Legal Responsibilities For Private Investigators
What are the legal responsibilities of a private investigator?
The first legal requirement is to make sure that they're not invading somebody's privacy. Also, you need to make sure that if the particular type of investigation they're doing, is for a legitimate purpose. And if it's going to go into court, documenting their gathering of evidence so that it is admissible in court. Also, protecting the data that they gather from being comprised. Because as private investigators, we get access to probably everything you need to go into identity theft business: we get full social security numbers, drivers licence numbers, and mother's maiden names. You name it, we can get it. And you have to maintain certain amount of security on the data that you've gathered, to make sure it doesn't fall into the wrong hands.
What can a private investigator expect when testifying in court?
He can expect a hard time. When you're testifying in court, and a lot of times you don't testify in court, about 80 percent of your testimony is in depositions where it's just the two attorneys and somebody taking your statements. You must be prepared. There's a little trick that private investigators use, and lawyers, if they're good, will teach them this, and that is that when you are on the stand and the opposition asks you a question, you count to ten, in your mind, before answering the question, because that gives the attorney you're working for the opportunity to object if he doesn't like the answer. If he asks you a question, and you've already been prepared for the question and you know what the answer is, you answer it as quickly as possible so that the opposition doesn't have the chance to object. Those are the two main tricks on courtroom testimony.
What does 'a reasonable expectation of privacy' mean?
To any person, expect that you're in a private location. A good way of saying it is if you walk into the bathroom stall. You should have a reasonable expectation that there's no hidden video equipment in the bathroom stall. There's no recording devices in there. That's a reasonable expectation of privacy. If you're in your home and you've closed your curtains up, even though somebody could walk up and peek through the curtain, you have a reasonable expectation of privacy. If you're in a public place where anybody walking by can see you or hear you, you do not have a reasonable expectation of privacy. That's the bottom line.
How does a private investigator prepare for court testimony?
Usually, they will spend time with the attorneys that they're working for, if they're working for an attorney or a private individual. They will go over all of the questions and the possible questions that the opposition will ask. They know what they're going to say well in advance of those questions being asked. If they're not prepared, then it can trip them up. The other thing is, it's always good if your client is truthful with you. You don't want to have any surprises either, on the stand. You don't want them coming up with a question that should have come up in your investigation that your client didn't tell you about.
Are private investigators allowed to carry firearms?
Private investigators, in the state of California may carry a firearm, but they can only carry a firearm if they are authorized with a concealed weapons license, and they have a firearms permit. That is very difficult to obtain. You have to have a specific reason where you feel that you need to arm yourself to protect yourself. Generally they do not, in the state of California, have a right to carry a firearm unless they're specifically licensed under another section to do so. In some other states, if you're a licensed private investigator, you can carry a firearm, but for the most part that's television and movie stuff. Firearms and private investigators don't necessarily go hand in hand.
