The Ultimate Guide for Legal Recordings for Private Investigators

When can you make a recording?  When can you use it?  I won't get into all of the legal aspects of when you can use it right now.  However, I am glad when someone else has done all of my homework, and I don't have to "reinvent the wheel" when it comes to knowing what you can and cannot do when recording.

Normally, I stick to stuff about Texas, because that is what I am familiar with when it comes to Investigations.  However, I believe I have found the best source to know when you can and cannot record (barring court order, etc) anyplace in the US.

So I will call this the ultimate guide for legal recordings for private investigators.  OK, I admit I stole this from the reporters, but you don't have to tell them!

Here is the guide in a nutshell:

Below is the place to go to get the down low.  Also where to get the download.  I suggest you do so and save it to your computer for future reference.  That is what I did.

The Reporter's Recording Guide.

Stay Safe!

Starting Out as a PI - How to Survive

I recently started helping some out in developing a PI's survival guide for new and upstart PIs.  Some old timers will frown upon my share "trade secrets" but I am of the belief that there is a lot of work out there for private investigators that work hard and continually are trying to improve their trade craft.

The following are a few tid-bits of information I shared:

The first and foremost thing I learned to do is incorporate.  It wasn't that much to file (I don't remember the cost, but it wasn't high) as an LLC and you really don't need a lawyer to do so - pretty simple instructions from the Secretary of State.  You need this protection. I learned this the hard way from my father's business when he was a Hertz agent.  Someone who got in an accident and it was their fault sued my father.  They didn't win the case, but the cost of defending himself took pretty much all he had saved up.

The next thing I recommend (though some PIs do not want to do this) is get certified as a process server and do this before or as they are waiting to become a licensed PI.  There are a lot of similarities and it can get the foot in the door with attorneys.  The process of becoming a licensed PI in Texas can take quite a while.  Through no fault of my own, it took me more than 6 months from when I first applied and I passed the managers test on the first try.  Maybe I will tell that whole story sometime later.

One key issue that hampered me was I did not know what equipment I needed.  Remember, I was starting out as a private investigator and had not done investigations privately, only as a police officer.  I bought a lot more stuff than I needed, and think more than anyone would NEED, but all the cool stuff made me buy too much.

So what equipment do I recommend? The piece of equipment I use the most, and works for me in all sorts of circumstances is a Sony digital recorder I bought at Wal-Mart.  I can put the thing on record and even drop it in a cargo pocket in some pants and it records conversations perfectly.  I paid all of $69 plus tax.  I did add a 2 Gig card.  The model is ICD-PX312.  Did I say I use this ALL the time.  I replaced the batteries after about 8 months, even though the battery indicator showed they were still OK.

But Guess what?  You can buy it even cheaper today.  Here is an example:

You can find one as cheap as $28 bucks now.  

I have more on this, but I hate long posts - stay tuned and stay safe!

Who Needs to Know When I am Making a Recording?

Whenever you are making a recording of an individual (this does not include video with no audio in a public place) usually at least one party to the conversation needs to be aware of the recording.  In other words, you cannot put a device to record all phone calls on a line, unless you are always a party to those phone calls.  Also, you cannot "accidentally" leave a recording device in another room and walk out to record what took place in the other room.  Exceptions to this require a judges order.

In other words, you cannot bug anyone's car, apartment, house, office... you name it.

You can, in one party state (meaning one party to the conversation is aware) walk around and record everything without telling anyone.  You can use a hidden camera and record everything that is going on around you (there are some facilities that can outlaw this).

Some states require both parties to be aware they are being recorded. These states are:

California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington

Assume places like Washington D.C. and other US places to be 2 party unless you can find something to clearly state otherwise.

This means in 2 party states you cannot secretly record any conversation or use a hidden camera with audio. You can use a hidden camera without audio in public places.

Whatever you do - Stay safe!

