A Problem Serve

I had one of those "problem" Troopers to serve the other day.  I had a subpoena for him.  I contacted his dispatch two times over a period of three days and left a message, went by his office three times on different days (I left a message there 2 of those times) after about 5 days total, I decided to go to his house.  No one answered, so I left a note on the windshield of his patrol car with my card.

In case you don't know, here in Texas most DPS Troopers don't have a particular "roll call" before going to work.

He calls me 2 days later, so I ask him  if we can make arrangements to meet so I can serve him the subpoena.  He says he needs to talk to the attorney that issued the subpoena first.

A day later he calls the attorney and complains that I was "unprofessional" for going to his house.  He griped at him quite a bit.  This attorney is low key and basically told him he doesn't tell me how to serve subpoenas.

I wait another day, and I call the Trooper back on the number he called me from.  He starts complaining about me calling his personal phone and going by his house.  I explained that I had not heard anything after leaving several messages.  He finally agreed to meet me.

When we met, he acted all nice and said nothing other than "where do I sign?"  As a matter of fact he was very polite and cordial.

I decided to say I was sorry that I had to go by his house, but I did not know if he had gotten any of my messages.

His response:"Oh, I got the messages, but I was off for a few days."

So I ask "so, what would you want me to do in these cases?"  He says "Call the Sergeant." as he turns and walks away offering me no contact information for his Sergeant, nor does he say who (s)he is.

Now how hard would it have been to return a call to me and say "I will be off until next Thursday?" - and supposedly I am the "unprofessional" one.

Whatever you do - stay safe.

Tunnel Vision

It amazes me how tunnel vision affects investigations.  In criminal cases,  I usually have the benefit of going in after the case has been investigated by the police.  I can see what they did, and I can't see what they didn't do.

What amazes me is how tunnel vision almost takes over an investigation.  It is like the investigators become possessed by something causing them to only focus on one suspect.  While more often than not, they usually have the right suspect, by having tunnel vision they end up missing key evidence and testimony by others.  Think of it this way, if you are looking at the possibility of other suspects, you are more likely to broaden your search for clues and evidence.  When you do this, you are more likely to discover more evidence.  This includes evidence against the given suspect.

When investigators focus on one suspect, they often allow other suspects to go free,  They also narrow the search of evidence so small that some obvious evidence is over looked.  I am not saying these are bad investigators.  What I am saying is that investigators need to be aware of how tunnel vision can cause you to narrow your focus so much that you miss key evidence.   This is a psychological thing that happens "naturally" and investigators need to fight the tendency to have tunnel vision.

Part of the problem is that investigators are pressured to clear cases by arrest, so once they get a suspect, they narrow the search of clues and evidence too quickly.

This was just something that hit me as I am working on a current case.

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!

Don't Forget the Basics

If you are called upon to work any type of homicide investigation, including a suicide, don't forget the basics.  A lot of times law enforcement agencies focus on the "suspect' and the crime and they often forget to do the basics of a homicide investigation.

Homicide 101: You track down the victim's last 24 hours.

Every detective knows this is the basics.  However, I have been called in on more than one occasion where this is not done.  Sometimes it is because the police feel they have a slam dunk case.  Other times they do not see the relevance of doing this basic step in the investigation.

There are a lot of things that may or may not turn up in this process.  However, forgetting or just ignoring this process can leave out a lot of critical information.  This process often leads to more witnesses and more evidence that can make the case for either the state or the defendant.

It seems in today's world with surveillance cameras and other technology, basic investigative work is overlooked again and again.  I know police agencies are strapped budget-wise, but not doing the basics can be an embarrassment later.

Canvassing, interviews, tracking down the last 24 hours are all things you need to do in your investigation.  If you leave any of these out - you may not just have egg on your face - but you just may lose your case.

Whatever you do - Stay safe!