In the private investigations field, sometimes the question "When does surveillance become stalking?" arises. This article addresses the ethics in one's motive for conducting surveillance, the legal recognition of its validity, and the hallmarks of stalking in the eyes of the law.
Private Investigations - When Does Surveillance Become Stalking?
Surveillance is a critical skill for any private investigator (PI). Our law enforcement agencies from more than half of our cases, the injury is, skip tracing that requires some degree of monitoring. For PIs who specialize in insurance or infidelity investigations, surveillance can be the bulk of their work.
In our field, sometimes the question "When does surveillance become stalking?" arises. To answer, let's first analyze the ethics in one's motive for conducting surveillance. If the performed surveillance serves a purpose for obtaining information that PIs usually obtain, then courts will uphold rigorous surveillance.
For example, a few years ago, an individual in Michigan sued a PI firm for a violation of the Michigan stalking law for actions the investigators took during an insurance surveillance. The PI firm fought the case all the way to the Michigan Supreme Court, which agreed with the PI firm that "surveillance by private investigators contributes to the goal of obtaining information and amounts to conduct that serves a legitimate purpose. Even though plaintiff observed the investigators following him more than once, this is not a violation of the stalking law." (In summary, the Michigan Supreme Court dismissed the lawsuit outright and never allowed it to the stage where a trial was held.)
Contrast this with a situation where a PI is hired to simply "put the muscle" on a witness or opponent in a lawsuit. Repeated contact in the absence of an information-gathering purpose is a road sign indicating the on-ramp to stalking and illegal harassment.
Other hallmarks of stalking in the eyes of the law:
But surveillance that recognizes and respects others' privacy rights and personal boundaries, and is conducted for the sole purpose of gathering evidence, will be upheld by the courts. Like the Eagles song "On the Border," a PI needs to stay on the border, walkin' the line.
Colleen Collins-Kaufman is a professional private investigator and multi-published author. Her Colorado investigative agency, Highlands Investigations & Legal Services, Inc., specializes in asset/background searches, criminal/civil investigations, domestic relations, infidelity investigations, financial fraud, personal injury, skip tracing, and surveillance. To read more about Highlands Investigations' services, go to http://www.highlandsinvestigations.com.
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