Video Date and Time Stamps

I have heard a lot of misunderstood statements about time/date stamps on videos.  The one that makes me scratch my head the most is For Court we must display the time and date in the video. I really do not understand that one.  The reason I say this is that nearly all HD recorders now used by both law enforcement and professional investigators do not put a time/date stamp on the video.  That means for court someone would have to provide a video that was not how it was recorded originally.  No matter how you want to word this - it means you are providing an altered or modified video.  

I have problems with getting altered videos into court.  You are just asking for a good attorney to muddy up the water of your testimony.  Usually to get video into evidence, whoever shot the video will be asked "Is this video the same as the actual scene when you shot it?"  Fair enough, and easy yes.  Then they need to ask "Have you modified, changed, or edited this video in any way?"  If you answer any other way than "yes"  you have just committed perjury if you used one of the common ways to add time/date stamps to the video. The most common is for people use the video out and play the video with the camera showing the time/date stamp and making a DVD on a Pinnacle Dazzle (or other brands that do the same thing) DVD recorder.  That is no less a modified video that if you used a software program to edit the video so it shows the time/date based upon the meta data.

On a HD video the information is all contained in the file's meta data.  This means you can look at the file and see when it was recorded.  It has other information, such as the quality of the recording, etc.  

The point is, you need to save an original recording how is was saved by the camera.  It is not necessary to save SD cards, you just need to save the files in their original form and keep copies in a safe place.  

You need to have that original form available when you go to court.  You can say how you got the time/date stamp onto the video - but never claim that said video is original.

Whatever you do - stay safe!

Investigations Basics - Part 6

A good memory

The third thing you need to have is a good memory.  Now we all are not gifted with having a good memory.  Frankly, mine is not all that good.  So I learned to compensate.  I record phone calls and interviews that are connected to the case.  I also take notes, just in case.  I am constantly using the reminders and calendar in my phone to keep me on schedule.  Use technology to your advantage and realize that being able to repeat or report on the information you obtain is a key element in the investigation’s success.
I also maintain a database of all my cases and any of my work that has every individual I get information on and from.  This can be very important, not only for your current case, but subsequent cases. It can also prevent you from conflict of interest later on down the road.

Take pictures and video, and don’t be shy about it.  Explain to others that you need to document who you have spoken with in the interview.  There are times where subtlety is needed, so use a spy camera for those occasions.  You don't have the mortgage the farm.  You can buy a key-chain camera online at eBay for around 12 dollars that will work just fine.  Have a good memory, but document everything you can with some type of recording.

Sometimes having a good memory means having a big enough memory card.

Stay safe!

How do You Record Your Interviews?

Investigators almost always try to record the interviews they conduct.  The main reason is for the purpose of accuracy when they have to report their findings.  There are instances when you interview a potential witness, and they change their story in court.  It is awfully nice to have a recorded interview where they state something different, especially if you need to discredit the witness or what they "now" say damages a case.

Every time I conduct an interview, I try to get it recorded.  I have tried out several high-end recorders, only to find out the are "too good."  Too many times when I have used the high end products, they are too sensitive and pick up way too much background noise.  When I say recorders - I am speaking of digital recorders.  I do not use tape any longer - it is just logistically too impractical.  The 4th recorder I decided to try out was basically out of need.  I had sent back another expensive model, and I needed one as a stop-gap measure.   I bought a $59 model from Wal~Mart.

The recorder I got was a Sony ICD-PX312 digital recorder.  It has a removable micro-SD card (which was one of the few requirements I have).  It can record in several formats, and has several quality settings.  I stated off using everything in the middle range.  It it easy to set up and easy to use.  I can turn the recorder on and lock the power button so it continually records conversations.  I put the recorder in my pocket and conduct the interview.  It doesn't matter if it is a shirt or pants pocket - it records the conversation really well.

I would have to give this recorder a 5 out of 5 rating if I had a system.  It is easy to use, easy to set up and always gives me a great recording.  This equipment is standard issue for everyone working for me.

If you use something that works really well, I would like to hear from you.