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Private Investigations in Southern California

Private Investigations in Santa Clarita, Antelope Valley . . .

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4 Ways Private Investigators Help Legal Professionals

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A private investigator is essentially an information gatherer. Legal professionals such as attorneys and paralegals often hire private investigators to help with criminal defense, child custody and divorce, and all manner of civil cases. Legal professionals often hire private investigators to conduct interviews, locate hard-to-find documents, and perform surveillance for all types of civil litigation. Here are four ways private investigators help legal professionals.

Investigators Help Legal Professionals

Locate People

Legal professionals often hire private investigators to locate missing persons – including heirs, witnesses, and people who have skipped out on a debt or hide from service of process. Private investigators locate people by using proprietary databases, public records, and good old fashioned hitting the street. Private investigators who specialize in skip tracing can usually find someone quicker and for less money than a solo attorney or paralegal.

Take Statements

Legal professionals often hire private investigators to take statements. A licensed investigator will have years of experience, much of which involves recording witness statements. A PI can help an attorney by being an impartial third party, which can eliminate the appearance of bias in collecting witness information.

A PI can collect a statement by various means such as handwritten, digital audio recorded, over the telephone, or video recording. Statements can be collected through a short informal conversation or by way of a formal conference with all the necessary recording tools. Taking statements can become difficult if the interviewee becomes confrontational or if they speak only a foreign language.

Investigators Help Legal Professionals

Background Investigations

The two types of background investigations private investigators conduct on a person or on a business. Personal background investigations can be for anything from vetting a potential marriage partner to pre-employment screenings. The person may or may not be aware of the investigation. Areas of search include criminal history, driving records, credit checks, reference checks, education verification, and property records. More recently, a background check might include a check of relevant social media posts, status updates, photos, and online conversations.

Background investigations for businesses can be a little more complicated and can involve pre-employment or post-employment screenings, background checks of corporate officers, or an investigation of the business itself. An investigation of the business might include due diligence, mergers and acquisitions, trademark or intellectual property infringement, and employee theft.

Locating Hidden Assets

Family law cases involving prenuptial agreements, divorce, or child support often involve hidden assets. In the business world, business partners may hide assets from one another, or a person may attempt to shield assets that would otherwise be involved in a bankruptcy filing. Legal professionals often hire private investigators to help locate hidden assets.

A PI would first need to determine if any assets are owned by the subject of the investigation. A good private investigator can locate property such motorcycles, trucks and automobiles, recreational vehicles, boats, aircraft. They can also locate and find out the value of real property such as homes, commercial buildings or land. PI’s locate financial records such as bank accounts, investments, or hidden income.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Is Being a Private Investigator Dangerous?

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New private investigators are always excited to get out and start doing the job. Part of the draw of being an investigator is the sense of fun and adventure. While the job can be exciting, each new assignment comes with inherent risks. A professional investigator can mitigate most of the risks by staying aware of their surroundings and sticking to the fundamentals of the job. But even the most seasoned professional will tell you that being a private investigator involves many potentially dangerous situations.

Is Being a Private Investigator Dangerous?

 

Is Being a Private Investigator Dangerous?

Some of the most common investigative assignments involve interviewing witnesses to a criminal offense, conducting surveillance on child custody or infidelity cases, and investigating various forms of insurance fraud. Most people don’t like the idea of an investigator snooping into their private lives, especially when they have something to hide. Investigative findings could negatively affect a subject’s personal finances or relationships.

It’s not uncommon for the subject of a surveillance to become physically aggressive toward an investigator when the surveillance is compromised. Not only the investigation subject, but also members of the subject’s neighborhood could cause problems for a private investigator whose surveillance is discovered. Suspicious neighbors could become confrontational, especially in sparsely populated rural communities where it’s very easy to spot an out-of-place vehicle.

