When people hire a private investigator, they presume that they can do almost anything imaginable. However, this is not the norm. State and federal laws bind all private investigators. They have to stay within those lines when working on a case. You may have seen a crime drama where the investigator jumped walls and clicked secret photographs. If you assume it to be true, you are very mistaken. Instead, it is less dramatic and far more regulated. They follow strict guidelines to get answers. There is a legal framework that all the investigators have to follow. Understanding what a licensed investigator can and cannot do can help you when you choose to work with one.
This information is very crucial if someone wants to hire a private investigator in Oklahoma for a legal case. The court will not accept evidence collected through unauthorized or illegal means. You may even face a criminal case in such a scenario. The collected evidence only holds up when you can prove that it has been collected legally. Once you understand the investigation process, you can see how to use the information you collect.
Here are some key categories and types of evidence a private investigator can collect.
SUrveillance Evidence in a Public Space
The investigator can collect information, such as photographs, when the subject is in a public place. For example, a person in a general public place cannot reasonably expect complete privacy. Private investigator services can track them on the road, in a public building, in a parking space, or in a store. A person who is meeting someone during the day can be documented or photographed without breaking any laws. Similarly, a person out taking a walk during working hours can be documented. Such information is legal to collect.
Even so, there is a fine line between what is private and what is public. An investigator cannot take photographs through a window when the person is in the office or home. It is also illegal to set up cameras on someone’s property. You cannot illegally enter someone’s property to follow the subject. Not even in fenced gardens. An experienced investigator knows the legal line and never crosses it. They understand what kind of photographs they can present in court without any difficulties. For that, they usually stay on public sidewalks, open areas, or roads.
One important thing to note here is the vehicle tracking. You cannot legally use a GPS device to track a subject. However, if the vehicle belongs to the client and the subject is just using it, the investigators can use a device with the client’s consent. Still, this is in a gray area, and the rules shift depending on the case. Tracking a vehicle without consent violates stalking and privacy laws.
Public Database Records
Public databases are a crucial tool in a private investigator’s arsenal. These records are available to everyone; you need to know how to access them. These records can be of multiple types, such as:
- Court filings
- Business licenses
- Marriage records
- Divorce records
- Property records
- Bankruptcy records
- Criminal records
Most people know such records are public. But they do not have the expertise to browse through them. These records are also available online. This makes a private investigator’s work much easier. However, some of the records are only available at certain public buildings, and you can only access them there. Private investigators know exactly where to look for specific information. They can retrieve the data, cross-verify it with their sources, or even interview people to ensure the records are valid. Once they have solid evidence, they can build a complete picture. Investigators and attorneys also know how to present the data in a way courts can accept.
Oklahoma State also records civil and criminal records online. Similarly, you can learn about property ownership through the county assessor’s office. Collecting this information does not require much work. You need the right tools and the knowledge to use them.
Social Media Evidence
The good thing about social media is- it is everywhere. Almost every other individual is hooked on Instagram or Meta. What they fail to realize is that using these platforms also means leaving behind digital footprints. This is why it has become an integral part of investigations. On that front, a private investigator in Oklahoma City will use tools to gather information by scanning the social media pages.
For the same reason, they will review the subject’s profile and past activity to glean relevant information. Information such as time-stamped photographs or check-ins at restaurants or other public places is easily available in the public domain. The same evidence comes in handy, particularly in divorce and child custody cases.
Employers have also started hiring private investigators to verify whether an employee is telling the truth about injuries or physical inability.
But investigators must keep one crucial aspect in mind. They are not allowed to hack or use any such illegal means to access any such information. They are also not allowed to use such tools to source or collect details for a social media account. As such, the evidence collected is deemed inappropriate and will not be accepted in court. In fact, creating a fake profile to befriend someone on the pretext of gathering evidence is also a strict no-no. But when you bring in a professional investigator, they will make sure to comply with the legal requirements.
Personal Interviews and Witness Statements
Interviews remain a standard tool for collecting information. An investigator can speak with known acquaintances, friends, coworkers, or neighbors about the subject. They can use the statements to either verify a story or to obtain background information. These interviews are generally accepted unless the investigator lies about motive or tries to impersonate someone else.
A licensed investigator understands the difference between a bit of deception and outright deception. If they impersonate someone like a government official or law enforcement agent, they are crossing legal lines. The investigator can hide the motive for the questioning, but they cannot pretend to be a police officer or a utility worker. Oklahoma State law requires only one person’s consent to record. It means the interviewer can record the conversation with another person. However, if there are two people, they cannot use such a recording. Similarly, wiretapping is also not allowed without proper authorization.
