Surveillance is a crucial aspect of conducting an investigation. Some types of evidence and information can only be gleaned from diligent surveillance. However, illegal or unethical surveillance practices may get private investigators in hot water, resulting in stalking or harassment charges.
Investigators should adhere to federal and local laws when on a case, as well as adhere to strict ethical guidelines. In this guide, we’ll share what investigators should–and shouldn’t do–while conducting surveillance.
What is PI Surveillance?
Private investigators rely on surveillance to gather information and evidence about groups or individuals. A PI might conduct surveillance when working on a legal case, trying to identify a suspect, or monitoring for potential criminal activity. Surveillance is key to uncovering crucial information, but there are checks and balances in place that protect the rights of individuals who might become the targets of surveillance.
What are the Best Methods for Surveillance?
Security professionals and private investigators can conduct surveillance in a variety of ways, each method bringing its own set of advantages. Most private investigators should employ several methods of surveillance while on the job to get a complete picture of a person or group.
Investigators commonly use the following surveillance methods while working:
- Direct Surveillance: Also referred to as physical surveillance, this method involves following and observing a target to gather evidence and other information. PIs often use disguises when observing targets up close, or binoculars to observe targets from a distance while surveilling from a car.
- Electronic Surveillance: This type of surveillance requires tools like microphones, cameras, GPS trackers, and more to gather information on a target. Electronic surveillance allows security professionals and private investigators to observe targets from afar when following them from location to location isn’t an option.
- Computer Surveillance: With so much of the modern world connected digitally, investigators can learn a lot about someone by monitoring their computer habits. Computer surveillance helps PIs uncover what sites a person frequents, emails they send and receive, online groups they’re a part of, and more.
Though effective, these surveillance methods can cross the lines and be considered stalking if investigators disregard local and federal privacy laws.
What are the Limits of Surveillance?
Laws and regulations are in place to protect the rights of individuals, ensuring their privacy is not violated or infringed upon in any way. As such, investigators need to be mindful of their limits and informed as to what they can and cannot do when conducting surveillance.
Public Spaces
Private investigators typically have more leeway to conduct surveillance in public spaces where there is no reasonable expectation of privacy. These spaces include streets, parks, beaches, and more. However, some areas may have restrictions even in public spaces, so investigators should be well-versed in their state’s regulations.
Trespassing
Investigators cannot trespass on private property to conduct surveillance without permission, even with suspicion of illegal activity. They must stay within legal boundaries and avoid entering private premises without proper authorization.
Electronic Surveillance
Private investigators are typically prohibited from electronically surveilling individuals without their consent, such as wiretapping calls, bugging cars or living spaces, and intercepting emails and text messages. Only valid legal authorization from a court or other federal organization is admissible in these situations.
Consent
In many states, PIs require the consent of the individuals being surveilled. Without proper consent, the surveillance may be deemed illegal. However, exceptions may apply in certain situations, such as when the investigator is conducting surveillance for a legitimate purpose with the authorization of a client or court.
Can Private Investigators Be Charged With Stalking or Harassment?
If investigators disregard local and federal laws regarding privacy, they can absolutely be charged with stalking or harassment. Multiple cases exist where investigators have been arrested and charged because they crossed the line with their targets.
The following instances can result in a private investigator being charged with stalking and harassment, or facing even more serious charges.
1. Repeated, unwanted behavior: Stalking and harassment typically involve repeated and unwanted behavior directed towards an individual. With private investigators, this may include monitoring, contacting, or surveilling the person in a persistent and intrusive manner.
2. Fear, distress, or emotional harm: If the investigator causes the target to experience fear, distress, or emotional harm, this can be classified as harassment or stalking. Threatening behavior or a constant presence can cause fear and distress in your target.
3. No legitimate purpose or consent: An investigator must have a legitimate purpose to conduct surveillance on a target. If an investigator conducts an unauthorized investigation on behalf of a client, or if they do not have the consent of the person being surveilled, it increases the likelihood of being charged with stalking or harassment.
4. Violation of restraining orders or protective orders: This should go without saying, but if a private investigator violates a restraining order or protective order issued by a court, which prohibits them from contacting or approaching a specific individual, it can lead to charges of stalking or harassment.
5. Unlawful surveillance methods: Engaging in illegal surveillance methods, such as unauthorized wiretapping or hacking into personal phones or computers, has its own specific consequences and can also result in a charge of stalking or harassment. Many states also have strict regulations on whether or not investigators can use GPS trackers–always check your state’s specific laws before using these types of tools.
6. Persistent unwanted communication: If the investigator engages in excessive and unwelcome communication, such as repeatedly sending messages, emails, or making unwanted phone calls, it can be considered a form of harassment. Investigators should adhere to a strictly professional method of communication when working on a case.
How to Conduct Surveillance the Right Way
Surveillance can be conducted both legally and ethically so long as investigators are properly trained and informed.
Know Your Limits
Before conducting surveillance or beginning a case, find out what the privacy laws are in your jurisdiction. Learn the regulations and limits by heart so that you don’t cross a line when conducting surveillance.
Learn more: What Can a Private Investigator Do (and Not Do)
Get Proper Authorization
When in doubt, contact the court for proper authorization before you begin surveillance. You’ll be able to justify your actions ahead of time and get the go-ahead from the right authorities in case anything goes wrong. If your request is denied, you’ll have to think of some other ways to get the information you need–but you’ll likely avoid any charges.
Brush Up On Surveillance Ethics
Private investigators are held to high ethical standards. Investigators should conduct themselves in a manner that upholds the integrity of their profession and respects the rights and dignity of the individuals they are investigating. Beyond local restrictions in your area, you should have a firm grasp of surveillance ethics.
Take a Surveillance Ethics for Investigators Course from NITA →
What Happens if an Investigator is Charged with Stalking?
Being charged with stalking can have significant legal implications. Private investigators who are charged with stalking must go through the full legal process, including potentially facing criminal charges, and their ability to continue practicing may be affected by the outcome of the case.
Some states may completely revoke your license if charged with stalking or harassment, while others may suspend your license for a time. Professional development courses may be required in these scenarios. In addition, these charges can also impact your professional reputation. Clients may be hesitant to hire an investigator with such a charge on their record, as it raises concerns about their trustworthiness and ability to operate within the bounds of the law.
The best course of action to maintain your credibility as a private investigator is to avoid such charges as much as possible. With that said, even if you are accused of stalking or harassing a target, that does not necessarily mean you’ll be charged in a court of law. As long as you adhere to the proper ethics and guidelines, you should be well within your limits and free of censure.
Conduct Yourself with Integrity
By following federal and local laws and adhering to a strict code of ethics, investigators should be able to avoid any suspicion or charge of stalking throughout their careers. The first step to becoming a professional and ethical investigator is to receive the proper training.
At NITA, we provide pre-license training and continuing education online for private investigators looking to start or advance their careers. Trust us to provide the necessary training so you can become an accomplished and successful private investigator.
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