The Importance of Witness Interviews and Statement Taking

A critical component in many types of investigations is the ability to conduct thorough witness interviews and statement taking. These processes are vital for gathering valuable evidence, corroborating facts, and building a strong case. Witness statements can provide crucial insights, shed light on key events, and help establish timelines, motives, and potential suspects. Effective witness interviews and statement taking require a structured approach, attention to detail, and adherence to best practices.

Preparing for the Interview & Interrogation

Background Research

Before conducting a witness interview, it’s essential to gather as much background information as possible. Research the case, the individuals involved, and any relevant details that could aid in the questioning process. This preparation will help you formulate targeted questions and identify potential inconsistencies or areas that require further exploration.

Choosing the Right Environment

The environment in which the interview takes place can significantly impact the witness’s comfort level and willingness to provide information. Opt for a neutral, quiet, and private setting that minimizes distractions and ensures confidentiality. A good interviewer will avoid incident locations or nearby areas when speaking with witnesses, so that the interviewee doesn’t feel intimidated. Conducting interviews in a neutral setting is best.

Conducting the Interview Process

Building Rapport

It’s super important to connect with the witness to encourage them to open up. Start the interview with a friendly vibe, introduce yourself, and let them know why you want to chat with them. Listen closely and genuinely care about what they have to say; it builds trust and makes them more likely to cooperate. Just keep the tone calm throughout the conversation.

Questioning Techniques / Interview Techniques

Utilize a variety of questioning techniques to elicit comprehensive and accurate information from the witness. Open-ended questions prompt witnesses to give a narrative version of the events. It is important not to lead a witness or suggest how events might have taken place. Follow up with clarifying questions to fill in gaps or address inconsistencies. Avoid leading questions that may influence the witness’s responses.

Documenting the Interview

Accurate and detailed documentation is essential during witness interviews. Consider recording the interview (with the witness’s consent) or taking meticulous notes. Capture verbatim quotes whenever possible, as they can be powerful evidence in court or during legal proceedings. Body language can be very telling. Take note of these non-verbal cues, as they may indicate whether the witness is being truthful.

Witness Statement Taking

Precision and Clarity

After the interview is complete, be sure to obtain the witness’s formal written statement. Ensure that the statement is clear, concise, and accurately reflects the witness’s account. Use precise language and avoid ambiguities or vague descriptions that could be open to interpretation.

Review and Verification

Be certain that the witness is clear about their statement. Have them read it allowed and make sure they agree with the accuracy and completeness of their account. Allow the witness to make corrections or clarifications if necessary. Once the statement is finalized, have the witness sign and date it to authenticate their account.

Handling Sensitive Information

In some cases, witness statements may contain sensitive or confidential information. Implement appropriate measures to protect the privacy and safety of the witness, as well as the integrity of the investigation. Redact or withhold sensitive information as necessary and follow established protocols for handling and storing confidential materials.

Best Practices for Effective Witness Interviews and Statement Taking

Maintain Objectivity

Throughout the interview and statement-taking process, it’s essential to maintain objectivity and avoid bias. Approach each witness with an open mind and refrain from making assumptions or judgments. Your role is to gather accurate information, not to validate or dismiss any particular narrative.

Respect Privacy and Legal Rights

Respect the privacy and legal rights of the witness at all times. Inform them of their rights, including the right to legal representation if applicable. Ensure that the witness understands that their participation is voluntary and that they can choose not to answer certain questions or terminate the interview at any time.

Follow Legal and Ethical Standards

Adhere to all relevant legal and ethical standards when conducting witness interviews and taking statements. This includes obtaining proper consent, avoiding coercion or intimidation, and preserving the integrity of the evidence. Familiarize yourself with applicable laws and regulations, as well as your organization’s policies and procedures.

Continuous Training and Improvement

Witness interviews and statement taking are skills that require ongoing training and refinement. Participate in professional development opportunities, such as workshops, seminars, or online courses, to stay up-to-date with best practices and emerging techniques. Additionally, seek feedback and learn from experienced colleagues to continuously improve your interviewing and documentation abilities.

The Importance of Witness Interviews and Statement Taking in Investigations

Being an effective interviewer and having the ability to transpose witness’s accounts into formal statements is essential to the success of many criminal, civil, and corporate cases By adhering to best practices, maintaining objectivity, and respecting legal and ethical standards, private investigators can gather reliable and admissible evidence that can strengthen their cases and ultimately serve the pursuit of justice or organizational integrity.

The Anatomy of the Bank BRI Cyber Scams

The modus operandi behind these cyber scams is alarmingly simple yet effective. Fraudsters have been employing a combination of phishing emails, malicious websites, and even SMS messages to trick Bank BRI customers into revealing their login credentials and one-time passwords. Once the criminals gain access to an account, they quickly transfer the funds to other accounts under their control, leaving the rightful owner financially devastated.

