Although the private investigator is not an agent of the state and does have some latitude in performing their investigations as far as the constitutional requirements they still have to conform to certain parameters when dealing with privacy issues. Video and photographic evidence is powerful but needs to be consistent with privacy statutes. In some states single party affirmation is needed to record audible statements on the phone or in public venues. In other states you need both party’s permission and in some states no recordings, wire taps or other audible evidence can be acquired without a court order. Court orders are a prerogative of the state not the private investigator. Threats recorded on an answering machine are generally admissible. So what evidence does the private investigator strive to obtain in a criminal investigation and then submit through the local justice system for prosecution?
Witness Interviews
Witness interviews are the primary source of evidence. But with witness you need to establish the fitness of the witness to observe the facts, such as location of observation or was he actually where he could see and/or hear the facts to which he testified. Is he physically able to make the observation with no hearing or vision loss or impairment, and an estimate as to moral character and a vested interest in the outcome of the investigation? The fact is eyewitnesses are not that reliable. The time factor between the event and interview plays a part as the witness’ interpretation of the facts will change over time. A witness will tend to maximize their positive involvement or minimize their actions if they are legally or socially negative activities. Much of this operates at the subconscious level. Most witness’ recall will conform to popular attitudes and assumptions. It is imperative to separate witnesses so as to obtain as unbiased testimony as possible.
Prima Facie & Supporting Evidence to Prove Intent in Court
Each crime has a specific set of elements and supporting evidence is needed to prove an individual’s participation in committing said crime. For burglary the elements are the illegal entry into a building to commit a crime, especially theft. Evidence has to support this crime and prove the intent. Ransacking house with missing items would prove intent. Illegal entry would require establishing from the owner that the suspect(s) did not have permission to enter the building. It is what it is; prima facie evidence is based on first impression and accepted as correct until proved otherwise. The forced entry into a building without permission is prima facie evidence of intent.
Surveillance, Physical & Testimony Evidence
Most criminal investigations conducted by a private investigator involve surveillance or catching perpetrator in the act. However the prime elements of the statue must be proven and actions observed to support the allegation. A private investigator usually will not make an arrest, he is not authorized to execute search and arrest warrants. They document through physical evidence, surveillance or testimony evidence supporting the salient facts of the crime. The private investigator then submits his case either through the law enforcement agency or prosecuting attorney depending on local procedures.
The private investigator has to conform to the rules of evidence, including the transfer of physical evidence. A record is kept to show the chain of evidence as individuals take possession and responsibility for and to maintain the integrity of the evidence. It cannot be tainted through contamination or obtained illegally.
Private Investigator Services in Greater Miami, Sunny Isles, Fort Lauderdale, Boca Raton & Miami Gardens Florida
Criminal investigations have rules, regulations and statutes that have to be conformed with in order to successfully prosecute a case. Advanced Private Investigator and Security of Miami FL offers expert private investigation services. Contact us to learn more!
