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Archive for the ‘Surveillance’ Category

Personal Private Investigator Services

Wednesday, January 1st, 2014

A lot of people think of a private investigator as a guy in a trench coat and fedora staking out a place and spying on spouses on behalf of a jilted lover.  At Cape Fear Investigative Services, we don’t wear fedoras and we do a lot more than skulking in shadows taking pictures of people.  There are three general categories of services that we offer: personal, business and legal.  Below, we’ll focus on some of the personal investigative services that we provide.

Personal Investigative Services

Personal investigative services are performed for private individuals.  The most commonly thought-of service is the infidelity investigation, where we try to determine if one spouse is cheating on another and provide solid proof of the fact.  We do a lot more than just that, however.  Below are some of the person investigation services we commonly provide.

  • Alimony Surveillance Investigation – If you’re paying alimony and think your ex may have a new companion who is helping pay the bills, or they’re helping pay the bills for their new companion, we can get the evidence you need to reduce or stop your alimony payments.
  • Background Checks – There may be times in your life when you need to find out more about someone in your life, whether it’s someone you’ve begun getting serious about or someone in your child’s life.  We can make sure the person is who they say they are.
  • Child Custody Investigation – If you’re separated or divorced from your spouse and you’re worried about the new person your ex is bringing into your child’s life, we can set your mind at ease or get the evidence you need to let the authorities know that your child is not in a safe situation.
  • Civil Case Investigation – This covers a wide range of incidences, from needing to prove a neighbor’s harassment to helping reclaim property that you can’t get returned.  If you’re having a hard time getting the authorities to take an interest, we can help.
  • Criminal Case Investigation – We are experienced in working indigent criminal cases for attorneys.  If you’ve been accused of a crime or are trying to prove a crime, including homicide, rape, robbery, assault, identity theft larceny or more, we can help find the evidence you need.
  • Missing Persons – Whether a person has gone missing on purpose or accident, or you just want to reconnect with someone from your past, we can help discover where they are now.

If you’re in need of any kind of personal investigation service, give Cape Fear Investigative Services a call at (910) 762-4374 to get peace of mind, because peace of mind is priceless.

Tips for a Successful Divorce Case with a Cheating Spouse

Wednesday, November 28th, 2012

When you want to find the best help for your divorce case, you want to be sure that you are going about getting this help in the right way. You will want to get help with the case before you even know for sure if your partner is cheating or if the divorce is actually going to happen. Here we will talk about why this is and how to do it successfully.

Cheating Partners: Things to Look For

No one knows your partner/spouse better than you do. If you suspect that your partner/spouse is cheating DO NOT TELL THEM. Listen to that “gut feeling” and start paying special attention to what, where and why. Where are they going? Is it for work?  Is it normal for them to go there? Why are they going there? Is this a normal excuse? What is it that they tell you they have to leave and go do? Is this a normal thing they do for work and is this the normal time they usually go and do it?  Did your spouse usually have their cell phone just lying around just like yours, but now you don’t see it lying around anymore? Is it always close by them now? Does it have a lock on it now? Some of these are just little things that you might see, but have never really thought about before. The most important thing to pay attention to is that “gut feeling” and call the professionals at Cape Fear Investigative Services, Inc. to get you what you need.

Cheating Partners: Getting Evidence

Getting your evidence can extremely difficult if you try to do it on your own. You will want an impartial witness for you to conduct the surveillance to get you what you need to prove your case. Hiring a private investigative company to do this is relatively easy as there are many companies all over the US. Here in Wilmington, NC alone there are approximately 35 different PI companies. Cape Fear Investigative Services, Inc. is one of the largest and most experienced. We know what works and will get the surveillance done for you.

Finding Lawyers for Divorce Cases

In North Carolina you don’t have to get video of a sex act to prove infidelity. You should meet with a family law attorney and find out exactly what you can and cannot do if you suspect infidelity and find out what your rights are.  Once you have proof that your partner/spouse is cheating, the attorney you chose will consult with you on your best course of action.  Cape Fear Investigative Services, Inc. is experienced in infidelity cases and can point you in the direction to finding the attorney that is right for your case.

Remember, we at Cape Fear Investigative Services, Inc. are committed to the success of our cases and we strive for excellence in every case we do. No case is the same and we always think “outside the box” to come up with a game plan for our clients.

Child Custody: What to Do When You Suspect Your Child is in an Unsafe Environment

Wednesday, November 28th, 2012


Child custody is a hot topic for many parents and it can be a heartbreaking thing to go through. Taking a child away from a parent is a horrific ordeal for both parents and the child. Divorce has become a part of life for lots of people and seems to be a growing trend. As parents, we have to make it as easy for the children as possible. We want them to know that they are loved by both parents. It is still, however, our duty as parents to make sure that our children are safe when they go and stay with the ex-husband or -wife and that they are in a safe environment.