Mobile Surveillance

Being confronted by a hostile subject is a dangerous proposition. Training and experience can greatly reduce the risk that a subject will detect a PI and cause a confrontation. Mobile surveillance is an exercise in extreme multi-tasking. You must deal with all the dangers of normal driving while following a subject and doing your best not to get spotted. Experienced PI’s will tell you that simple automobile traffic during mobile surveillance poses a greater risk to the average PI than being physically assaulted by a subject.

Is Being a Private Investigator Dangerous

PI’s must make frequent stops, slow-downs, and accelerations to maintain distance with a mobile subject and to catch up when they get too far away. Defensive driving is essential, but often a private investigator can get tunnel vision on their subject and miss traffic hazards they would have otherwise noticed. Weather conditions can also pose a danger even to an experienced investigator with excellent mobile skills.

Other Dangers of Being a Private Investigator

Investigative assignments often involve dangerous immediate circumstances, but the job of a private investigator also involves long term risks as well. Long hours and irregular work patterns can interrupt normal sleep patterns. The work schedule can also interrupt normal family and relationship activities, which can have a negative long-term psychological effect on the investigator. Sitting for long periods of time and having to eat less than nutritious food while on the job can result in many negative health effects.

The job of a private investigator is much different than your normal 9-to-5. For most investigators, the dangers involved are a fair trade for all the benefits of being a private investigator.

What Information Can a Private Investigator Obtain?

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Private investigators pride themselves on being professional information collectors. Some are better than others, but a good investigator will know all the ins and outs of a specific investigative niche. From legal defense, corporate due diligence, background checks, and even cheating spouses and skip tracing, you need to know what information a private investigator can obtain for your case.

What Information Can a Private Investigator Obtain?

What Information Can a Private Investigator Obtain?

Public records are one of the primary sources private investigators get information for their clients. While any citizen can search public records on their own, a PI has the knowledge, skills, and experience to look in the right places to find the right information. Marriage and divorce records, deeds and mortgages, wills, and civil and criminal case records are some of the main information sources for private investigators. Many PI’s are experts at using Freedom of Information Act requests to petition the government for information.

Private investigators are not law enforcement and do not have access to law enforcement-only databases. Private investigators have access to the same information available to any other citizen. One advantage they do have over the average citizen though is access to private databases such as TLO, IRB Search, and LexisNexis. These companies require a person to hold a PI license before they can purchase access. Private databases aggregate hard-to-find public records, greatly increasing the speed at which PI’s can do their jobs. These databases are an invaluable tool when doing background searches or searching for missing persons.

What Kind of Records are PI’s Able to Find?

Private Investigators are skilled at finding public information, to include:

  • Criminal Records
  • Court Orders
  • Credit History
  • Driving Records
  • Employment
  • Property Records
  • Judgements and Bankruptcies
  • Military Service

What Information Can a Private Investigator Obtain?

What Information Can a Private Investigator Not Obtain?

Not all information is available to the public, even for licensed private investigators. Phone records, financial accounts, internet service providers, and medical records are all protected information. The only way to access such records is with an account holder’s permission or by way of a court order. In cases such as background checks where the subject has given permission for certain inquiries, a private investigator may be able to search these records.

In most cases, a private citizen can find the information they need without the help of a professional. Just because a record is public doesn’t mean its easy to find. Someone first must know where to look. In many cases a person must also know what information is relevant to a particular case. A skilled private investigator can be a valuable resource when you don’t have the time or expertise to find the information you need.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Can Private Investigators Make Arrests?

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The worlds of private investigators and traditional law enforcement often cross paths. For this reason, some people think PI’s have the same legal authority as law enforcement. Clients often ask is “Can private investigators make arrests?” While PI’s specialize in getting information that is normally hard to find, they must still work within legal boundaries.

Police Making Arrest

What is an Arrest?

The act of making an arrest is taken very seriously in the United States because an arrest is the suspension or interruption of a person’s freedom of movement. An arrest occurs when a person is taken into custody either for questioning about an offense or to be formally charged with a crime. Laws within the United States grant powers of arrest to specific public officials, most notably the police. In some states, any person can make a citizen’s arrest when a crime has occurred. But a citizen’s arrest amounts to not more than temporary detention until law enforcement can be called to make an actual arrest of an offender.