What makes these attacks particularly insidious is the level of sophistication employed by the cybercriminals. They often impersonate legitimate Bank BRI personnel, exploiting the trust and familiarity customers have with their financial institution. The scammers’ messages may even include convincing branding and language, further luring victims into a false sense of security.

Inadequate Cybersecurity Measures in Indonesia

The surge in Bank BRI cyber scams can be directly attributed to the country’s comparatively lax cybersecurity standards and protections for consumers. Indonesia has been slow to implement robust digital security frameworks, leaving its financial institutions and citizens vulnerable to the increasing threats posed by cybercrime.

Unlike the United States, where stringent regulations such as the Gramm-Leach-Bliley Act and the FFIEC Cybersecurity Assessment Tool have mandated heightened security measures for banks, Indonesia’s cybersecurity regulations remain fragmented and under enforced. This regulatory gap has allowed cybercriminals to exploit vulnerabilities in the country’s banking infrastructure with relative ease.

Compounding the problem is the limited availability of advanced cybersecurity technologies and the shortage of skilled professionals in the field. Many Indonesian banks, including Bank BRI, have been slow to invest in cutting-edge security solutions, such as multi-factor authentication, real-time fraud monitoring, and sophisticated data encryption.

The Stark Contrast with Cybersecurity in the USA

In contrast, the United States has made significant strides in safeguarding its financial sector against cyber threats. The implementation of robust regulations, coupled with heavy investments in cybersecurity technology and personnel, has helped to create a more secure environment for American banking customers.

The Gramm-Leach-Bliley Act, for instance, mandates that financial institutions implement comprehensive data protection measures, including the use of advanced encryption and access controls. The FFIEC Cybersecurity Assessment Tool further requires banks to regularly evaluate their cybersecurity posture and address any identified vulnerabilities.

Moreover, the US banking industry has been at the forefront of adopting innovative security solutions, such as biometric authentication, behavioral analytics, and artificial intelligence-powered fraud detection. These technologies have proven effective in thwarting sophisticated cyber attacks and safeguarding customer accounts.

The Urgent Need for Cybersecurity Reform in Indonesia

The recent spate of cyber scams targeting Bank BRI accounts has underscored the pressing need for Indonesia to overhaul its approach to financial sector cybersecurity. Policymakers and regulators must act swiftly to implement stringent security standards, mandate the use of cutting-edge technologies, and ensure robust enforcement measures are in place.

“Banks are targets because banks are where the money is,” BRI’s head of information Muharto, who like many Indonesians goes by only one name, said at a forum in Jakarta in June.

Additionally, banks in Indonesia, including Bank BRI, must prioritize cybersecurity as a strategic imperative. Increased investment in security solutions, enhanced customer education campaigns, and the recruitment of skilled cybersecurity professionals will be crucial in mitigating the growing threat of cyber attacks.

Failure to address these vulnerabilities could have far-reaching consequences, not only for individual bank customers but also for Indonesia’s entire financial system. The country’s economic stability and the public’s trust in its banking institutions are at stake, making cybersecurity reform an urgent national priority. As the world becomes increasingly digitized, the contrast between Indonesia’s and the USA’s approaches to financial sector cybersecurity highlights the critical importance of proactive, comprehensive, and well-enforced security measures. By learning from the successes of the US banking industry, Indonesia can take decisive steps to safeguard its citizens’ hard-earned savings and secure the future of its financial ecosystem.

Digital Detectives At Victory Investigations

As Digital Detectives, Victory’s private investigators are experienced in discovering spyware, malware, surreptitious monitoring, and sometimes intrusion. A Digital Detective is a specialized investigator that has skills in ethical hacking (including social engineering) and digital forensics. With these specialized skill sets, these detectives examine computers, cell phones, tablets, servers and more for unwanted and unwelcomed spying software and potential “breadcrumbs” or digital footprints left behind be a perpetrator or attacker. Digital Forensics can uncover vital evidence artifacts that would normally go undetected by the user. Spyware and malware are designed to be transparent to the user, so that they can do their dirty work behind the scenes.

Rental properties are an excellent source of passive income. However, managing them comes with a fair share of accountability, responsibility, and potential liability. If you want to manage rental properties successfully and ensure the safety, reliability and financial stability of your tenants, then engaging in robust tenant background checks becomes crucial. They are a way for landlords to examine prospective tenants, identify any potential red flags and choose the best renter for the rental property. A typical tenant background check includes the following –

• Verification of the prospective tenant’s identity
• Examining his/her criminal history at the county, state and federal levels
• Checking for prior evictions
•  Checking global watchlists
• Check for liens or other indebtedness
• Follow up with prior landlords – previous rental history – were they a problematic tenant

Importance of Rental Background Checks – A Concise Guide for Greensboro North Carolina

A rental background check is crucial for every landlord or property manager who is serious about the safety of his/her property and also about the well-being of other tenants. A rigorous tenant screening process helps identify the potential red flags of a potential tenant, such as criminal or anti-social behavior, and inability or unwillingness to pay debts, etc.

