Private investigators gather evidence for inclusion in court actions, and the evidence must conform to certain court mandated doctrines. Courts vary, even within the same jurisdiction. Though the PI operates in a more liberal environment unencumbered by many of policy and procedures that impede state investigators (i.e.- law enforcement that represents a municipality, county, state or federal agencies), a PI must conform to constitutional requirements and conventions. He must have a firm knowledge of evidence presentation and management. Many cases have been lost because of tainted and undocumented evidence. A complete history and chain of possession is required in evidence management. Evidence must be thoroughly documented.
Investigation & Intelligence Gathering Techniques
Investigation and intelligence gathering are similar operations. Investigative activities to be court admissible are constrained to comply with constitutional guaranties and court doctrines as well as interpretations of the law. These vary from jurisdiction to jurisdiction, and to a degree it varies from judge to judge within the same court system.
Testimony & Evidence
In courts the ‘truth’ is negotiable. The courts control what evidence and testimony can be presented. Most witnesses, like PI’s and law enforcement as well as lay witnesses are examined and cross examined. These procedures dictate what testimony and evidence are allowed and the interpretation of the evidence and or testimony. Many court proceedings include an evidentiary hearing to determine what evidence may find its way into the court room. The ‘truth is negotiated’.
Private Investigator Job Description
PI’s may conduct investigations, that will develop testimony or physical evidence, the collection of which will conform to court rules of evidence. An intelligence operation gathers information that may dictate some action by the client. Due-diligence, backgrounds, real estate analysis and other operations, even a market analysis are intelligence operations. Counter-intelligence is a security function that is directed to protect physical assets and proprietary information or to protect intellectual property. It tries to assess risk and motivation of competitors as well as what lengths they are willing to engage in compromising corporate (any business) information or marketing. Caution on the part of the PI will dictate the rules of engagement. Conformity to judicial requirements in intelligence operations will aid in the evolution between intelligence to an investigation as circumstances require.
Investigative Strategies & Intelligence Operations
Both investigative and intelligence operations essentially boil down to the collection and analysis of information and data. Both have their rules and restrictions, but investigations entail more restrictive implementations as to procedure and both require extensive documentation. An investigator is a professional writer given the volume of reports required to document a case or assignment. Many court situations fail due to incomplete or insufficient documentation.
Discovery in Court Cases
Daily logs and notes should be separated according to case and assignment. The problem is that notes are subject to discovery. Notes that cover multiple cases can be required to be submitted to a court. This opens the possibility of proprietary or confidential information on other cases ending up in the court record. Separate notebooks assigned to a case with separated log per case, will preserve information across a case load.
Private Investigator & Security Services in Greater Miami, Sunny Isles, Fort Lauderdale, Boca Raton, Weston, Plantation City & Miami Gardens Florida
As can be scene the professional private investigator has a lot to keep track of and balance his day to day operations. A seasoned, competent and professional work ethic creates an asset in support of services offered to a client. Advanced Private Investigator & Security of Fort Lauderdale Florida offers expert private investigator and security services. Contact us today.