Can Private Investigators Make Arrests?

Although most states require private investigators to be licensed, being licensed or running a PI firm does not convey any special law enforcement arrest authority. A PI may not even be able to make a citizen’s arrest when a crime has been committed in the PI’s presence. Some states allow any person to make a citizen’s arrest, but even then, a PI is better off being a good witness for the police. When a crime is being committed, the safest course of action is to document the incident and contact law enforcement. The police can make the arrest, and the PI can be a good witness for the prosecution.

Citizen's Arrest

What about Making a Citizen’s Arrest?

Making a citizen’s arrest can be a risky proposition. Most criminals don’t want to be arrested when law enforcement is involved, so imagine how your average criminal might react when a regular person tries placing him or her under arrest. Are you willing to chase a person and use physical force until law enforcement arrives? What if it turns out you were wrong, and the person did not commit a crime? Think of the civil liabilities involved with making an arrest and possibly injuring the person, not to mention the risk of injuring yourself, other people, or damaging personal property.

Most private investigators do not want to accept the liability of making a citizen’s arrest. You should be very cautious of any PI who says otherwise. As a client, you could also be held liable for a private investigators misconduct. Hiring a professional licensed private investigator with a proven track record of ethical conduct is tremendously important.

Private Investigators can Assist Law Enforcement

Contrary to media portrayals, investigators in the public sector (i.e. police, sheriff’s departments, state police, etc.) don’t always have the time or resources to concentrate on every case. Law enforcement will be unlikely to open an investigation unless a crime or breach of public trust has been committed. A private investigator working on behalf of a client can dedicate his or her full attention and resources to a single case, often developing the information law enforcement need to justify opening a criminal case.

On the other hand, when law enforcement does open a criminal case, the police often will only develop enough evidence to present criminal charges. Undiscovered witnesses or other types of evidence could still exist to exonerate an innocent person and implicate an actual guilty party. Private investigators can be instrumental in these circumstances, especially when working with a criminal defense team.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Can a Private Investigator Get Phone Records?

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One question clients often ask is “Can a private investiture get phone records?” Unfortunately the answer is nearly always an emphatic “No.” You may find information on the internet that will tell you otherwise. The truth is that unless you’re the owner of the service account, it’s almost impossible to get access to phone records without a subpoena or search warrant.

Private Investigator Phone Records

Can a Private Investigator Get Phone Records?

Even today you’ll come across websites with claims of being able to access copies of telephone records. Up until 2006, it was possible to use a technique called pretexting to obtain someone else’s phone records. Companies used pretexting to impersonate an account holder to falsely obtain confidential information found only in phone records. In 2007 the Telephone Records and Privacy Protection Act made it a federal felony to fraudulently acquire telephone records.

The only legal way to go about obtaining phone records is by specific permission of the telephone line owner or by way of a court order such as a subpoena or search warrant. Obtain records by any other method and you could be charged with a felony. Hiring a private investigator to get the information for you is also illegal and could get you both charged with conspiracy.

What Are My Options?

Even though you may not be able to legally obtain someone’s phone records, a licensed private investigator can use legal methods to gather the information you need. Most times the information you may hope to gather from phone records is only one part of an entire investigation. Other investigative techniques such as surveillance and social media searches can often answer the questions you have without resorting to illegal methods.

If you’ve hired a private investigator in conjunction with an ongoing court case, you may get lucky and get a court order to have the records. Criminal defense is where a judge is likely to order a witness to present phone records for examination. Rarely will phone records be subpoenaed in a civll case.

Don’t waste your money on unscrupulous companies online who promise to obtain personal phone records. The information they provide is purchased from phone data brokers and call lists in addition to other illegal methods such as pretexting.

Your best option is to hire a licensed private investigator who is experienced and knows the legalities of conducting a professional investigation.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Can a Private Investigator Serve Court Papers?