When you review the rental payment history of a potential tenant, it becomes easy to understand whether or not they will be able to pay their rent on time. So, you are saved from the hassle and headache of rental fraud. Likewise, a tenant application with a crystal clear record also ensures that the passive income you receive from your rentals is steady, smooth and consistent.

A tenant with a history could bring unwanted problems your way. You will want to speak with the previous landlord or have a private investigator in Greensboro speak with them, in addition to running a background check on a prospective tenant.

What Is A Tenant Background Check – Top 3 Components

 Before getting into the basics of how to conduct a rental background check, let’s examine some essential components of a rental background investigation.

 Eviction Records & Previous Rental History

One of the most important components of background checks for rentals is looking for eviction records. Eviction records are big warning signs that something is wrong with the individual who might become your future tenant. It might hint at the applicant’s inability to pay rent on time, misconduct, or any type of anti-social behavior. These types of records may be difficult for landlords and property managers to obtain on their own. Victory Investigations’ private investigators, in Greensboro NC, have access to information that is not readily available to the general public that can potentially help validate the findings of a reputable tenant screening service. 

Request a Criminal Background Check on Tenants

A criminal record check offers insight and details into the criminal history of the applicant, including convictions a person may have. They are important to ensure everyone’s safety and minimize your liability as a landlord. However, there are regions that have laws prohibiting landlords from asking prospective tenants about arrest or conviction records, such as Oakland and Berkley California. Landlords should always be aware of local laws and regulations when conducting criminal history checks.

It is important to note that there are NO central criminal databases available to anyone outside of law enforcement. However, background screening agencies and private investigators for Greensboro know how to locate and combine criminal records from all 50 states.

Another important piece of information is that PI’s and background screening agencies provide “human-audited” background information. You cannot rely on online, automated background reports. Although many many have useful and accurate information, more often than not, they are riddled with inaccuracies, stale data, and cross-contamination from others with similar attributes. 

Request a Credit Report Through the Three Major Credit Reporting Bureaus

Credit reports and scores provide invaluable insight into the financial stability and payment records of your prospective tenant. An assessment of the same is crucial to ensure that you are renting your property to someone who can pay the rent on time, something that can be easily analyzed by checking their credit report and scores. TLO’s SmartMove service can help determine whether the applicant’s credit behavior is aligned with their self-reported income. The three major credit bureaus  or major credit reporting agencies are:  Equifax, Experian, and Transunion. One or more of these are often used to screen prospective tenants. Just be sure to bone up on tenant rights before you run a credit report.

How to Run a Background Check on a Tenant in Greensboro NC – Four Best Practices

Get Written Consent to Run a Credit Check & Tenant Screening Report

The first and probably the most important step is to get written consent, from the applicant. You and the applicant should be aware of the Fair Credit Reporting Act (FCRA) and that he or she feels okay if you conduct their background check. You can provide them with an FCRA disclosure and it is best that they sign saying they have received it.

You may also want to have copies of the Fair Housing Act, printed off, to provide the rental applicant. Without written consent, rental background investigations could result in fines and other legal actions. All of this can be included in the complete rental application.

It’s probably not enough for them to verbally provide this information or just write it down. We suggest making copies of their driver’s license and social security card and keep them in their file.

If you do require their driver’s license information, it’s a good idea to provide them with Driver License Protection Act (DLPA) disclosure as well. Covering your bases will prevent a lot of potential future headaches – trust us.

Collect Required Information

Once you’ve decided to screen prospective tenants, for your rentals, you should ask for the right documents and information. This includes –

• The full name of the applicant
• Date of birth
• Social security number
• Current and previous addresses
• Income (possibly verification of income i.e. paystub)
• Employment history
• References, including previous landlord(s)

Choose Trusted Background Check Service in Greensboro North Carolina

The third and very crucial step of a rental background check is to choose the best screening service. A reputable tenant screening service, like E-Renter, adheres to federal and state laws and provides accurate and updated information promptly. Request a thorough background check, including checks on credit, income, rental history, eviction history, and criminal records to ensure quality assurance. Also, look into the services reviews and reputation. Make sure they’re on the up and up and have all the proper credentialing.

You should prioritize services that comply with FCRA regulations and also provide comprehensive reports, including credit history, criminal records, eviction history, and more.

Analyze the Results and Make an Informed Decision 

The fourth step of a tenant background screening is to analyze the reports fetched by the tenant background screening service and determine the applicant’s suitability as a renter. Some of the things you can do are – evaluate the debt-to-income ratio. It reveals how much of a person’s income goes towards paying debts. A low DTI reveals that the application has a good balance between income and debt and can probably clear its pending dues on time. A good DTI ratio is anything below 37 percent. Likewise, it is essential to consider the property type, the demographics, etc, while finalizing the suitability of a prospective tenant.