Collecting Financial Information
A person’s finances are private property. However, in a divorce or child dispute case, it can be crucial information. The partner may want to know the overall finances or any hidden financial transactions. A business partner may also want to check a person’s or company’s financial background before starting a deal. However, the investigators cannot directly access a person’s bank records. They can access what is already available in public databases. This includes vehicle purchase records, public court data, or any business affiliations. Collecting this information does not violate any laws and helps create an overall profile of the client.
Like bank account data, they cannot obtain credit reports or income tax records. Such information is very private and not available in any public databases. However, if this information can help, your attorney may get special permission and then work with a private investigator to gather and analyze it. Attorneys know what legal channels they can use to obtain these records. Verified financial information can be a great tool in a legal case.
When Locating People
Private investigator services use various databases and public records to collect information about the subject. They use this information in skip tracing. This method locates a person who has disappeared voluntarily. Such people either run away from their family or are mostly scammers who run away with money. Public records usually have information that can help investigators. These details can include old addresses, phone numbers, utility records, court records, or any information that might provide a clue about their current location. Investigators always use legal means to access such information. They can also use national records if the person is hiding in another state.
Skip tracing is considered very much legal work. Investigators collect and verify the information. Sometimes, they may need to do fieldwork to confirm whether the subject is at a particular address. This method is particularly important for companies looking for people to collect money and families searching for a lost relative. Almost all skip-tracing methods fall within legal boundaries. Investigators don’t jump fences to collect information. They use specialized tools to gather data they can analyze. Once they have a few addresses, they can begin their search.
What Falls Under Things Investigators Cannot Do
A licensed investigator clearly understands the difference between what they are allowed to do and what they cannot. They never cross legal lines so their clients do not face liability. They always provide verified reports that can be used in court if necessary. These are some of the main activities that they are not allowed to do:
- Hacking an email ID, social media account, or any password-protected account.
- Wiretapping a conversation between two people without having proper authorization.
- Trespassing on a property to collect evidence such as photographs or videography.
- Collecting credit card information or any financial information using illegal means.
- Acting or pretending to be a government official, utility worker, or police officer.
- Forcing people to give interviews.
The court never entertains evidence collected using any such means. Worse still, the investigator and the client may face criminal charges. Modern investigation companies understand the path they have to follow to gather the required information. Their process stays within legal limits that support their case.
Why Legally Collected Evidence Matters Much More
A case may stall when leads stop producing results. Some people understand how skip tracing works and intentionally leave false trails. In such cases, the client may ask them to use something in a grey area. However, a reputable private investigator never agrees. They understand the legality of evidence, and if a tool is illegal, they will never use it. A court never entertains evidence that is collected using such a tool. The best thing to do here is to be patient and trust your investigator. Sometimes, even a small lead can lead to big results in these cases. A person living on a cash-only lifestyle may use a credit card only once. Such a transaction can reveal their location.
Evidence with useful, authorized tools can weigh in your favor. However, not all the evidence goes through the court. Sometimes, the client may want only certain information. For example, a family may ask for the location of a missing member. It is the investigator’s responsibility to stay truthful in their search.
On the other hand, proper documentation can support your case in court. Timestamped photographs and videos, proper background checks, and verified information have become an important part of the investigation. Similarly, investigators should document the audio-recorded interviews word for word. There should be no gap in the documentation. It should be presented in a comprehensible way so that the attorney can present it in court without difficulty.
Working With Attorneys
Private investigators can collect evidence while working with an attorney. Legal counsel can help them obtain information through legal channels. Some attorneys use private investigator services, especially in cases involving custody battles, divorce, or litigation. Attorneys can also request records that a private investigator cannot access. They can request records such as phone call records, certain financial information, or other relevant protected information.
When an investigator works with an attorney, it not only helps their work but also saves the client money. Attorneys can guide the investigator in the right direction. They can tell them what kind of evidence will best help their client. The collaboration can also save money. How? The investigator won’t have to follow leads that won’t bring fruitful results. Instead, they will spend time in the directions the attorney asks for.
Conclusion
Legal evidence means respecting a person’s privacy and collecting what is public information and what is shared voluntarily. It also means knowing the difference between accepted methods and gray areas. An experienced investigator knows the difference clearly and works within the legal guidelines. They do not use wiretapping, hacking, or similar methods.
Oklahoma City Private Investigations team is here if you are looking to work with an investigator who understands the law. When you start working with us, you will see what a professional team can handle. We know that you may feel stressed working with an investigator. You might be worried for reasons that brought you to us. But rest assured, once we start working on your case, we deliver results. We double-check all the information with individual sources so the court doesn’t throw it out. Our investigators are well-versed in the latest technology. If you need an investigator to track down a person, check background information, or confirm if someone does not have a criminal history, we can help. Contact us without feeling anxious, and we will let you know how we can help with your particular case.