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In the past, a county sheriff’s office would handle legal service of court documents. But over time, sheriffs could no longer handle the work load of both law enforcement and tracking down persons to be served with legal documents. Every state in the US has laws specifying who can conduct process of service. With the expertise and tracking abilities of a most private investigators, you might be asking yourself, “Can a private investigator serve court papers?”

Private Investigator Serve Court Papers

Can a Private Investigator Serve Court Papers?

Yes, a PI can serve court papers, but every state is different. Many states allow anyone over the age of 18 who is not party to the case to serve legal papers. This is true in California, but anyone who serves papers more than 10 times per year must register with the state by posting a cash bond and passing a background check.

The rules are different for PI’s though. California has very strict requirements for licensing as a private investigator in the state. For this reason, in California licensed private investigators are exempt from registering as process servers. Many other states in the US have similar laws, so check with your state before you hire a process server to handle your legal paperwork.

Many states’ requirements model the laws in California, but others are more stringent. For instance, in Nevada you must be a citizen who is at least 21 years old, pass a background check, have 2 years of experience as a process server, pass a state exam, and carry not less than $200,000 in professional liability insurance.

Hire a Private Investigator to Handle Your Court Papers

While there are many highly professional process service agencies in the US, the relatively low barrier to entry means pretty much anyone who can pass a background check can register as a process server. Hiring a licensed private investigator ensures a level of expertise and professionalism that you won’t find with a random person who is only registered to serve process.

Trying to find people who do not want to be found is one of the bigger challenges of process serving. Most private investigators have expertise in “skip tracing,” PI lingo for tracking down people whose whereabouts are unknown. PI’s use a wide range of methods and techniques to find missing persons. When a person is located, a PI can use various ruses to coax a person into coming out into the open where they can be served court papers.

Why do Private Investigators Serve Court Papers?

Due process is a Constitutionally protected right in the United States that guarantees fair treatment under the law. Due process also requires the government to follow certain legal formalities before depriving a person of life, liberty, or property. Part of due process requires that a person be formally notified when they are the subject of criminal or civil court proceedings. Private Investigators ensure due process is protected by making every reasonable effort to serve court papers.

When initiating a lawsuit or preparing a criminal defense case, you’ll eventually have court documents that require service to the parties named on the documents. It may seem like a simple task to hand court papers over to the appropriate person, but as you may likely discover, a lot of people have absolutely no desire to be summoned to court. Who can serve court papers? Can a private investigator serve court papers for you?

Process Server

Can a Private Investigator Serve Court Papers?

In California, anyone who is age 18 years or older and is not involved in the case being litigated can serve legal papers. Any private person who conducts more than 10 services of process per year must register with the state and post $2,000 cash surety bond. Basically anyone can register to be a process server in California.

On the other hand, licensed California private investigators are exempt from these requirements of registered process servers – California Business and Professions Code 22350(b)(4).

A process server can be good option in specific situations. For instance, if a person is willing to be served or if they’re very easy to find, a process server is an economical option.

On the other hand, a licensed private investigator can help track down difficult people and can conduct surveillance to ensure the right person is served. Unlike most process servers, private investigators have access to proprietary databases to help identify accurate contact information. And because California has such stringent laws to become a licensed private investigator, a PI will have the training and experience to more safely serve an otherwise difficult defendant or witness.

H7 Investigative Services conducts service of process in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to know how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

How Can A Private Investigator Help with Child Custody?

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Child custody cases usually involve tremendous stress and emotional turmoil. The child’s well-being should be the most important factor when parents are working out child custody agreements, but a relatively smooth divorce process can often grind to a halt when considering the issue of child custody. Both sides can present reasonable claims as to why one parent is more fit than the other to have sole custody. If you have a family law attorney already working on your case, you be asking yourself, “How can a private investigator help with child custody?”

Child Custody Case

How Can A Private Investigator Help with Child Custody?