Wrapping Up – Background Checks on a Tenants 

….should always be considered before leasing your precious property. They should be considered a vital part of the rental application and it doesn’t just protect you, the landlord, but also the applicant. 

Once the applicant has been thoroughly screened, landlords need to take further action, like reaching out to references, confirming employment details, and ultimately determining the applicant’s suitability. This decision-making process should align with relevant laws and tenant rights.

It’s crucial for landlords to prioritize confidentiality and compliance with relevant regulations post-background check. Through vigilance and adherence to guidelines, landlords can effectively manage their rental properties while remaining lawful and respectful of tenant rights.

Just as an aside… Victory Investigations, in Greensboro, has assisted landlords and leasing agents with locating tenants that have “skipped-out” on their lease and payments and when they have left behind significant damages. Our private investigators have helped hundreds of landlords locate their former renters in order to have them served with legal process. If you have a situation that requires locating someone or skip tracing a debtor, former tenant and the like, reach out to our experts to assist.

Smartphones have become indispensable devices for communication and connectivity in our time. Almost everyone you see, at any given time, has one in their hand. They’re either browsing the web, making a call, texting a contact, or taking a picture. Smart cell phones are truly a wonder… One that moves data and information continuously. Voice calling capabilities on smartphones now encompass video calling options as well as traditional audio calls. Text messaging applications on smartphones allow for sending messages without strict character limits, incorporating graphical elements like emojis, customizing the appearance through features like handwriting fonts, and in some cases providing the ability to unsend or recall previously sent messages.

Recovering Deleted Text Messages an More

Our lives are intertwined with technology, which ultimately leaves behind a trail of digital footprints, with every interaction. From text messages and emails to social media posts and browsing history, our digital activities can provide valuable insights into our actions, relationships, and even thought processes. However, the deletion of data does not necessarily mean it is gone forever. Digital forensics, although not new, is constantly changing and getting better. Digital private investigators have developed advanced techniques and tools to recover deleted data, analyze it, bring it to light crucial evidence in various contexts, including criminal investigations, corporate disputes, and personal matters. Data that was once believed to be lost forever, can often times come back to haunt criminals, make dishonest employees sweat, and threaten secret affairs.

Recovering Deleted Data – Reveal Invisible Data to Bring the Truth Forward

The process of deleting data from a device does not erase it completely; instead, it merely removes the pointers or references that the operating system uses to locate and access that data. This means that the data itself still exists on the storage medium until it is overwritten by new information. Digital forensics experts leverage this concept to recover deleted data, employing specialized software and techniques to scour the nooks and crannies of storage devices, extracting valuable information that may have been thought lost forever. Some of these storage devices or containers of data have designated areas were deleted data is stored. Of course, this will vary depending on the device and/ or the operating system.  

Text Messages and Emails – Recovering the Crucial Conversations & Communications

Text messages and emails are among the most sought-after forms of digital evidence, as they can reveal critical communication patterns, timelines, and potentially incriminating or exonerating information. Digital private investigators can recover deleted text messages and emails from various sources, including mobile devices, cloud backups, and email servers. These recovered conversations can provide valuable insights into relationships, motives, and even alibis. Geo-location data is highly sought-after, revealing where the user may have been, at the time of a crime. Texting while driving is not only frowned upon, but is illegal in many states. We have been called to the defense of some folks that have been accused of using their phones when they’ve been involved in an accident. These can prove to be particularly difficult, as smart phones are constantly “talking” with the cellular networks and even exchanging data, behind the scenes with applications on the phone.

Images and Videos – Getting Deleted Pictures and other Media

Visual evidence can be equally powerful, and digital forensics has developed techniques to recover deleted pictures and videos from various sources, including smartphones, cameras, and computer hard drives. These recovered files can shed light on events, locations, and even emotions captured in those moments. Digital Forensics experts can also analyze metadata, such as timestamps and geolocation data, to establish timelines and verify the authenticity of visual evidence.

Other Online Activities – Show the Hidden Patterns

Beyond text messages, emails, images, and videos, digital forensics can also recover other forms of communication, such as social media activity, chat logs, and even deleted internet browsing history. These recovered data points can help piece together a comprehensive picture of an individual’s digital footprint, revealing patterns, associations, and potential motives. Virtual private investigators are experts in recovering the following”

Computer and mobile device forensic analysis can extract a wide range of data, including:

– Call logs detailing incoming, outgoing, and missed calls

– Contact lists/address books 

– Message content across SMS, messaging apps, and multimedia messages

– Multimedia files like photos, videos, audio recordings, and in some cases voicemail messages

– Internet history including browsing activity, search history, cookies, analytics data

– Calendar events, task lists, notes

– User-created documents, spreadsheets, presentations and other files

– Passcodes, passwords, unlock patterns, account credentials

– Historical geolocation data and cell tower location information 

– WiFi network connection details

– User dictionary/learned words

– Data from installed applications

– System files, usage logs, error logs

– Potentially recoverable deleted data

Mobile devices can contain a significant amount of personal information and data related to a user’s activities and communications. When such information is relevant to a particular matter, digital forensics investigators can provide data extraction and analysis services to recover and examine this device data.

