Surveillance Photos & Privacy-What Is The Law

  Most private investigators conduct surveillance (see wikipedia surveillance) in various types of cases.  Probably the two most common types of cases needing surveillance are divorces and workers compensation cases.  Surveillance may play a role in many types of cases from crimes to background investigations.  

In a normal case, a private investigator will plan and organize a surveillance before actually going on site to begin.  To conduct a professional surveillance, the investigator must identify the subject, gather background information (names, addresses, car registration, friends names & addresses, hobbies etc), visit and map out the surveillance site, determine the best time and place for the job, check out equipment making sure it works, provide backup equipment and batteries and gather the essentials to carry while on the job.

In most cases, the investigator records the surveillance with digital photography, either still or video.  In every surveillance, the professional investigator will know and observe federal and state laws relating to a person’s privacy.  For example, in Virginia there is a law against stalking.  VA Code 18.2-60.3.

The stalking statue prohibits engaging a person and placing the person in reasonable fear of death, criminal sexual assault or bodily injury.  The law provides an exception for law enforcement officers and private investigators licensed in Virginia.  The knowledgeable Virginia private investigator knows that his or her surveillance will not violate the stalking statute. 

In addition, Virginia has a statute prohibiting the unlawful filming, videotaping or photographing of another person (VA Code 18.2-386.1).  One of the principles of the statute is to protect ones reasonable expectation of privacy.  Under this statute, it is unlawful to photograph someone, without their consent, if the person is in a dressing room, bathroom, bedroom, or some other location where one expects privacy. 

So, it appears that surveillance photos are within legal parameters as long as such photos or video do not violate a person’s reasonable expectation of privacy.

Thanks to Legal Andrew.com we have some references to more reading on a photographers right to take photos, see Bert Krages Article, an article by Bert Krages, Portland attorney, and his book Legal Handbook for Photographers.

In the meantime, keep taking snaps legally.

Bill Lowrance

President PIAVA

Information Insights Inc., McLean, VA

US Supreme Court Rules In VA Case–Search & Seizure

From VA Lawyers Weekly

The Issue: “Whether VA police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law.”

A unanimous U.S. Supreme Court ruled today that the illegality of a search under Virginia law does not require the suppression of evidence seized during the search.

Writing for the court in Virginia v. Moore, Justice Antonin Scalia said in that the high court long has held that probable cause to arrest justifies a search. Virginia is free to make exclusion of evidence seized in violation of Virginia Code Sect. 19.2-74(A)(1) a remedy for an arrest that is illegal under state law but allowed by the Fourth Amendment, Scalia said. The state has not done so, however, and the Fourth Amendment cannot be used as a remedy for an act that does not violate the constitution, he wrote.

The case from Portsmouth involved the arrest of David Lee Moore on a charge of driving without an operator’s license, a misdemeanor for which state law required his release on a summons. Although the attorney general’s office conceded that he was arrested in violation of state law, it contended that the search did not violate the Fourth Amendment because police had probable cause to search Moore. The search produced 16 grams of crack cocaine and $516 in cash. Moore was sentenced to 3 1/2 years in prison.

Bill Lowrance

President PIAVA

Information Insights Inc., McLean, VA

Laptop Subject To Warrentless Search

  A federal appeals court, the 9th Circuit Court of Appeals, ruled that a search of a laptop computer’s hard drive and contents is acceptable under the fourth amendment of the US Constitution even if special agents with the Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) had no reasonable suspicion of a crime or criminal activity. 

The unlucky defendant in this case arrived at LA International Airport after a twenty-four hour flight from the Philippines.  A Customs and Border Patrol (CBP) officer saw the defendant standing in line and asked him where he traveled and the purpose of his travel.  The guy told CBP that he had been in the Philippines for three weeks visiting friends.  CBP found a laptop, flash drive, separate hard drives and several compact discs in his luggage.  Unfortunately for this guy, CBP booted the laptop and found a couple of files on the desktop labeled “Kodak Pictures” and “Kodak Memories.”  Being curious, the CBP officer opened the files finding images of what they believed was child pornography.

ICE agents were called in and they questioned the guy and examined his laptop for several hours.  ICE seized the laptop and equipment, but let the guy go on to his destination.  Two weeks later, he was indicted by a federal grand jury for various interstate child pornography charges.

