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Showing posts with label diligence. Show all posts
Showing posts with label diligence. Show all posts

Investigator Basics - Part 2


So what makes you an investigator?

Remember, the investigator works at the gathering and analysis of information.  The information is in records, statements, and evidence.  Sometimes the evidence can be gathered without surveillance.  Sometimes the records are the evidence.  Sometimes the statements are the evidence.  Sometimes a person won’t freely give you the statement directly, so surveillance or even an undercover operation is needed to collect what you need.

Investigators are professional researchers and analysts that sometimes have to employ all of the following: observation, enquiry, examination, experimentation, and analysis.  It is not always easy to obtain the evidence and information you need to “solve” your case.  The problem for the private investigator, is that (s)he does not have the privileges often afforded to law enforcement, and does not have the authority and resources of the state or federal government behind them.  The private investigator must adhere to ethical behavior and work within the law.  The private investigator does not have any privileges or authority any private citizen does not possess.  The investigator must depend upon his or her own savvy, training, experience, connections, and good old fashioned hard work.

Sometimes asking a question once is not enough.  Try to not be too annoying (unless that is the desired effect) when repeating questions.  Rephrase the questions.  Ask the questions from different perspectives.  Also, never under estimate the “oh I almost forgot to ask…”or the “one more thing” before concluding the interview.  When people think the interview is over, they tend to let their guard down.  The Columbo TV trick can work well when done correctly.  I am not a believer in TV techniques, but they usually got put into a script for a reason.

I am sometimes simple minded.  I like to have the “Who, What, When, Where, Why and How” written at the top of the page of my notebook when I interview.  I tick mark the item covered, so I know what else I need to ask.  Sometimes I will just ask that simple question: How?  Or Why?

Do not be too quick to commit yourself to deciding the guilt or innocence of anyone whom you may question.  Of course, from the old school of investigating “If their lips are moving, they are lying” is almost better to adhere to than believing whatever someone may say.  Remember to balance what they say against the records and the evidence available.

Remember that in the field, your primary purpose is to gather facts. Normally, analysis, evaluation, and judgment are to come later. However, this does not mean you should be naïve about what is going on.  Decide for yourself if “playing dumb” is the best course of action.  I usually tell the person I am interviewing, that I have just been hired and I do not know the details of the case.  This is usually not true, but it gives me the excuse to ask very specific questions or repeat questions to clarify information. 

I have rarely felt like I had gathered all the information needed to decide the truth, unless I obtained a video showing the incident in question.  I do not know if there is any way to determine that you have gathered all the information possible.  I usually tell the client that there is more than can be gathered, but the cost effectiveness begins to drop dramatically, and I leave it up to them to decide if they want me to spend the time and money to continue the investigation.  This of course depends on the seriousness and the type of case being investigated.  You should always be asking yourself if there is anything that you have overlooked that could make a difference in the outcome of the investigation.

Stay with these principles, and you can work your way into becoming an accomplished investigator.  Whatever you do, stay safe!

Diligence v. Diligence


I know that you can only work with the tools that are available to you.

Think about this for a moment.  As a private investigator – you are given information by a client as a starting point.  If you are like me, there is a about a 30-40% chance that some of that information is not correct.  A name will be spelled incorrectly or it will be the wrong name altogether.  An address given will be incorrect.  Dates, times, and anything involving a number seems to have a higher chance of being incorrect than other basic information.

This is why it is so important to get as much information as possible.  This was the investigator can cross-check the information so as to start the investigation in the right place or with the right person.  It may not be the investigator’s fault that (s)he was given bad information.  The problem is, the client rarely sees it that way.  This is also why written information is so much better to go on than verbal.  When you have a written request – it is obvious what you were asked to do.

Diligence vs. Diligence

Diligence – I have harped on this before.  You need to be at least diligent in all that you do.  I do not mean the legal definition of diligence. You do not want to rely on what some information database gives to you alone.  Remember to actually investigate.  Talk to people. Make phone calls.  Check other sources of records.   Diligence is rarely specifically defined in a legal sense.  When it is, it usually does not require all that much.

Some legal dictionaries say things like: “diligence n. reasonable care or attention to a matter, which is good enough to avoid a claim of negligence, or is a fair attempt (as in due diligence in a process server's attempt to locate someone).” Or something like "due diligence is a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent person under the particular circumstances; not measured by any absolute standard but depends on the relative facts of the special case."


Legal diligence basically is “just enough to not get sued” or what is “expected.”  I hope that you do more that what is expected.  Strive for excellence.  That is how I handle all of my cases, from the background check, a process service, or a homicide.   I have to work within the constraints of the client’s budget, but that does not mean I will do a half-a$$ed job.  I may not be able to put in all the hours I would like for a case, but what hours I do put in, they will be productive ones.

I have noticed that it seems I get the job done in less time than a lot of investigators out there.  When you are doing your job in an effective manner, you will do it faster than someone just billing hours.  I am not talking about surveillance, because we all have no control over the subject of the investigation.  We have to wait for him or her to make their move.

You can be diligent, as described in a regular dictionary: “constant in effort to accomplish something; attentive and persistent in doing anything or done or pursued with persevering attention; painstaking: a diligent search of the files.”  That is a good thing.  It is a much better practice than the “legal” definition of diligence.  When in doubt – do your best!

And whatever you so - Stay Safe!

No Excuse for Shoddy Investigation!

 Photo: Melissa Phillip / © 2011 Houston Chronicle
Whenever you have a criminal case - one of the most basic things is to check the criminal history of the defendant.  Often this information cannot be used against the defendant during the trial.  However, it always can be used for the defendant in the trial.

This basic step of investigation really stands out in the case of LaDondrell Montgomery.  He was wrongfully convicted of robbery.  How do I know he was wrongfully convicted?  He was in jail at the time!

It seems more and more I come across cases with shoddy investigative work.  Why the basics are over looked in felonies baffles me.  Sure, in our age of surveillance cameras and instant information, there are a lot of things that  make our job easier.  However, you cannot get away from the basics in a good investigation.  If you do, it may just bite you in the butt.

See more about the story here.