Spyware and malware detection is another aspect of digital forensics investigations. Suspicious activities like unexplained device behavior, rapid battery drain, indications of monitoring, or coded/unknown communications could potentially be signs of spyware or surveillance software installed on a computer or mobile device. Virtual private investigator firms offer spyware detection services to identify if such malicious software is present and active on a system. Common capabilities of spyware include monitoring calls, texts, locations, app usage, multimedia files, internet activities, emails, contacts/calendars and enabling remote control functionality over the compromised device.

Top Digital Forensics Tools and Software for Deleted Data Recovery

To navigate the intricate world of digital evidence, digital private investigators rely on a range of powerful tools and software. Here are a few of the industry’s leading solutions:

Forensic Toolkit (FTK)

Developed by AccessData, Forensic Toolkit (FTK) is a comprehensive digital forensics platform that offers a suite of tools for data acquisition, analysis, and reporting. It supports a wide range of file systems and can recover deleted data from various sources, including hard drives, mobile devices, and cloud storage.

EnCase Forensic

EnCase Forensic, created by OpenText, is a widely used digital forensics solution known for its robust data acquisition and analysis capabilities. It features advanced search and filtering options, allowing investigators to quickly locate and examine relevant evidence.

AXIOM

AXIOM, developed by Magnet Forensics, is a powerful digital forensics platform designed for both mobile and computer forensics. It offers advanced data carving techniques, allowing investigators to recover deleted data from various sources, including cloud storage and encrypted devices.

Oxygen Forensic Detective

Oxygen Forensic Detective is a specialized tool for mobile device forensics, capable of extracting and analyzing data from a wide range of smartphones and tablets. It supports over 36,000 device profiles and can recover deleted data, including messages, call logs, and location data.

These tools, along with many others, equip digital forensics experts with the necessary capabilities to uncover deleted data and unveil hidden truths, ensuring that justice prevails and accountability is upheld in the digital age.

How to Completely and Permanently Delete Text Messages and Other Data

So, if you want to completely and permanently delete your data, you will need to perform a factory reset of your device. Now you ask, how do I permanently delete ONLY specific items? Well, you would need to delete the target items, from your cell phone. Then make a complete backup of the phone. You will want to perform a factory reset, at this time. Once all of that is done, then restore the backup you made to the cell phone.

This does not cover you for any data that may be store in cloud backups. You would need to delete those backs to once and for all and forever get rid of the data you targeted for deletion. Couple of things to note, however…. IF your phone is subject to subpoena or you have been provided a notice not to alter, delete, compress, conceal, etc., and you do, you could be held in contempt or worse, charged criminally. These spoliation clauses are very commonly used in domestic divorce cases and other types of cases. And many many times we have had the opportunity to examine a spouse’s device to gather evidence of their illicit affair. It can be quite embarrassing, but if you do delete, we will either recover the evidence OR we will be able to tell if you’ve made attempts to permanently delete data. Ultimately, you will be held accountable, so chose your battles wisely.

Digital Private Investigators – Victory Investigations

If you feel that you are in need of a virtual private investigator that is skilled in recovering deleted text messages or other data, reach out to the digital forensics experts at Victory Investigations.

Private investigators are often hired to help obtain evidence of an extramarital affair. Victory Investigations specializes in infidelity investigations and has helped thousands of clients prove adultery in North Carolina.

Infidelity is like a wrecking ball to a family—it can tear down even the sturdiest marriages. While some couples weather the storm, many end up calling it quits, diving headfirst into separation and divorce. But it doesn’t stop there—cheating can also land you in hot water legally, with claims like “alienation of affection” and “criminal conversation,” also known as “heart-balm torts.”

What is Alienation of Affection and Criminal Conversation?

Alienation of affection is a legal concept, within family law, that allows a spouse to sue a third party who is believed to have caused the deterioration of the marital relationship. In essence, it refers to the interference of a third party in a marriage, leading to the loss of love, affection, or marital harmony between spouses.

To prove alienation of affection and criminal conversation, the jilted spouse has to show their marriage was all roses before the affair, and that the paramour’s actions caused the downfall. They can demand damages for everything from emotional pain to financial losses. And get this—even without getting physical, the claim still holds water, though it usually involves some steamy texts or secret meetings.

It is important to note that the term “criminal” is merely used as a label, as this tort is a civil action, not a criminal one.

What Type of Proof or Evidence is Needed to Prove an Alienation of Affection Claim?

How to prove alienation of affection against a defendant.

In order to assert a claim for alienation of affection, a plaintiff must prove that there was genuine love within the marriage prior to the wrongful act of an extramarital relationship. If genuine love and affection can be proven, then it may be possible to sue for alienation of affection. Ways to demonstrate that a loving and affectionate marriage existed could be pictures of the couple, together and showing affection; love notes and/ or diary entries, trips together, and testimony of friends and family.

