Contrary to popular belief (and noir fiction), private investigators aren’t above the law. In fact, they have the same rights, responsibilities, and rules as every other private citizen. Unfortunately, there are some private investigators who have bought into the popular hype and consistently break the law in order to get the information their client needs. And, while this might seem like “going above and beyond the call of duty,” it’s actually a good way to get the client in trouble or the PI landed in jail.
While there are lots of things a Private Investigator can do to get your case solved, there are some things that are just not within a PI’s scope of expertise. Here are the top 7 things that no investigator should be promising that they can do.
7 Things Your Investigator CAN’T Do
1. Check Someone’s Bank or Financial Accounts
No one is allowed to look at another person’s banking or financial statements without written consent – either from the person or from a court order. Smart private investigators can track down business alliances, public records of sales, and other open-source information to make inferences about financial activity. But, anyone who claims to be able to “get into” another person’s financial files is either lying or on their way to jail. The Gramm-Leach Bliley Act, passed in 1999, says that using deceit in order to gain access to third party accounts is grounds for imprisonment.
2. Look at Someone’s Phone Records
Like banking information, phone information is heavily guarded by both state and federal law. The Telephone Records and Privacy Protection Act of 2006 says that anyone using fraud to obtain telephone records can get up to 10 years in federal prison and/or face fines up to $250,000 for individuals and $500,000 for organizations. That’s a big chunk of change to pony up, especially when online media gives many investigators free access to just as much information as these telephone records do.
3. See Someone’s Criminal Record
While it is possible to glean criminal activities from open publications, press releases, and personal testimony, private investigators are not allowed to use the National Criminal Information Center (NCIC). This database houses all the criminal records at the state, federal, and international levels. And, while police departments, the FBI, and other federal and state workers have access to these records, private investigators don’t. And, recently, a private investigator was arrested by the FBI for bribing an FBI officer in order to gain access to this database. Not very smart.
4. Run Someone’s Credit History
According to the Fair Credit Report Act (FCRA), no one can request a copy of a credit score unless it is verified by the individual personally. In addition, there are strict regulations of how that information can be used. For example, even if a person gives a private investigator consent to run their credit, it can’t be used in a legal proceeding unless the person is fully aware during the credit investigation that the information could be used against them.
5. Impersonate a Police Officer or Other Law Enforcer
There is some confusion in the minds of the public about exactly who is a representative of the government and who isn’t. Often, private investigators will take advantage of this misinformation by giving suspects or witnesses the impression that they are police or other federal agents. And, while this might work in the movies, it’s a sure-fire way to get arrested and jailed in real life. Recently a Florida investigator flashed a fake police badge to a neighbor who caught her trying to gain unlawful access to a home. She is now facing up to 5 years in prison and a suspension of her license if proven guilty.
6. Unlawfully Track By GPS
Here’s another one that works so well in movies, but is no bueno in real life. Unfortunately, this is not a cut-and-dried situation. Although there have been several laws making it illegal for federal and state employees to use GPS tracking in investigations, there are no specific rules about using it in private investigation. And yet, in December 2014, two California PI’s were arrested for using unlawful GPS tracking on members of the Costa Mesa City Council. So, while an investigator can defend his or her legal right to secretly track people using GPS, it may still land them in jail.
7. Use Custom Surveillance Technology to Videotape or Record Activities Without Consent
Legally, a private investigator can videotape or record people in any location that they have been given permission, or that is free space. That means, it is completely legal for a PI to ask permission to take pictures of a house from a neighboring yard – as long as he or she has gotten permission from the landowner.
What’s not legal is using specialized, military-grade surveillance or custom recording gear that can’t be easily obtained by any citizen. A good example is the new Range-R from L-3 subsidiary, Cyterra. This surveillance tool allows police to survey citizens in their homes based on movement and heat. While it might be okay for the FBI to use something like this (for now), it will land a PI in a lot of hot water.
The Thing to Remember Is…
No matter how important your case seems, it’s not important enough to go to jail or pay $500,000 in fines over. Make sure you are getting the best evidence and chance at legal success by hiring a private investigator that knows the rules and follows them. To find out more about what a private investigator can legally do to help you, contact us for a free consultation.