Private investigators help in child custody cases by gathering evidence. Perhaps you need more evidence to show that you are truly an ideal parent. On the other hand, you may want to disprove allegations that both you and the other parent know to be false. A child custody agreement may already be in place, but you could have concerns that the other parent is neglecting your child or causing other types of abuse. A private investigator can uncover the necessary information for the courts to decide which parent is the most fit to care for the child.

The Private Investigators Role in Child Custody Cases

Your family law attorney will know the type of information needed to win your court case. In most cases though, the attorney does not have the time or expertise to go out and gather the information. That’s where a private investigator can help. PI’s use a variety of tactics and methods for gathering information.

Some basic tasks a PI can perform to gather evidence for your case include:

Witness Interviews

Many people can give statements about a child’s general well-being and the conditions in the home. Relatives and neighbors are usually the first to be interviewed and can provide some of the most detailed information. Teachers, day care workers, and babysitters can also provide vital information. The PI can collect witness testimony regarding specific situations a witness has personally observed. The family law attorney can then decide what interviews contain useful information and subpoena witnesses to testify in court about the situations they observed.

Conducting Surveillance

Witness testimony is strong source of evidence in any court case, but nothing is more compelling than video and photographic evidence. A PI can use surveillance techniques to visually document a child’s living conditions, any neglect or abuse, criminal activity in or around the home, and various other situations that may endanger the child’s well-being. Surveillance video and photographs can accurately capture all the habits and behaviors to show when a parent is unfit to keep custody of their child.

Performing Background Checks

A PI can discover much more about a person than the image they present in person or on social media. A check of criminal and civil records often reveals important evidence to strengthen your child custody case. A professional investigator can often find records that you might not even know exist. Even if you know where to look, you may not have the time or energy to do the leg work of going to the various state and local records depositories. Finding hidden assets can also help to show that a parent is avoiding their financial responsibilities to their child.

Child Custody Investigation

The private investigator role is to discover and gather raw information pertaining to your case. The attorney’s job is to sort through the information and organize it into a clear and presentable picture for the court.

Time is of the essence in all child custody cases. H7 Investigative Services can discover the vital information you need to help win your child custody case in Santa Clarita, Antelope Valley, and the greater Los Angeles area.

Click through to our consultation request page or call us at (661)454-7513 to contact a licensed private investigator with H7 Investigative Services.

Even Billionaires Can Fall Victim to a Less-Than Professional Investigator

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It looks like Tesla CEO Elon Musk got taken for a ride when attempting to hire a private investigator. Rather than completing a due diligence in hiring an investigator, the billionaire hired a completely unvetted PI who turned out to be a convicted felon.

Due Diligence Private Investigator

Here’s the headline from an October 3rd article from Buzzfeed:

Elon Musk Hired A Convicted Felon To Investigate The Cave Rescuer Who Is Now Suing Him

So Elon got himself into some trouble for throwing out an insult at the guy who helped rescue a boys soccer team from a flooded cave in Thailand. British cave diver Vern Unsworth was part of a team who helped rescue the boys. Unsworth called Elon’s attempt to help by use of a mini submarine “just a PR stunt”.

Elon got mad and called Usnworth a “Pedo Guy” because Unsworth is British and has been traveling to Thailand for the past 40 years.

Here’s what happened next. From the Buzzfeed article:

When Elon Musk publicly called a British cave rescuer who had insulted him a “pedo guy” last year, the billionaire entrepreneur had no evidence to back up his claims. And while he later apologized for the outburst, the Tesla Motors and SpaceX CEO went on to hire a private investigator to dig up dirt that might support his unsubstantiated accusation.

Public records and interviews reveal that the man Musk contracted, James Howard-Higgins, stole money from his business partners and was sentenced to three years in prison for fraud. Past associates of the man described the Englishman to BuzzFeed News as a “Walter Mitty character” who repeatedly defrauded a company he cofounded despite disciplinary actions that were meant to keep him in check.