If the betrayed spouse can establish that the relationship was indeed a loving one, then they can sue a defendant for emotional distress and alienating their spouse from them and seek punitive damages from the paramour. A family law attorney will file an alienation of affection claim on your behalf, within the statute of limitations.

Can a Private Investigator Prove Adultery and Provide Evidence for an Alienation of Affection Lawsuit?

Usually, evidence of the affair can be demonstrated through video and pictures and/ or explicit communications, such as text messages between the spouse and their lover. Often, a private investigator is hired by an individual that believes their spouse or significant other is . The objective is to document the adultery or infidelity, through surveillance activities, with video or pictures of the spouse and the spouse’s paramour. Ideally, the pictures and video should show affection between the spouse and third party (i.e. kissing, hugging, holding hands, etc.). Another crucial piece of evidence that should be obtained is “opportunity“. This would be the opportunity for the cheating lovers to act out on those affections, behind closed doors. Once the spouse and the paramour are demonstrated to be engaged in a sexual relationship, the plaintiff has a case for adultery in North Carolina.

At this point the jilted spouse and their attorney can file a cause of action for adultery and alienation of affection, as they have evidence that the loving marriage was destroyed, through the act of having the affair. The third party, through his or her actions is believed to have deprive the plaintiff of the affections of their spouse.  

Cheating Spouse and Their Lover… Considerations for Liability

A family law attorney in your area may advise not to pursue the defendant for several reasons, but one of the main reasons is that it can be expensive to pursue. It may also be that the defendant does not have the wherewithal to pay compensatory damages as a result of an alienation of affection case. Another consideration may be that the cheating spouse may make extraordinary claims that the marriage was far from perfect and begin angling to defend his or her lover. This can demonstrate that the marriage was perfect in only the plaintiff’s eyes. Which brings us to the defenses of this criminal conversation claim.  

What are Typical Defenses to an Alienation of Affection Lawsuit?

So, you have the evidence of explicit text messages and extensive telephone calls between the spouse and the third party. You have video and pictures of the couple’s love for one another used as evidence. And you know that you had a loving bond with your spouse before the sexual relations began with the third party, BUT all of a sudden your spouse claims otherwise. This is usually due to them coming to the defense of the third party. You may hear objections coming from the other side that the defendant may claim to have had no idea that your spouse was married. Your spouse may even state that they hid their marriage from the third party and they, indeed, did not know of the relationship prior to the civil claim.

Your cheating spouse may state that, although you have been living under the same roof, that you’ve in essence have been living separate and apart by sleeping in separate bedrooms. We’ve also seen where the unfaithful spouse has claimed deprivation of sex from their husband or wife. Economic adultery and controlling claims have also been asserted in defense of a tort of alienation of affection. 

What States Recognize Alienation of Affection?

Can I sue for Alienation of Affection and Criminal Conversation?

There are six states that recognize alienation of affection:  Hawaii, North Carolina, Mississippi, New Mexico, Utah, and South Dakota.

In nearly every adultery case that is headed towards divorce, our clients want to pursue a lawsuit against the third party under North Carolina’s alienation of affection laws. It is a common law that is discussed between clients and their attorneys. Obviously, the harmed party must somehow provide evidence of the affair and must prove the following in order to have a legal claim: The loving marriage has suffered due to the actions of the cheating spouse and third party. The marriage began to suffer when and because of the illicit affair and cause harm to the faithful spouse. The mental anguish precludes the forgiveness and possible reparation of the marital relationship. As a result and due to the alienation of spouse’s affections, the faithful married spouse may be entitled to damages. 

We are NOT attorneys and this article should NOT be considered legal advice. If you are in need of legal advice, reach out to an attorney OR call us so that we may refer you to one.

What A Private Investigator Can Do and What PI’s Cannot Do

Private investigators, or PIs, are hired by individuals, attorneys, or corporations to gather information about people, businesses, groups, or locations. However, they must follow strict rules and regulations to avoid breaking local or state laws and causing undue harm to the Subject’s that are under investigation.

In this article, we’ll explore the roles and responsibilities of PIs, their permissible actions (i.e. what a PI can do and what a PI can’t do), and why their services are often necessary. PIs are skilled professionals who employ innovative techniques to investigate individuals, businesses, or locations, always staying within legal boundaries.

They can be hired for various reasons, such as investigating behavior, monitoring business activities, or uncovering fraud. PIs perform diverse tasks, including background checks, surveillance, providing reports with court-admissible evidence, and locating missing persons. However, they must adhere to state laws and ethical standards to avoid legal issues.

Although PIs gather evidence discreetly, they lack the authority to arrest individuals. They are NOT sworn law enforcement officers. They will, however, present evidence to law enforcement or clients while maintaining confidentiality and legal compliance.

