Wired Magazine broke a story that includes a memo "For Law Enforcement Only" that covers how long each cell phone carrier keeps information on cell phone calls and tracking. This includes information on where a cell phone has been (for ATT from 2008 to present) to billing information , calls made, text messages, etc. This can be useful information in many cases. For a PI in Texas you will need a subpoena to get this, but knowing how long the information is kept by the carriers is very important. You can see the memo here.
The story is about the court ruling that the government does not need a warrant to get cell tower information from the cell phone service carriers. This includes tracking the movements of the cell phone. The ruling basically says it is up to the district courts to decide if law enforcement needs a warrant. That is Federal Law. Texas state law requires a subpoena to obtain the records.
Ars Technica has a good article with detailed information concerning all of the stored infoprmation. They have an easy to read chart for your viewing pleasure.
The point is - knowing how long the data is kept by the companies can be very useful when investigating a case.
Remember to stay safe!
This is the Blog of Barry Dunn Advisory Group LLC. You will find information about our company and Private Investigation in general.
Employee Background Checks: Even the Smallest Businesses Need Them
Sometimes when people have a really small business they do
not think they need to get a background check done on potential employees. What
they fail to realize is that they can actually save a lot of money and a lot of
headaches by simply getting a basic background check done by professional
investigator. Why is that? It is simple. It is much easier to be in a
relationship with an employee that you feel you can trust. Wouldn’t you rather
know a little something about that new employee than hire them blind? Maybe you
are old school. And you will go by your "gut feeling."
Most investigations companies charge a very reasonable fee to conduct a background check. Some agencies offer a variety of background
checks depending on how deep you want to go. Most background checks will
include a check of the public records for criminal violations and driving
history. A better background check will also include checking past residences
and confirming previous employers. Some investigators will go even more in
depth and verify education.
Stop and think about it. Unless you really, really know the
person you're hiring, such as they are a son or daughter, then you really need
to get a background check to verify what they're saying. How much is peace of
mind worth to you? Can you risk hiring a felon? Can you risk hiring a known
thief? Maybe you can. Maybe you trust everyone still. But for a very small fee
and not much extra time you can get a background check and this check can help
you make a realistic hiring decision.
A background check is not the end all to knowing everything
about a person. However, having one is far superior than not having one. If you
trust your gut, and I cannot convince you otherwise, then go ahead and hire.
For a final question: Have you ever hired someone who was not really who they
said they were? This is very unlikely to happen is a real background check.
Remember, Whatever you do - stay safe!
Remember, Whatever you do - stay safe!
Process Servers Who Conduct Investigations
There seems to be a big fuss over whether or not process servers conduct investigations to locate people they serve. We all know that often a process server does conduct some sort of locate investigation to complete the service, they can do that for themselves all they want.
I think the area of concern is when a process server wants to sell this information that they derived from their own investigation. Once a process server charges a fee for that information, that is when it appears that process server has crossed the line if he or she is not a licensed private investigator. Said line they crossed being “conducting investigations without a license.”
I'm not trying to give legal advice here. I'm just giving my own opinion as to how I see everything unfolding. There are many PIs out there who are also process servers. Obviously there is no problem with these folks charging for the information. But when someone is a process server and not a private investigator, and they are conducting investigations for a fee whether it be before or after the fact is a violation of the law.
Remember that not only is the process server violating the law, but the person who hires the process server to obtain the information is also subject to fine. If you ever have a doubt – just make sure you hire a real Texas PI who is licensed.
Whatever you do – stay safe!
I think the area of concern is when a process server wants to sell this information that they derived from their own investigation. Once a process server charges a fee for that information, that is when it appears that process server has crossed the line if he or she is not a licensed private investigator. Said line they crossed being “conducting investigations without a license.”
I'm not trying to give legal advice here. I'm just giving my own opinion as to how I see everything unfolding. There are many PIs out there who are also process servers. Obviously there is no problem with these folks charging for the information. But when someone is a process server and not a private investigator, and they are conducting investigations for a fee whether it be before or after the fact is a violation of the law.
OCC §1702.104. INVESTIGATIONS COMPANY. (a) A person acts as an investigations company for the purposes of this chapter if the person: (1) engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to: … the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;I'm not sure why there's any confusion on this issue. There are exceptions listed in the code. The list is quite long but process servers are not an exception.
Remember that not only is the process server violating the law, but the person who hires the process server to obtain the information is also subject to fine. If you ever have a doubt – just make sure you hire a real Texas PI who is licensed.
Whatever you do – stay safe!
Why Do You Need a Real Texas PI?
This should be a fairly easy question to answer. You need a real Texas PI (a licensed investigator) because hiring a non-licensed investigator can cost you $10,000.00 in fines. That is a lot of money. See what the law says:
That is 10 grand for each violation.
Don't risk an outrageous fine. You should always hire a licensed investigator.
Whatever you do - stay safe!
§1702.381 - A person who contracts with or employs a person who is required to hold a license, registration, endorsement, or security officer commission under this chapter knowing that the person does not hold the required license, registration, endorsement, or commission or who otherwise, at the time of contract or employment, is in violation of this chapter may be assessed a civil penalty to be paid to the state in an amount not to exceed $10,000 for each violation.
That is 10 grand for each violation.
Don't risk an outrageous fine. You should always hire a licensed investigator.
Whatever you do - stay safe!
Understanding Hidden Camera Laws
The key term to remember for hidden cameras is "the expectation of privacy." You cannot have hidden cameras placed in areas where people have an expectation of privacy. So, where would a person have expectation of privacy? In your own home, in a hotel room, in your bedroom are places obviously you would have an expectation of privacy. Where do you not have such expectation? In lobbies, halls, "public areas", anywhere outside are places you have no expectation of privacy.
