I am familiar with two cases (one in NC and the other in TX) where the judge would not allow the person to testify because they were not licensed as a private investigator in the state. In both instances, the Fire Inv had gone to the fire, taken photographs, collected evidence, and interviewed multiple parties. The NC judge stated in open court that he could not in good faith allow the person to testify when doing so would be a violation of NC statutes. I am also aware of one case in NC where the judge allowed an individual to testify, but instructed the jury that they could consider his not being licensed as a PI toward his credibility as a witness. I am not aware of the PI Board in NC getting involved before an individual testifies. Their involvement has always come after the fact - when the judge himself made the request that they initiate an investigation.

As for interference with interstate commerce, I have had three attorneys tell me that the police powers in the US Constitution give the states the right to regulate private investigators, doctors, hair dressers, etc. I was instructed by a prior employer to retain an attorney to research the matter and did so. We provided him with all of the state licensing statutes. He did not see a way around the state regulations.