PIs must respect privacy and avoid unauthorized surveillance or data collection, sticking to legal means like field surveillance or accessing public records.

In essence, PIs are essential for gathering evidence within legal and ethical boundaries. Their adherence to guidelines ensures valuable support in investigative matters.

What Do Private Investigators Do?

Private investigators and private detectives perform various services, such as surveillance, GPS tracking of vehicles or other objects, in-depth background research, social media investigations and monitoring, private security or executive protection, service of process and much more. Often times private detectives are specialists. They will chose to specialize in an area of expertise, such as criminal defense, skip tracing, surveillance, or workers compensation fraud investigations. Victory Investigations specializes in infidelity matters, technical surveillance countermeasures and digital forensics. 

Why Someone Hires A Private Investigator.

People hire private investigators for a variety of reasons. The reasoning usually depends on the information or evidence they seek to obtain. A private investigator must navigate the complex web of legal boundaries while conducting their private investigation. For example, a crucial aspect that a licensed PI is well-versed in is understanding when and how they can legally gather information about a person. Laws regarding what investigators can and cannot do vary from state to state. For instance, while it’s critical to know that a private investigator cannot break the law, such as by choosing to trespass on private property without consent, there are grey areas. They can utilize various database resources to find financial information, criminal records, and dig up assets, .

Furthermore, when it comes to surveillance, the rules about what private investigators can and can’t do are stringent. They cannot take photos in private places without the consent of the parties involved. Laws around audio recordings also highlight the differences between one party consent and two-party consent states, which means a private investigator may or may not be able to record a conversation without all parties involved knowing. Of course, this varies by state. Moreover, private investigators cannot hack into someone’s phone records or employ a wiretap without consent, showcasing the fine line private investigators must walk between gathering information and respecting privacy.

However, there are 5 things private investigators…

are proficient at, which include legally gathering vast amounts of information, tracking a person’s activities, conducting background checks, finding missing people, and uncovering potential fraud. These capabilities serve as reasons why individuals and corporations may hire private investigators. It is the precise knowledge of what private investigators can gain access to and the understanding of the limitations imposed on their operations that emphasize the importance of engaging a licensed private investigator. The adherence to legal limits emphasizes that while private investigators are able to provide invaluable services, they are bound by laws designed to protect the privacy and rights of all parties involved.

Can a Private Investigator Arrest Someone?

Private investigators must follow certain guidelines and laws when conducting private investigations. A licensed private investigator may gather information about a person without the consent of all parties involved, as long as there is one-party consent in the state. However, they cannot trespass on private property or break the law in the process.

Private investigators can provide security services, in some states, but they cannot arrest people. Arresting someone can only be done by a sworn law enforcement officer and within their jurisdiction. Even if a private investigator witnesses a crime, they cannot make an arrest. They must inform law enforcement, so that they may take action. Of course, if it is a life or death situation, anyone should act to protect the innocent.

Can Private Investigators Carry a Badge?

Some states allow private investigators to carry badges. Where problems can arise is when, how and where the badge is displayed. It is advised and often dictated that a badge NOT be displayed (in view) in public, by a private investigator or private detective. This is because it can be construed that the PI is attempting to impersonate a police officer or law enforcement official. Big no no. So, one might ask when and how could a badge be used or displayed by a private detective. One example would be, say the private investigator is working in an executive protection capacity or as private security, and a crime is being committed. The PI would, of course, attempt to protect his Subject(s) and contact law enforcement. When law enforcement arrives the badge could be displayed to the police to show that the investigator is one of the “good guys”. In reality, there’s very few permissible purposes for a non-sworn private investigator to display a badge.

Are Private Investigators Allowed to “Spy” on You?

Privacy laws are hotter than a jalapeño on a summer day, and private investigators better be on their toes to stay out of legal troubles with federal law enforcement, the state regulatory departments, and the local law enforcement. You might think private eyes are all about snooping in the shadows like they do in the movies (we do some, btw, the correct ways), but NO trespassing. Let me tell you, that’s a one-way ticket to legal trouble! Everybody’s got a right to their own space, whether it’s their home sweet home, their backyard oasis, or someone else’s private pad. Cross that line, and it’s cuffs faster than you can say “private eye.”

But hey, if you’re out in the open, fair game, right? Private detectives can snap pics and keep tabs on you in public areas as part of their services. Still, they better brush up on their local laws ’cause they don’t wanna end up on the wrong side of the law with their camera in hand. It’s all about playing by the rules when it comes to using those snapshots and recordings for their investigations.

Wiretapping, “bugs”, cell phone monitoring and compromising a persons network or computer is illegal without consent. A PI should not provide these services.

Are Private Investigators Hackers?