Emma Fillipoff, a beautiful blonde-haired 26-year-old from British Columbia, was last seen purchasing a pre-paid cell phone at an Ontario, Canada 7-Eleven on November 28, 2012.
After more than 200 leads and thousands of phone calls, interviews, and news stories, there is still no information about her location or safety. Her mother, Shelley Fillipoff has recently taken the next step in this investigation that many local police are considering a “cold case.” She has hired private investigator Jasper Smith to help find her daughter. And, although price is the last thing on her mind, the $95 per hour cost is potentially ruinous.
It can be terrible to find yourself to be in a position where you need to hire a private investigator to find someone you love. Not only does it mean constant worry and sleepless nights, but it can result in taking time off from work, which can impact your investigation funds.
Fortunately, the Internet provides a unique solution to families who are trying to finance private investigations. Sites like GoFundMe and Kickstarter are giving financially strapped families additional ways to raise the money to find the people they love. And they are having much more success than you would imagine.
Fillipoff, always hoping for the best, turned to crowdfunding as a way to manage the potential debt of hiring her private investigator. Within just the last few weeks, she has already raised more than $10,000 for the cause.
And crowdfunding has been such a successful way to find missing persons, it’s even being used in one of the most famous missing persons cases of all time – the disappearance of Amelia Earhart.
In 2014, pilot Dana Timmer started a Kickstarter campaign to again look into the famous disappearance. The campaign, backed by 251 contributors, raised over $33,000 to fund a search party over Howland Island, one of the areas that is rumored to have been close to the place Earhart disappeared. Unfortunately, the campaign fell short of its $2 million price tag, but it gives hope to many who are searching for family and friends many years after the fact.
Another example of successful missing person investigation fundraising was for the lost Oregon City man, Adrien Chase. Using the crowdfunding site DonationTo, they were able to raise almost $5,000 for posters, search parties, and private investigation.
No matter how impossible it seems to find the funds, there is a way for you to afford the private investigator you need. Crowdfunding is a 21st Century solution that gives you and your family a way to share the financial burden without having to give up the vital search for your loved one.
It was the summer of 1968 when Ann Sandoval opened the door to find two Marines holding an American flag. Without a word, she had known what they were there for. Alfred Moreno, JR, a boy she was raising as her own, had died in battle in Vietnam.
Though Sandoval had tried to talk him out of enlisting, Moreno couldn’t think of anything better to die for than his rights as a U.S. citizen. Sandoval said “He told me, “I can’t think of anything else. I have to go and fight for our country.'”
But, when the officers arrived with the bad news, they brought everything that could help heal the wound in her heart. Everything, except his dog tags.
V.R. “Swede” Roskam was a decorated commander and champion of educational and volunteer activism. During the Korean War, he served as a Company Commander, gaining empathy for both those who served for him and the people that he was working to protect.
Over 30 years later, decorated commander and President’s Volunteer Action Award winner V.R. “Swede” Roskam and his wife came into Sandoval’s life in the most unexpected of ways. The Roskam’s were taking a vacation to Vietnam when they heard of a local bazaar which sold dog tags from fallen soldiers.
Roskam’s wife, Martha, said, “V.R. told me, ‘That’s not right that they’re being sold. They belong to the families or the veterans who lost them. Get back there and buy them all.’ ”
A few moments later, and $20 lighter, Mrs. Roskam was given all of the tags the woman had to sell. As soon as the Roskam’s were back in their home state of Illinois, they were trying figure out how to find the rightful owners of the priceless mementos of lives lost overseas.
With the help a private investigator, the family created a plan to ensure that the families were able to receive the long-awaited last token of their fallen men. The created a website, authenticated 33 out of the 37 dog tags, and began a network of information that would eventually result in the return of all of them.
One of these dog tags – battered and bent – belonged to a man named Alfred Moreno JR. Through the tireless efforts of the private investigation team, the Illinois National Guard, and the National Archives’ National Personnel Records Center, they were able to return the battered tags to a shocked and grateful Ann Sandoval. As Roskam placed the tag of Alfred Moreno JR in her hands, she burst into tears.