Finding Out the Truth

It is common to be worried about your child’s safety with your ex if you had a bad relationship or if another person has come into the life of your child. Who is this person staying with your child? What kind of person are they? Are they addicted to drugs? Are they an alcoholic? Are they violent? These are responsible and adequate concerns. By hiring a private investigative company like Cape Fear Investigative Services, Inc., you can find out whether or not your child is in a safe environment when they are with your ex. Whether it’s a thorough background check or surveillance work, our team can help you gain the peace of mind that your children are safe when they are away from you.

Remember that we are experts and are very experienced in investigating people in child custody cases.  We can help you confirm whether the fears you have over your child’s safety are founded or not.

Finding Legal Assistance

Depending on what is discovered during this investigation of the ex, you will be able to determine what kind of legal help you require. Cape Fear Investigative Services can find legal representation with experience in child custody cases in order to help keep your children safe.

The safety of all children is of utmost importance. If you feel that “something’s just not right,” give us a call and we’ll discuss your “gut feeling” and come up with a plan that will help give you that peace of mind.

Insurance Investigations

Tuesday, March 15th, 2011

Fraud costs billions

Insurance Fraud

Here at Cape Fear Investigative Services, Inc, we can investigate deep into potential false workers compensation claims by conducting background checks, uncovering any suspicious activity involving the claimant and/or family members and review any previous medical records.  Each case is individual and may have many different levels of investigative techniques involved. These techniques by experienced investigators may consist of surveillance, conducting neighborhood canvases, medical searches, accident reconstruction, interviewing the claimant and witnesses and comparing statements or compiling and reviewing financial and asset records.
While there are many legitimate claims from injuries that do require long term care, thousands of insurance claims filed each year are questionable and potentially fraudulent. Many of these claims are just paid out by insurance or privately self insured companies due to time constraints or pressure from outside adjusters or attorneys to settle the claim quickly. Hiring Cape Fear Investigative Services, Inc. to assist the insurance adjusters, SIU or HR departments can help to produce evidence that will be admissible in court and persuade the parties involved that the claimed injuries are not as they were reported. Well documented reports and video over a period of time cannot be disputed. Life and disability fraud, property damage fraud and theft, embezzlement, false statements and other insurance related crimes are occurring every day. If you suspect any fraudulent activity within your company or with a claimant we are available to assist you. Call 910-762-4374 to speak to an investigator.

 

Spousal Spying: Watch Out If You Are Watching Your Spouse

Monday, May 24th, 2010

From Rice Family Law

Introduction to Spying

When it comes to spying on one’s spouse, be careful what you wish for – not only may it destroy your marriage, you may expose yourself to criminal and civil liability.

If you must spy on your spouse, educate yourself on the laws of your jurisdiction and the federal laws on the topic; knowing when you are under the purview of the state, federal, or even common law is extremely important as it vastly affects how and to what extent you may spy on your spouse. The safest course of action is to seek legal advice from a licensed attorney before you spy. And hire a licensed and respected private investigator instead of conducting your own surveillance.

The law treats government spying and individual spying differently .

There are differences in the law’s treatment of surveillance based on who is doing it. Generally, the law is more restrictive regarding government/ law enforcement spying than then it is when private individuals are doing the surveillance and even less restrictive for parents monitoring their minor children. However, many boundaries still exist regarding private individuals, and some spying could leave individuals open to being sued civilly or charged criminally in some circumstances.

Criminally, several charges could be levied against someone for spying on another person, including, trespassing or federal wiretapping charges. These are serious crimes and one could face imprisonment and be required to make financial restitution. Tortious Invasion of Privacy and other Civil liability could apply.

Tortious Invasion of Privacy by Intrusion

North Carolina recognizes an action based on an invasion of privacy by intrusion. Invasion of privacy by intrusion is defined as “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.” North Carolina does not recognize a cause of action for the invasion of privacy by disclosure of private facts or invasion of privacy by placing a plaintiff in a false light before the public.

Specific examples of intrusion include “physically invading a person’s home or other private place, eavesdropping by wiretapping or microphones, peering through windows, persistent telephoning, unauthorized prying into a bank account, and opening personal mail of another.”

In other words, certain areas may be off-limits to even a spouse. For instance, a video camera installed in a bathroom may be tortious as a reasonable person would likely find it “highly offensive” even in the context of a marriage. No cameras or audio recorders should be employed in a toilet area, shower area, or bedroom area of a spouse.

Interception of oral communications and electronic communications

In North Carolina N.C. Gen Stat. § 15A-287(1)(a) states:

1.Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if, without the consent of at least one party to the communication, the person:

1.Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.