So, can you put a hidden camera in a bedroom to catch a cheating spouse? The other spouse can - but an investigator is likely to be violating the expectation of privacy of the cheating spouse. The other spouse can place the camera there, because there is no expectation of privacy from the other spouse in the bedroom. There is nothing preventing you from selling or renting a hidden camera to the other spouse to catch the cheater.
What about in a privacy fenced back yard? A person has some expectation of privacy in such a yard. Maybe not like that in a bedroom, but some. So if you have to use a UAV (unmanned aerial vehicle), climb a tree or use a hidden camera in the back yard - you are likely violating the "expectation of privacy." I did not mention UAV in pure jest, as making a UAV out a radio controlled small plane and a tiny camera/dvr is not difficult. However, if you can take video/pictures from some place another person is likely to be, you can take video and photos, etc. This may be from a hill above the property, a neighbor's yard, the street or any other type of place.
The point is, be careful when placing hidden cameras or conducting surveillance and do not cross the "expectation of privacy." If you are not sure - you are best off erring on the side of caution - especially if you are a licensed investigator.
Whatever you do - stay safe!
So, can you put a hidden camera in a bedroom to catch a cheating spouse? The other spouse can - but an investigator is likely to be violating the expectation of privacy of the cheating spouse. The other spouse can place the camera there, because there is no expectation of privacy from the other spouse in the bedroom. There is nothing preventing you from selling or renting a hidden camera to the other spouse to catch the cheater.
What about in a privacy fenced back yard? A person has some expectation of privacy in such a yard. Maybe not like that in a bedroom, but some. So if you have to use a UAV (unmanned aerial vehicle), climb a tree or use a hidden camera in the back yard - you are likely violating the "expectation of privacy." I did not mention UAV in pure jest, as making a UAV out a radio controlled small plane and a tiny camera/dvr is not difficult. However, if you can take video/pictures from some place another person is likely to be, you can take video and photos, etc. This may be from a hill above the property, a neighbor's yard, the street or any other type of place.
The point is, be careful when placing hidden cameras or conducting surveillance and do not cross the "expectation of privacy." If you are not sure - you are best off erring on the side of caution - especially if you are a licensed investigator.
Whatever you do - stay safe!
Keep Cool During Surveillance
Whenever you have to have extended surveillance in one spot, you may have a need to cool your vehicle without running the engine. I know all about hot cars in South Texas. They can become ovens. A relatively inexpensive way you can keep your car cool, is to make your own Cooler-Top. There are commercial alternatives out there, but making your own Cooler-Top is relatively easy and inexpensive.
The advantage to making your own Cooler-Top is you can modify this easily to fit whatever ice chest you may already have. I had an old one that I have had for probably more than 25 years. Ice chests that the lid can be removed can be used in more different places than one with a hinged lid – but either will work. Sometimes it just becomes a pain keeping the lid propped open.
The advantage to making your own Cooler-Top is you can modify this easily to fit whatever ice chest you may already have. I had an old one that I have had for probably more than 25 years. Ice chests that the lid can be removed can be used in more different places than one with a hinged lid – but either will work. Sometimes it just becomes a pain keeping the lid propped open.
GPS Tracking - Stay Up on the Law
There are a lot of things happening with GPS Tracking. In a nutshell, in Texas as a private investigator, you can put a GPS Tracker on a vehicle with the owner's permission. Police need a court order or owner's permission. As far as State law goes and case law goes - what I know of as of today, there have been no clear-cut cases determining what the term owner means. Texas is a community property state - so even in cases where both the husband and wife are not on the title - they are still both owners of the vehicle. This is obviously a factor in infidelity or divorce cases. This is important because in Texas the "right to privacy" is a pretty big deal.
Things like "the right of privacy constitutes a legal injury for which a remedy will be granted." and anything that goes beyond the "expectation of privacy" can have dire consequences.
Chances are, as long as you have consent form an owner - you are likely to be OK from a criminal or Penal Code (16.06) violation standpoint.
However, now the Supreme Court of the United States is getting into this. We do not want to be violating Federal Law. They decided to look into a criminal investigation by the Police, but we may need to look into it more carefully for private investigations concerns. The US Court of appeals in DC put it this way: "A reasonable person does not expect anyone to monitor and retain a record of every time he drives his car, including his origin, route, destination, and each place he stops and how long he stays there; rather, he expects each of those movements to remain 'disconnected and anonymous," according to circuit judge Douglas Ginsburg.
The case has not been heard yet, and it is about the warrant-less use of GPS trackers by police - but keep an eye on the case as it can have implications for the private eye.
Cnet has the story here.
Whatever you do - Stay Safe!
Things like "the right of privacy constitutes a legal injury for which a remedy will be granted." and anything that goes beyond the "expectation of privacy" can have dire consequences.
Chances are, as long as you have consent form an owner - you are likely to be OK from a criminal or Penal Code (16.06) violation standpoint.
However, now the Supreme Court of the United States is getting into this. We do not want to be violating Federal Law. They decided to look into a criminal investigation by the Police, but we may need to look into it more carefully for private investigations concerns. The US Court of appeals in DC put it this way: "A reasonable person does not expect anyone to monitor and retain a record of every time he drives his car, including his origin, route, destination, and each place he stops and how long he stays there; rather, he expects each of those movements to remain 'disconnected and anonymous," according to circuit judge Douglas Ginsburg.
The case has not been heard yet, and it is about the warrant-less use of GPS trackers by police - but keep an eye on the case as it can have implications for the private eye.
Cnet has the story here.
Whatever you do - Stay Safe!
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