“Everything’s home now,” she said, clasping the tag around her neck. “I can’t imagine someone being this kind to come all this way to bring me back this tag. This is a precious gift.” (Connie Cone Sexton, “Dog Tag Back Home,” The Arizona Republic)
Alfred Moreno JR and seven of his siblings had been under the care of Sandoval since 1966, after his mother had died of double pneumonia. Still, when the draft began just a few years later, Moreno was one of the first to sign up. Despite Sandoval’s pleading that he not go to war, the 20-year-old was determined to serve. A land mine explosion cut his life short just a few months after arriving in Vietnam.
The dog tags in her hands brought all of these bittersweet memories back to Sandoval, and the Roskams and the private investigation team were moved to tears.
Photo via Knox.edu
The Roskam’s son Peter, an Illinois Senator shared the group sentiment. “We knew this was going to be a Herculean task, but we had to get these back to people,” he said. “Each one of these tags represents a story of a life.”
V.R. “Swede” Roskam passed peacefully on March 13, 2015. But, his work with private investigation firms and public military officials to return the dog tags was an overwhelming success to people like Ann Sandoval. To find out more about his work, visit RoskamDogTags.com. To find out how a private investigator can help you find information about a fallen loved one, visit LauthInvestigations.com.
Although you might not know it, there are several “snoop specialties” that any private investigator might be an expert in. From cyber investigation and white collar crime to missing persons and divorce investigation, each investigator usually has a particular interest that can best help people who are dealing with that specific type of case.
General Investigators – This is a general, all-around investigator who can do anything from find your lost pet to locate an old high school teacher. Although they are licensed to investigate almost every type of case, they may have a specialty or extensive experience in another area.
Legal Investigators – These investigators work closely with law firms to develop information that can assist with legal proceedings. Some of these instances may include contract law, divorce proceedings, or healthcare-related background or ethical investigations. Legal investigators are vital parts of the trial process, and their testimony is often key to the outcome.
Corporate Investigators – Corporate investigators are one of the lesser-known snoop specialties, often because their work is not as glamorous as others. These investigators work with financial figures, data, and interoffice communications to track down inappropriate behavior or mismanagement of funds. Often, they are called in to work on merger and acquisition proceedings, and provide in-depth information about the company that is being acquired.
Cyber Investigators – These individuals use technology to gather information. As the growth of the internet and cyber-crime increases, this is one of the fastest-growing snoop specialties today. Cyber investigators can track IP address of cyberbullies, glean erased data from hard drives, and gather data about online predators.
Workmen’s Compensation Investigators – Workmen’s compensation investigators work closely with corporations and insurance companies to verify that claimants are truly as hurt as they say they are. They may do personal interviews with friends and neighbors, follow a claimant to observe behavior, or cross-check medical claims.
No matter what specialty you need, there is always an investigator who has a wealth of experience to offer you. Here’s a quick infographic to help you remember the right kind of investigator for your particular needs.
An AMBER Alert was issued at 2am on the morning on February 24th in response to the abduction of 3-year-old Elinor Trotter by her armed and potentially dangerous father.
Through the use of the alerting system, in addition to efforts of local police and community helpers, Trotter was recovered without harm. But, the real story isn’t about her safe return – it’s about the behavior of the hundreds of social media users who took to Twitter and Facebook to complain about being “rudely awakened” by the lifesaving system.
The Shock of it All
The AMBER Alert system has saved the lives of over 700 children since it’s inception. But it seems that is still not enough value for some. Twitter was riddled with shocking responses from people that had been awaked by the call to help the endangered Trotter.
Fortunately, these sentiments were not shared by the majority. Still, their mere presence on social media called attention to the public impression of the AMBER Alert system. Major news media icons like Philadelphia WXPN host Robert Drake were more than happy to defend the system, which is defaulted to automatically ping cell phone users who have not opted out.
AMBER Alert: An Effective and Valuable Nuisance
In truth, the AMBER Alert system has been hailed as one of the most successful elements of the often-criticized 2002 Bush campaign. It was during this time that President Bush held the first-ever White House Conference on Missing, Exploited, and Runaway Children. President Bush called for the appointment of an official AMBER Alert Coordinator, which led to an impressive 900% increase in children recovered through the program after that point.
And, as the internet and mobile phones have made information easier to access, the AMBER Alert system has become even more effective. Cell phones are programmed to “opt in” to the alerting system by default. Considering that there are a projected 164 million smart phones in the U.S. alone, that is a huge resource for police officers, private investigators, and family members in quickly spreading information about a missing child.
