Private Investigations - When Does Surveillance Become Stalking?

Surveillance is a critical skill for any privatepurpose. Even though plaintiff observed the
investigator (PI). In our investigative agency, overinvestigators following him more than once, this is
half our cases, from skip tracing to personalnot a violation of the stalking law." (In summary,
injury, require some degree of surveillance. Forthe Michigan Supreme Court dismissed the lawsuit
PIs who specialize in insurance or infidelityoutright and never allowed it to the stage where
investigations, surveillance can be the bulk of theira trial was held.)
work.Contrast this with a situation where a PI is hired
In our field, sometimes the question "When doesto simply "put the muscle" on a witness or
surveillance become stalking?" arises. To answer,opponent in a lawsuit. Repeated contact in the
let's first analyze the ethics in one's motive forabsence of an information-gathering purpose is a
conducting surveillance. If the performedroad sign indicating the on-ramp to stalking and
surveillance serves a purpose for obtainingillegal harassment.
information that PIs usually obtain, then courts willOther hallmarks of stalking in the eyes of the law:
uphold rigorous surveillance.Use of intimidation.
For example, a few years ago, an individual inVerbal or physical threats.
Michigan sued a PI firm for a violation of theBehavior that instills fear in another.
Michigan stalking law for actions the investigatorsBut surveillance that recognizes and respects
took during an insurance surveillance. The PI firmothers' privacy rights and personal boundaries, and
fought the case all the way to the Michiganis conducted for the sole purpose of gathering
Supreme Court, which agreed with the PI firmevidence, will be upheld by the courts. Like the
that "surveillance by private investigatorsEagles song "On the Border," a PI needs to stay
contributes to the goal of obtaining informationon the border, walkin' the line.
and amounts to conduct that serves a legitimate