Let’s dissect this often misused and misunderstood term, “Hacker” and “hacking”. Virtually anyone can poses the skills and knowledge to perform hacking activities. Private investigators are not hackers, simply by being private investigators. Remember earlier when we mentioned that PI’s may chose to work within a specialty? Same thing here… A private investigator may specialize in certain areas of investigation that demands the knowledge and skills that a hacker would need. For example, penetration testing or pen-testing is a “white hat” hacking activity or service. This is where a company or institution would hire a pen-tester to come in and test the security of their network(s). The private investigator pen-tester would deploy exploits towards the company’s IT infrastructure to see if there are any vulnerabilities and then make recommendations for patching these threats to their security. One does NOT need to be a private investigator to be a penetration tester and vice versa, but they do exist and this is just one example of a type of hacking a private investigator may do. At Victory Investigations, we are a more technology forward private investigation agency, focused on digital forensics and advanced OSINT (Open Source Intelligence) services. We do not perform pen-testing, however, we hold Certified Professional Ethical Hackers (C|PEH) designation. With that said, we do not provide that service, rather we use that knowledge to better serve our clients in regards to their digital forensics needs.

Black Hat Hackers are what most folks think of when they think of hacking. These sorts of hackers do exist and use their knowledge to do harm, usually by stealing proprietary or sensitive data to later use against the person, company, or institution from which they stole the data. People ask us all the time if we, as private investigators, will do something nefarious to gain some insight or knowledge into a competitor of theirs, their spouse, or maybe even a neighbor. Our answer is always the same…. Can we do things like that? Maybe BUT, we won’t. Private investigators in North Carolina are licensed, by the state, and regulated by general statute. We are also bound to certain ethical standards. Now, are there unscrupulous investigators out there? I’m sure there are, but we are not one. Black hat hacking are not things that legitimate and respectable private investigators do. 

Can a Private Investigator Video or Take Pictures Through A Window?

Generally speaking a private investigator can video or take pictures of people in public and from a public position. A PI should not take pictures through a window of a home – to the inside, where a person has a reasonable expectation of privacy. However, anything visible, outside the home, on a deck, in the yard, or even a screened porch would probably be fair game. Private investigators are not allowed to trespass, so their vantage point should be from a public position. What about inside a car or other vehicle? We have taken pictures and video through the windows of vehicles. We have captured affection between adulterers and drug use most often, while filming into a vehicle.

Can a Private Investigator Record Audio Conversations?

Private investigators can record audio conversations that they are a party to, without disclosing that they are recording to the other parties, in North Carolina. With that said, the legalities of audio recording of conversations vary from state to state. Be sure you are following your state’s laws regarding recording conversations, before taking that action. You could get in a lot of trouble AND whatever you record may not be admissible in court. Here is a link that may help you learn about what your state allows:  Laws Regarding Recording Audio

Can a Private Investigator Confidential Banking Information?

No, private investigators cannot legally obtain confidential banking information without either consent or court order. There is certain information that can be obtained, but there must be a permissible purpose to do so. One such permissible purpose would be to obtain asset information for a collection action or child support action. But again, the information obtained would be limited and not include sensitive data.

Can Private Investigators Access Other People’s Social Media Accounts?

Yes. Private investigators access public facing social media accounts and use the information gleaned from posts, comments, and images to assist in their investigations. Private social media accounts cannot be accessed despite popular belief. There are some that will create fake accounts and attempt to befriend their target on social media. However, this practice goes against the terms of service of the social media platforms and information obtained in this way would likely not be admissible.

Are Private Investigators Allowed to Serve Legal Documents? Service of Process Explained.

Yes. Service of Process is a service that is often provided by private investigators. Usually, however, this is only after attempts have failed by the sheriff or other law enforcement. Again, a PI may not trespass to effect service and it is important that the investigator follow their state’s laws regarding serving legal documents or risk the job as being regarded as “improper service”. In North Carolina, an investigator must personally deliver a subpoena, but a summons and complaint can be sub-served or substitute service can suffice. It is always optimal, however, to deliver the legal documents to the specific person(s) named. Many people will attempt to avoid being served and in this situations a private eye is usually called in to assist. A PI will use “wait time” or surveillance to their advantage in order to get the person served. Or they may discover where the person to be served is employed and serve them there. Private investigators do not wear a uniform, so the defendant or person of interest will not suspect a plain clothed person to walk up to them and hand them the documents they’ve been avoiding to receive.

Can a Private Investigator Trespass to Serve Legal Documents?

As mentioned previously, no a private investigator cannot trespass. 

Where Do Private Investigators Get Their Information?

Private investigators have a wealth of resources at their disposal. In addition to these resources, many PIs have become very savvy at obtaining hard to get information, through becoming experts in OSINT. From detailed and advanced queries to accessing the deep and dark webs, investigators can acquire more information than most of the general public. Public databases are fantastic resources, but a lot of people do not know where to look and more importantly how to look or use these sources effectively. There are also databases that someone without a license cannot gain access to. Many p-eyes have access to one or more of these databases. The will include more sensitive data and other credit header information. Do not discount the skills and access that a private investigator can have.