AMBER Alert Social: The Future of Finding Missing Persons
Social media has also played a huge role in finding missing persons, especially in regards to the AMBER alert program. Those individuals who “like” AMBER Alerts on Facebook (over 308,000 people as of Feb. 2015) will see the most recent alerts on their news feeds.
There is also a way to follow @AMBERAlert on Twitter to get the same information, but the response has not been as positive. As in the Trotter case, it seems that some Twitter users are less inclined to see the social media as a tool for helping solve missing persons cases, and more inclined to see it as a place to vent frustration. Luckily, those individuals are the minority.
It’s Never Too Late (Or Too Early) To Help Save a Life
Although the world might seem as though it is becoming more selfish and cynical, there are still good people who understand the value of private investigation and missing persons tools like the AMBER Alert system. The surprising outrage at the early AMBER Alert wakeup call inspired users like Robert Drake, @mjvanesco and @LAschafer3 to educate others about the true value of the AMBER Alert system – saving lives no matter how inconvenient it might be.
Although private investigators (PIs) are always pretty busy, Valentine’s Day is one of the most taxing parts of the whole year. Why? There’s no more dramatic way to say “You’ve been cheating,” than on V-Day.
In a recent interview with CBS Dallas-Forth Worth, professional private investigator Mike Duncan from Alliance Investigations, LLC explained that Valentine’s Day is a time of year when more people are susceptible to thinking that their spouse has been cheating.
“We’re a full-service firm [in the North Texas area], and we handle a lot of other types of cases,” Duncan said. “But, we really see an increase in [infidelity] cases this time of year.”
What is the cause of this increased infidelity investigation around the hallowed love holiday? Because this is the time that most cheaters are going to make a mistake that will get them caught.
What Makes V-Day the Worst Day for Cheating?
Valentine’s is one of the most lucrative holidays in the world, bringing in an estimated $2.1 billion each year. Because of the social pressure to purchase gifts for romantic interests, private investigators spend many weeks leading up to (and following) V-day searching through credit card bills, checking cell phone interactions, and considering large withdrawals from bank accounts.
Fortunately, professional private investigators like Lauth Investigations International and Alliance Investigations have highlighted a few warning signs to look for before you call a private investigator to get involved in a potential love fiasco.
5 Warning Signs That Your Spouse is Cheating This Valentine’s Day
1. Strange Cell Phone Usage: If your spouse suddenly starts locking his or her phone or laying it face down when you’re around, there is probably something on there they don’t want you to see. Also, if they start hiding it, there’s a good chance that you won’t be happy with what you find when you do find it.
2. Missing Time Before or After V-Day: No cheater in his or her right mind would try to sneak away on Valentine’s Day. But, it is very likely that they will take out their lover the day before or after. This has become such an event that February 13th has been unofficially named, “Mistress Day.” Look for work excursions or day-long events during this time.
3. Empty Browser History: Internet and social media usage has been shown to be directly correlated with cheating behavior, according to Pew Research. Their study found that 24% of internet users have used online sites to flirt with others – despite marital status. This has given way to sites like AshleyMadison.com, which is designed to help married people cheat. If you find that you have a spouse who is consistently deleting browser history on a desktop or cell phone, he or she may be engaging in online activities they don’t want you to know about.
4. Secret Social Media Accounts: Although this may be a hard one to catch, a secret social media account is one of the biggest warning signs of cheating in the 21st Century. In a study published in Cyberpsychology, Behavior, and Social Networking, researcher Russell Clayton stated that, “Greater active Twitter use led to greater negative conflicts and outcomes.” In addition, social mediums like Snapchat are designed to automatically delete conversations, giving cheaters more security in their online infidelity. Finding suspicious social media accounts under different names is a real sign that this may be happening in your home.
5. Emotional Distance: Finally, although it is a nebulous concept, cheating always leads to a level of emotional distance followed by moments of intense response. Often, cheaters will want to emotionally distance themselves before committing adultery, then be emotionally recharged after a session of infidelity.
Summary
According to some professionals, chances of infidelity may be as much as 25 percent over the lifetime of a marriage. Don’t wait another Valentine’s Day to find out if your suspicions are true. Contact a private investigation firm like Lauth Investigations if your spouse is giving off the red flags of infidelity.