The defendant argued reasonable suspicion was required to search his laptop at the border because it is distinguishable from other containers of documents based on its ability to store greater amounts of information and “its unique role in modern life.”   He argued that “laptop computers are fundamentally different from traditional closed containers,” and analogizes them to “homes” and the “human mind.” Arnold’s analogy of a laptop to a home is based on his conclusion that a laptop’s capacity allows for the storage of personal documents in an amount equivalent to that stored in one’s home. He argues that a laptop is like the “human mind” because of its ability to record ideas, e-mail, internet chats and web-surfing habits.

This was a great legal argument, but to no avail.  The Ninth Circuit did not buy it and correctly set out the law of border searches.  Almost anything goes except some bodily instrusions, but not all.

The lesson learned is “do not break the law” and more importantly know that your laptop or other storage devices are subject to search when coming into the US from overseas.  In fact, the courts have ruled that you must turn over any password to allow a search.

Read the opinion Click Here

 Read a summary of the story and case Here at Law.com

Bill Lowrance

President PIAVA

Information Insights Inc., McLean, VA

DHS Contracts?

Congressman Bennie Thompson, D-MS, is chair of the House Committee on Homeland Security.  Congressman Thompson is publishing a newsletter on information for contracting opportunities with DHS.

He states:

In this edition of the newsletter, you will find information on existing opportunities with the Department,
the Small Business Innovation Research Program (SBIR), and the Homeland Security Advanced Research Projects Agency (HSARPA).

 

I began this newsletter to alleviate the gap that exists between the need for information about opportunities available at the Department and the ability to locate and disseminate that information in a timely and user-friendly manner.  Similarly, my experience has taught me that the gap between need and ability also affects businesses in their quest to interact with the Department. A small business owner may have a concept for a product that will address an important homeland security need, but lack the resources necessary to bring
the product on-line. A large company may not have developed the original concept, but may possess the resources necessary to transform a prototype into an available product. The gap between concept and production can be bridged by providing each party with the type of information they need to create a product that fills a critical need.

This newsletter is intended to bridge the gaps that keep information unavailable, sidelines worthwhile businesses, discourages full participation, and permits vulnerabilities to continue.

DHS Newsletter April 08

DHS Newsletter March 08

Thanks to bespacific for this tip.

Bill Lowrance

President PIAVA

Information Insights, Inc. McLean, VA

How To Find People Via Internet

del.icio.us Tags: people,information,research,find people,private investigators

Many private investigators, amateur & professional, spend many hours looking for people.  Professional investigators need to find witnesses for court cases, adoptions, heirs and many other reasons. 

Many individuals look for old friends, classmates, or other people they knew in the past.

Here is an interesting web site by Marcus Zillman giving many resources on the Internet for Finding People.

While you explore the finding people site, check out his Virtual Private Library™.

This is another information source worth exploring.

More posts will come up today, I hope.

Bill Lowrance

President PIAVA

Information Insights, Inc. McLean, VA

Social Networks–Almost Everything You Want To Know

This is a great article about social networks. by Nelson Doyle, a high tech blogger.  Learn all you want to know.  BTW, research in social networks often turns up much needed information for investigators.  Click here: Social Networks

Also, check out social networks “bookmarking” groups at Social-Bookmarking Communities

Bill Lowrance

President PIAVA

Want Your Attorney To Fight For You

  When and if any of us get to a situation in which we need a lawyer, how do you choose one?  Of course, you want an attorney that will represent your interests and fight for you.  In Oregon there are at least two attorneys who will fight for their clients.  You can read the whole story here: Oregon Live Story 

The first few lines of the story are:

“There are plenty of fights between attorneys in the Multnomah County courthouse every day, but rarely do they include actual blows.

That’s why jaws dropped last week when two attorneys duked it out in a first-floor hallway in front of a crowd of spectators, including a few county sheriff’s deputies and Portland traffic cops.

Attorneys David Lawrence and Aaron Matusick had been in landlord-tenant court Thursday for a hearing and began shouting at each other when they left the courtroom, according to witnesses and officials who investigated the fight.”

Hey, that’s my lawyer!

Bill Lowrance

President PIAVA

 

Canadian Federal Government Databases

  Do you need to research anything about our Canadian friends?  Check out this site for Canadian Federal Government sites available on the Web.

Click Here: Canadian Federal Government Sites

Bill Lowrance

President PIAVA

Information Insights Inc., McLean, VA

Surveillance Symposium–Univ. of Chicago Law Review

 

Surveillance Symposium: University of Chicago Law Review, published Winter 2008

Read legal, scholarly articles on privacy, surveillance, data mining and the law. 

