Anchorage Family Law Investigations

With so many myths associated with private investigators, there are a lot of misconceptions about what can legally be done… but as private citizens, they have no more rights or privileges than the average citizen and police officer.
[url="http://www.moafli.com"]private investigators anchorage[/url] cannot and should not (no matter which state) impersonate law enforcement. In many other countries, private investigators are not able to carry a badge, wear a uniform, or use any logos or phrases that could imply that the investigator is in any position of authority. This is a necessary safeguard that prevents private investigators from misleading individuals about any possible affiliation or association that they may be acting on behalf or in association with government agencies. In rare cases, few private investigators may wear badges and/or uniforms that indicate they are private investigators but they will be working in conjunction with local law enforcement or federal officials. This is a rare circumstance.
Private investigators cannot and should not make any “legal arrests”. In the United States, private investigators are not authorized to make an arrest. However, in some countries, Canada and the United States included, certain circumstances can arise in which an individual not associated with law enforcement can make a citizen’s arrest, depending on the severity and details of the situation. Some states require written consent from the county or municipality for a private investigator to make a particular arrest, while other jurisdictions only authorize citizen’s arrest when the individual is endangering the public such as exigent circumstances that threaten life and/or property.
Private investigators should never wiretap any private phone without prior consent. Private investigators are prohibited from wiretapping or monitoring phone conversations, without consent from at least one of the individuals being monitored. 38 states in the United States, as well as the District of Columbia, have statutes that require at least one party to consent to the recording of a conversation (Alaska is one of those states). In many cases, a warrant is required to legally tap a phone, and private investigators will sometimes work with local police enforcement in order to avoid breaking any local or federal laws. Only authorities can authorize private investigators to participate in wire taps; which is a very unlikely situation. Depending on the state, in order to legally record a conversation at least one or more person being recorded must be aware that they are being recorded (Alaska is one of these states). A private investigator can; however, eavesdrop on a conversation that takes place in a public place and/or is naturally loud enough for others to hear.
Private investigators cannot enter a property, house, or building through illegal means (picking locks, taking pictures through windows…etc), including breaking and entering. Trespassing laws vary from state to state; in some states the investigator must have permission from the owner before anyone can enter a property.
Believe it or not, some private investigators have tampered with mail. They should never do this. Any kind of tampering with, opening and/or destroying someone else’s mail is a federal offense and could land you in jail.
A private investigator cannot run a license plate unless they have a legal reason to do so (such as a pending litigation). This means that a private investigator will generally run a license plate only for investigative purposes only; such as in connection with a future civil/criminal case
Private Investigators should never violate someone’s privacy; such as obtaining information via social security number or date of birth without any connection to a legal purpose or consent. The legal means to obtain privacy act and/or proprietary information (bank accounts, phone records, travel records, credit information, criminal records and court documents) is to issue a subpoena.
Above all, private investigators should never act unlawfully or immorally. They should above all else review Supreme Court decisions on questionable privacy violations within their own profession and act professionally with their clients; such as avoiding conflicts of interest. Private investigators should never harass, trespass on private property bribe, hack or act deceitful to obtain information to cause emotional harm to someone. In spite of these restrictions, some investigators will still obtain information through unlawful methods. Illegally obtained information will be dismissed and unusable in court, so a rogue investigator can greatly obstruct your investigation and legal case(s).
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13-15, M
Dec 15, 2012