A Los Angeles Private Investigator Discusses The Legal Implications of Surveillance And What You Need to Know
Surveillance may be necessary in a variety of scenarios. From uncovering non-disclosure violations and covert business dealings to establishing grounds for divorce or disproving a personal injury plaintiff’s alleged damages, surveillance can be essential before, during, and in lieu of litigation. What are the legal implications of hiring a Los Angeles private investigator to conduct surveillance? Here’s what you need to know:
Surveillance is Fundamentally Legal
Surveillance is fundamentally legal. You observe people daily, and you are fully within your rights to write down your observations. You also have the right to take photos and videos in public—whether you are with your children, on vacation, or documenting your surroundings for other purposes. We observe other people as part of our everyday life, and this means that, on a fundamental level, it would be virtually impossible to outlaw surveillance as a means of collecting information.
Of course, surveillance goes further—often much further—than simply observing our surroundings. Private investigators conduct surveillance with a specific purpose, and they go to specific places to observe specific individuals. Even so, the fundamental governing principles remain the same.
Privacy, Stalking, Trespassing, and Other Laws Apply
While surveillance doesn’t inherently raise legal concerns on its own, private investigators must comply with the law—just like everyone else. Among other things, this means that when conducting surveillance, private investigators must respect individuals’ privacy rights and property rights, and they must avoid engaging in conduct that can be classified as stalking. Private investigators must comply with wiretapping and other laws as well. Experienced and ethical private investigators will be well-versed in the legal restrictions that apply to their surveillance activities, and they will ensure that their activities remain clearly within the confines of the law.
People Don’t Have As Much Privacy As They Think
A key aspect of the legality of surveillance is that people don’t have as much privacy as they think. Although, this is starting to change, with several states adopting comprehensive privacy laws in recent years. People are often surprised to learn how much private investigators can legally do to gather information—both in the real world and online. As a result, if you have questions about using surveillance, we strongly encourage you to speak with one of our private investigators before you make any assumptions about the information we might or might not be able to help you obtain.
Private Investigators Must Ensure that Surveillance is Admissible in Court
Another key aspect of the legality of surveillance is that private investigators must be able to ensure that the information they collect is admissible in court. Even if your (or your client’s) goal is to avoid litigation, having admissible evidence in hand can provide critical leverage for settlement negotiations. If a savvy counterparty (or opposing counsel) knows that you won’t be able to prove your case at trial, it will use this to its advantage.
Speak with a Los Angeles Private Investigator About Your Surveillance Needs
If you have additional questions about conducting surveillance, we invite you to get in touch. To speak with a Los Angeles private investigator about your surveillance needs in confidence, please call 888-406-0149 or contact us online today.
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