Anyone can fall victim to fraudsters, especially when a person is in an emotional state. Elon got angry because he was called-out for making an unsubstantiated claim. Whether Elon’s allegation was true or not is an entirely different discussion. The point is he went off half-cocked looking for someone to solve his problem. This was the perfect situation for a dishonest person to step in and take advantage – which is exactly what happened.

The better way to have handled the situation (aside from not making the comment in the first place) would be to quietly do some due diligence. Ensure the person being hired is professional, licensed, and with a positive record of ethical conduct.

One of the most effective and simple ways to check the reputation of a private investigator in the United States is to see if they’re a member of their state association. Every state has their own association. The one for California is the California Association of Licensed Investigators (CALI). As the name says, the associations will only accept licensed investigators. Licensing itself carries a lot of weight due to the high barrier for entry with most state licensing agencies. A CALI member in good standing, or a member of any other state association, is an excellent indicator that an investigator is trustworthy and will conduct themselves professionally.

Joel Henderson with H7 Investigative Services is a licensed private investigator with the California Association of Licensed Investigators. Click through to our consultation page to hirea professional investigator o help solve your case.

Can a Private Investigator Tap Your Phone?

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A professional investigator will do all within their power and within the law to get needed information for their clients. Often though the law restricts what would otherwise be an excellent tool for gathering very relevant information for a case. Many people ask “Can a private investigator tap your phone” because it seems like an obvious method for gathering valuable information. But wiretapping is one tool the federal and state governments both heavily restrict.

Can a Private Investigator Tap You're Phone?

Can a Private Investigator Tap Your Phone?

Many private investigators are skilled at placing wiretaps. Back in the day when landline phones were the norm, wire taping was a matter of splicing into the physical phone wiring to eaves drop on conversations. Modern techniques involve intercepting signals sent between cell towers and mobile devices. When a client asks “Can a private investigator tap your phone”, what they’re really asking is if wiretapping is legal for PI’s.

18 US Code 2511, also known as the Wiretap Act, is the federal statute that protects private communications that occur by way of telephones. The law can be applied to more than just phone calls, though. The Wiretap Act makes it a federal crime to use of any “device” to purposefully and intentionally intercept, disclose, or use the contents of any wire, oral, or electronic communication.

You can probably imagine all of the situation in which this law would apply. Most states also have their own laws that closely mirror the federal statute.

The only two exception to the Wiretap Act are the individual communication carriers and law enforcement. A telephone company can monitor and record phone communications when directed to do so by law enforcement or to help a customer with service related issues. Law enforcement can conduct wiretapping when granted authority by a court order or to record government informants.

Can a Private Investigator Tap You're Phone?

What About Getting Phone Records?

Even if a PI can’t outright tap a phone line, with the clients help an investigator can find out who owns the numbers on incoming and outgoing calls. A client with lawful access to their own phone records can turn these records over to be analyzed by the investigator. A professional private investigator should have access to at least one reputable database, but most PI’s have a handful of databases to use for tracking down information. Anyone of the proprietary databases available to PI’s can be used to reference the owner of a given telephone number. This way an investigator can put names to all the received and dialed phone numbers to a specific phone line.

The Bottom Line

Clients may ask for phone tap services to either gather information for court or to simply embarrass the person being monitored. A professional private investigator would never suggest tapping a phone for any reason and will not comply with the request. Even the less technical service of simply recording a phone conversation can be illegal in two party consent states like California (meaning all persons involved in a conversation must consent to the recording.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to know how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Can a Private Investigator Take Pictures of You in Your Home?

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Private investigators are hired to help with all sorts of cases. Individuals often need help with personal cases such as domestic issues and child custody. Attorneys and insurance companies may need assistance with criminal defense, civil litigation, and investigation of fraudulent insurance claims. Surveillance is perhaps the most common tool used to develop evidence for all of these types of clients. As a potential PI client, you may find yourself wondering if a private investigator can take pictures of you in your home.

Privacy at Home

Can a Private Investigator Take Pictures of You in Your Home?

Like many answers to life’s questions, it depends. The essence of the question is a matter of privacy. Sometimes it may be okay for a PI to take pictures of you in your home, but in most cases you will be protected from prying eyes by a reasonable expectation of privacy.

