutional objections as a basis for relief. Therefore, we do not consider the constitutionality of the Private Detective Act. See Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256 (1975).
Dissenting Opinion
dissenting:
The Private Detective Act of 1953, Act of August 21, 1953, P.L. 1273, § 1 (22 P.S. § 11) et seq., as amended, requires an applicant to establish that he “has been regularly employed as a detective, or shall have been a member of the United States government investigative service, a sheriff, a member of the Pennsylvania State Police, or a member of a city police department of a rank or grade higher than that of patrolman, for a period of not less than three years.” In order to interpret the general description “detective,” it is instructive to examine the other qualifying activities listed in the act. Each of the other activities necessitates membership in a trained, government regulated law enforcement organization. Each of the other positions carries with it the power to arrest. Yet, appellant’s employment has encompassed neither of these experiences.
In order to protect Pennsylvania citizens from untrained, self-styled detectives, the legislature has prescribed strict qualifications for those who would become licensed detectives. The legislature possibly could have included a broader range of experiences without opening the occupation to poorly qualified applicants. However, the purpose of the judiciary is interpretation of statutes, not amendment of them. If the legislature had intended to qualify members of the Pennsylvania investigative service, it could specifically have done so. If the legislature had intended to qualify persons who had been regularly employed as investigators, it could specifically have done so.
The majority interprets the statute to mean that an investigator is a detective. I am unconvinced. There can
Case-law data current through December 31, 2025. Source: CourtListener bulk data.