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Archive for September, 2011

Privacy and the Surveillance Investigator

Monday, September 12th, 2011

You’ve all seen the stories and heard conflicting rulings about the Right to Privacy/Invasion of Privacy. One of the most frequent questions we’re asked about is how private investigators get around the Right to Privacy issue.

The long and short of it is: private investigators don’t, or at least they shouldn’t.

Although private detectives and investigators are often depicted as going in to the grey areas in order to come back with the “money shot,” the fact of the matter is that evidence gathered in an illegal way is dismissed or won’t be allowed to be presented in a legal setting.

Advanced Professional Investigations treats every case as though it were
going to court. It may take a little longer, require more effort and cost a bit
more – but our documentation is not going to compromise your case in court by failing to pass legal scrutiny.

The right to privacy encompasses that which is not determined to be public domain, and as such private investigators and their clients must also be aware of the reasonable expectation of privacy. A person’s home is their domain. The same right that you expect goes for everyone else. For that reason, the ‘invisible’ line is drawn at the threshold of their door. If the subject is involved in activity on the front porch step which benefits the client, private investigators are going to document that (provided there’s not a six-foot privacy fence in the way.) If the subject is inside their home, it’s off limits.

It is far better to wait for a another moment for capturing video surveillance than it is to present documentation gained in a manner that is questionable in the eyes of the law. Advanced Professional Investigations doesn’t take risks with our client’s money on the line.

API Warns Against GPS Tracking

Wednesday, September 7th, 2011

What is the controversy over GPS tracking devices all about? GPS tracking and its use by Colorado private investigators has been making headlines again.  Is it legal or isn’t it? Advanced Private Investigations avoids legal pitfalls and possible compromise of your case by electing not to use GPS trackers. Though the GPS tracking technology is not illegal in Colorado, what many users of the technology ignore is that the placement of the device on the vehicle could involve trespassing on private property or tampering with personal property. The technology is also not a replacement for physical surveillance as GPS tracking units attached to a vehicle show where a vehicle goes, but they do not reveal who is in the vehicle, or what the activity is when the vehicle makes certain stops.  

Statutes vary from state to state.  Colorado has not declared GPS tracking illegal to use, but maybe Colorado should enact a tracking device law similar to the one currently in place in California. It is listed below.

California Tracking Device Law: California Penal Code section 637.7 states: (a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person. (b) This section shall not apply when the registered owner, lesser, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle. (c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency. (d) As used in this section, “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by transmission of electronic signals. (e) A violation of this section is a misdemeanor.

Rather than provide subjective data or suppositions, our surveillance investigators offer straightforward and legal physical surveillance that will hold up under scrutiny by opposing council.