2.Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1.The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communications; or

2.The device transmits communications by radio, or interferes with the transmission of such communications.

3.Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through violation of this Article; or

4.Willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this Article.

Consent by at least one party to a conversation is required before recording a conversation between people. In North Carolina, if you are a party to the conversation, you may consent to your conversation being recorded but you cannot record a conversation to which you are not a participant. Therefore, you cannot legally record a call between your spouse and another person without at least one of them consenting to the recording – even if the conversation is between your spouse and your child. If one person is in another state and not in North Carolina, it may be illegal to record the conversation. Many jurisdictions, including North Carolina, have recognized that parents may vicariously consent on behalf of their minor children to the interception of their conversations. A custodial parent may vicariously consent to the recording of a minor child’s conversations, as long as the parent has a good faith, objectively reasonable belief that the interception of the conversations are necessary and in the best interest of the child. The doctrine of vicarious consent has been applied to parental eavesdropping on conversations between the other parent and their minor children and third parties such as a babysitter or nanny. You must use extreme caution before taping any conversation and we strongly recommend you speak with a licensed attorney to fully understand your rights and responsibilities.

Silent covert video surveillance

Only oral communications are covered by N.C. Gen Stat. § 15A-287(1)(a), and thus, videotaping of a spouse without an audio recording would not be a violation of state and federal wiretapping laws.
Video surveillance by private parties, does not implicate the Federal Constitution’s Fourth Amendment. In, State v. Diaz, 308 N.J. Super. 504, 706 A.2d 264 (App. Div. 1998), it was held that the actions of a child’s parents in contracting with a private company to install audio-video surveillance equipment in their home, for the purpose of observing a babysitter who they suspected of abusing the child, did not implicate the federal or state constitutions, because the allegedly unlawful videotaping was performed by private individuals and not by the government or its agents and the parents vicariously consented to the audio capture on behalf of their child. The denial of the babysitter’s motion to suppress the videotape from evidence, at her trial for aggravated assault and endangering the welfare of a child, was affirmed.

The acquisition of an image is not an interception of a wire or oral communication because the contents of a conversation are not captured. Video surveillance is not the interception of an electronic communication because there has been no interception of the image while it is being transmitted. The audio portion of a videotape is an oral communication and would be subject to the rules discussed above.

However, remember the rules stated above regarding tortious invasion of privacy. Placing a video camera in a private place like the bedroom or the bathroom could still expose you to civil liability.

GPS tracking of a private vehicle

Electronic tracking devices do not “intercept” contents of any wire or aural communication and because the vehicle is traveling on public roads in view of everyone who passes, there is likely no intrusion upon the solitude or seclusion of another or his private affairs or concerns and it also likely not to be offensive to a reasonable person. If the vehicle is titled in your name and it has not been sequestered by contract or court order in favor of your spouse, there appears to be little concern over placing a GPS tracker on the vehicle. Placing such a device on a vehicle that you do not have an ownership interest in, however, could be a trespass to chattels and you could be liable in tort for financial damages. Always consult a licensed attorney before taking any action.

Email / Internet

If you are still living with your spouse and you are not separated, then when considering other forms of communications such as email communications and the like, the key is: whether your spouse has an expectation of privacy that could be invaded. Even if your spouse previously gave you their email password or computer password, they may still have an expectation of privacy and violation of that privacy could open you up to criminal and/or civil penalties. Ask yourself; for what purpose did my spouse give me his or her password? Do not exceed the scope of that purpose. The use of certain programs like spyware, keystroke recorders may be permissible or illegal depending on the technology employed by the software and whether you continue to live with your spouse.

Once separated, access to your spouse’s email without permission is likely a violation of federal and state wiretapping laws even if you had permission prior to the separation.

Conclusion

The most important thing to remember is that any surveillance must be legal, reasonable, and not overly intrusive. The status of the parties (e.g., separated or not, minor child or spouse) and the facts surrounding the type of surveillance will affect the legality and permissibility of it. Criminal penalties including jail time and civil financial penalties may be assessed for illegal and improper activities. Some surveillance may be legally conducted by a licensed private investigator for which an unlicensed individual could face sanctions. This area is fraught with such significant and serious risk both financially and to your very liberty, that you absolutely must develop a plan with your attorney before taking any action.

Author’s Note: This article is in no way meant to be a comprehensive analysis of privacy law or surveillance of a spouse. The Purpose of this article is to impress on the non-lawyer who may read it, the importance of considering all aspects and consequences of their actions and to outline generally some commonly unknown consequences of such for those who may be unaware. The reader interested in learning more should contact their attorney or perform additional research as more than anything this article should promote the commencement of a thorough discussion of these matters.