In the United States, individuals have a right to privacy that is protected by various federal and state laws. The US Constitution doesn’t specifically cite a right to privacy, but the courts have recognizes several clauses within the bill of rights to imply protections of various aspects of privacy. When it comes to privacy, the home is the most fundamental places where the law protects a person’s right to privacy.

A common privacy test is the concept of reasonableness. Would a reasonable person expect privacy in a specific location or circumstance? Or put another way, is it reasonable for me to expect privacy in this situation. The answer to these questions is often the determining factor on whether a person can take pictures of you or otherwise eavesdrop on your personal activity.

For instance, while sitting at a bench in a public park, is it reasonable for two people to expect privacy in their conversations with each other? Can they also expect no one to photograph or video the two sitting together on the bench? The answer is, no, it is not reasonable for the two to expect privacy from anyone walking by or seeing them together on the bench.

No Expectation of Privacy

If I’m standing within listening range, it is completely legal and not an invasion of privacy for me to listen in on their conversation. The same goes for taking photographs of the two. Audio recording the conversation may not be legal depending on state law, but that’s the topic of a different conversation.

Reasonable Expectation of Privacy in Your Home

With reasonableness in mind, can a private investigator take pictures of you in your home?

If a PI has your permission to take photos, then the answer is yes. But without your consent or permission, no one can invade your privacy in areas where any reasonable person would also expect to have privacy.

When you put up physical barriers such as walls, window shades, fences, and roof tops, you’re basically signaling to the world your reasonable expectation of privacy in these protected areas. This means that anyone sneaking up to your window and sticking a small camera between the shades would be causing an invasion of your privacy. Climbing a tree or setting up a ladder to look over your fence are examples of violating a reasonable expectation of privacy too. Using high powered lenses and microphones to photograph or record a person in places where reasonable expectation or privacy exists is also a violation of privacy law.

Peeking Through Shades

But a private investigator can take pictures of a person in the person’s home when the PI is in a place he or she is legally allowed to be and the person being photographed has placed themselves in a position where no reasonable expectation of privacy exists. If you’re standing in front of an open window or doorway and a PI is standing outside on a public sidewalk, the private investigator would not be violating privacy law by taking pictures of you in your home in this example.

The reasons in the last example are twofold. First of all, by standing on the public sidewalk the private investigator is in a place where he or she has a legal right to be. Second, by standing in front of an open doorway or window, you have eliminated your expectation of privacy. Any person can simply look at your house from the outside and have an unhindered view of you standing in the doorway or window. Any person taking pictures of you in this situation would not be infringing on your right to privacy.

Intrusion Upon Seclusion – Privacy Law

Throughout the United States, the courts use four elements to show when one person has intruded upon the reasonable expectation of privacy of another. The legal terminology for this concept is called intrusion upon the seclusion of another. The four elements that must be proven to validate a claim of privacy intrusion are:

  • The subject without authorization intruded or pried into the seclusion of the claimant
    The subject’s intrusion would be highly offensive to or objectionable to any other reasonable
  • person
  • The subject intruded upon a private matter
  • The subject caused the claimant to experience anguish or suffering

California courts apply an additional limitation regarding invasion of privacy. A person can claim an invasion of privacy when a subject misrepresents one’s self or otherwise uses deception to obtain private information. The common private investigator tactic or pretexting (basically lying about one’s identity to gain confidential information) is prohibited in California.

California’s Anti-Paparazzi Statute (California Civil Code 1708.8) prohibits any person from trespassing onto private property with the intention of taking photographs, audio recordings, or video of a person engaged in personal or family activity. So even if a person is out in the open on their private property for all the world to see, if a PI goes onto that person’s property to take pictures of you the PI could be liable for violating the anti-paparazzi regulation. For this reason, a professional private investigator will know to stay on public streets, sidewalks, or other places that are open to the public whenever conducting surveillance activities.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.