In our year end blog, we reflected on various topics covered during 2023 and specifically those relevant to both private investigations and security services. As we begin the new year our focus for January will be the topic of Surveillance Investigations. This is a complicated subject matter entwined in legal, ethical and logistical complexities. For most investigators other than desktop analysts, this is the essence of a private investigators’ work. Surveillance is the bread and butter of investigation work and when combined with physical security, can be utilized together to achieve high level intelligence for clients.
Clients retain private investigators to conduct surveillance for a wide array of subject matter such as: uncovering insurance fraud, child custody matters, employee malfeasance, loss prevention, vandalism and theft. While often portrayed as sexy, and the intriguing part of a private investigator’s occupation, to the contrary surveillance is labor intense, requires very disciplined focus and is far from sexy. This blog will help clarify some of the rules of the road, misconceptions and myths associated with surveillance. Our hope is to empower you with important information and to ensure that the private investigator you engage with is sharing this important information with you.
Thanks to the ubiquitous use of smartphones, surveillance today is a bit more efficient and not as clandestine as the days of large camcorders and other cloak & dagger technology. Smartphones, in addition to having high level still photography and video capabilities, are a common accessory for just about everyone. Following subjects into a public space or covertly in more restricted areas, no longer raises the suspicion of the most intuitive targets. The use of commercial surveillance vehicles with dark tinted windows, often conspicuous to the untrained eye, have long been replaced by more common vehicles which easily blend into most residential neighborhoods. Additionally, static or fixed mounted surveillance cameras used primarily by local law enforcement for traffic enforcement and crime prevention are now accessible to the private sector and becoming more vogue with PIs. Private investigators now have the capabilities of setting up a static cameras that discreetly blends in with other devices, such as on a light pole with direct view of a target’s residence or business allowing for offsite monitoring and cloud recording. While upfront costs for a static surveillance investigation may be more expensive than traditional surveillance, you can optimize results with less manpower thus reducing the direct labor costs associated with physical surveillance.
Knowing The Law
The legalities associated with surveillance can vary significantly depending on the jurisdiction and the specific context of the surveillance. Laws and regulations related to surveillance are designed to balance the need for public safety and security with individuals’ rights to privacy. Before hiring a private investigator, here are some general things to consider:
Consent: In many jurisdictions, individuals generally have a reasonable expectation of privacy, and capturing their private activities without consent may be illegal. Consent requirements may vary depending on whether the surveillance is conducted in public or private spaces. Be weary of PIs that don’t explain these important distinctions to you upfront.
Public vs. Private Spaces: Different rules often apply to surveillance in public spaces versus private spaces. Individuals generally have a lower expectation of privacy in public spaces, but there are still limitations on the extent and type of surveillance that is permissible.
Government Surveillance vs. Private Surveillance: Government surveillance is often subject to specific legal frameworks, court order and oversight. Laws may regulate the use of technologies like CCTV cameras, facial recognition, and other surveillance methods by government agencies exclusively. Private Surveillance: Private entities, such as businesses or individuals, may also engage in surveillance for various reasons, such as security or monitoring employees, however there are laws that regulate the use of surveillance cameras, GPS tags, audio recording, and other monitoring methods by private entities.
Wiretapping, Electronic Communications and Data Protection and Privacy Laws: Laws often govern the interception of electronic communications, including wiretapping of phone conversations and monitoring of internet communications. In many jurisdictions, consent is typically required for intercepting private communications. Make sure your private investigator understands how many parties are required to give consent. Data Protection and Privacy Laws: Many countries have data protection and privacy laws that regulate the collection, processing, and storage of personal information. These laws may require entities to inform individuals about the purpose of surveillance and how their data will be used.
Employee Monitoring: Employers may monitor employees in the workplace, but there are typically limitations to the extent and methods of monitoring. Informing employees about monitoring practices and obtaining their consent may be required in some jurisdictions.
Consulting with an Attorney: Surveillance and surveillance work products are serious evidentiary subject matter. Consulting with an attorney on the use and purpose of hiring a PI to conduct surveillance is highly recommended. Written investigative reports and related video and audio surveillance evidence is only privileged and confidential when this work product is addressed to your legal representative. If you have specific concerns or questions, it is always advisable to seek the advice of a qualified legal professional.
What questions you should ask your private investigator before you engage their services:
Intelligence Gathering Phase: All investigations begin with gathering as much information about the subject and subject matter as possible. A cautious investigator will often recommend a pre-surveillance reconnaissance to gather intelligence, possibly 2-4 hours in length, to improve the likelihood of a successful longer-term investigation. Understanding the culture and demographics of the surveillance environment assists the PI firm to choose the correct personnel and tools to enhance the outcome and function more organically within the surveillance terrain. Surveillance logistics often begins with database and social media searches to learn more about the subject, their patterns of behavior, friends, acquaintances and to obtain the most current physical data about that subject.
Expectations: It is critical that your investigator understands the objectives and expectations of the client. This is where your attorney can step in and be very helpful. An attorney or legal advisor is better prepared to understand the legalities of a surveillance and ensure that the information you’re seeking aligns with an active legal action they are representing you on, or one being considered for filing.
Don’t confuse a street savvy investigator with a made for prime-time Hollywood PI. A good investigator is a cautious one and must be willing to put the letter of the law before money and raw emotion. An investigator willing to take on your surveillance must do their own due diligence and conflict check to protect you and them from engaging in any investigation that could compromise or constitute a breach of the law or your confidentiality.
Budget & Pricing: Before agreeing to hire a private investigator for surveillance purposes, be certain to obtain their billing methodology, use of retainers, and reporting process. Client’s need to be advised that there may be ancillary expenses that will be assumed by the clients such as transportation, vehicle costs, meals, etc. Complex investigations may require the use of multiple field operatives to achieve the desired results. Additionally, all clients should be advised that despite best efforts, intelligence and an up-to-date activity schedule, surveillance subjects often change their behaviors, and itineraries, thus resulting in failed surveillance attempts.
Conclusion
Surveillance can be an extremely rewarding experience for clients and their investigators. A positive surveillance investigation can reduce doubt, corroborate evidence, prove an allegation to be factual, or simply provide closure. Whatever your seeking, approaching a surveillance with an informed understanding of the law and aligning that with your objectives, should reduce costly mistakes and mitigate the obstacles associated with these complex investigations.
At Integrated Security Services our seasoned team of investigators pride ourselves on our experience and desire to educate and empower clients on the myths associated with surveillance investigations. To speak with an investigative team member, call our toll-free number (888)-808-9119 or by visiting our website at www.intesecurity.com