Click Here: Univ. of Chicago Surveillance Symposium Articles

Bill Lowrance

President PIAVA

Information Insights Inc., McLean, VA

Fingerprint Evidence–Admissible?

   LLRX.Com, llrx.com, has posted a very good article on new legal challenges to fingerprint evidence.  The article is by Ken Strutin (JD, MLS) who is an experienced law librarian, criminal defense attorney, and well-known writer and speaker.  Mr. Strutin is the Director of Legal Information Services at the New York State Defenders Association.

He lists many legal resources, case law and fingerprint standards located on the Web.  The next time you are confronted with potential fingerprint evidence think about admissiblibity of such evicence.

Click here Fingerprint Evidence

See a counter view at Reliability of Fingerprint Identification

Bill Lowrance

President PIAVA

Information Insights Inc., McLean, VA

Competitive Intelligence–The Best Guide

  Sabrina Pacific, publisher of llrx.com, recently updated her “Competitive Intelligence – A Selective Resource Guide.”  The Guide has links to dozens of research areas from search engines to webstie trackers.  If you do research to find information on the internet, check this out: CI Guide

Bill Lowrance
President PIAVA
Information Insights Inc., McLean, VA

Criminal Records Research

  One of the best public records online search systems is SearchSystems.net.  We have a link to Search Systems in the left column.   Search Systems says it has the “largest, most up-to-date and reliable directory of public records and best resource for background checks and criminal records on the Internet. Online since 1997 and ranked Number for public records since 2001, SearchSystems.net continues to be by far the best resource of business information, corporate filings, property records, deeds, mortgages, criminal and civil court filings, inmates, offenders, births, deaths, marriages, unclaimed property, professional licenses, and much more. Easy access to billions of records!”

Recently, Search Systems put up a Criminal Records Search Guide on its web site.  See Criminal Records Search Guide. 

The Guide contains a lot of good information about criminal records such as how and where you find them, catagories of records, searches for records and the truth about a national criminal records search.  If you need to search a lot of public records, sign up for a SearchSystems.net account.

Bill Lowrance

President PIAVA

Information Insights Inc., McLean, VA

 

Insurance Fraud Investigations–April 19

  PIAVA member and vice president, Ed Hruneni, vice president of Investigative Services, American Security Programs, is having a private investigator continuing education program on investigating insurance fraud.  PIAVA member, Ken Mitzkovitz of Detect Inc. in Alexandria, VA, will present a two hour program in his speciality–insurance fraud investigations.

Ken has over 22 years of investigative experience primarily related to insurance investigations.  Ken will also give great tips on conducting a surveillance in insurance investigations.  Attend this program and learn how to prepare a fraud investigation.

The program will be on Saturday, April 19, 2008, 10 a.m. until noon, at American Security Programs, 22900 Shaw Road, Dulles, VA 20166.  The cost is $35 per person.  To register call 703 834 8900 or email hr at securityprograms.com.

See   insurance-investigations flyer.

Also see “Red Flags” of Insurance Fraud Insurance Fraud–Red Flags

Bill Lowrance

President PIAVA

Information Insights Inc.,

McLean, VA

 

 

 

Tax Changes 2008

  Ann Fourt, excellent PIAVA member and CPA, outlines tax changes for 2008.

There have been a number of changes in the tax law for 2008 that business owners and private investigators  should be aware of. The following allowances or limits have changed beginning January 1, 2008:

The tangible property expense allowance (Section 179) dollar amount for assets purchased and placed in service during calendar year 2008 is increased to $250,000. This is an economic stimulus measure and dollar limit applies only to 2008 assets placed in service for business use. Section 179 is not applicable to automobiles or trucks and vans, but is available for most other tangible assets, such as furniture, computer equipment, cameras, microphones and surveillance gear, or other gear.

For calendar year 2008 only, there is a special first-year depreciation allowance totaling $10,960 for automobiles and $11,160 for trucks or vans purchased and placed in service in calendar year 2008.

The standard mileage allowance for business use of an automobile in 2008 increased to 50.5 cents from 48.5 cents in 2007. Be sure to keep contemporaneous records of your business and personal use mileage as your accountant will need to know the total mileage driven for each vehicle as well as the business mileage.

The self-employment earnings ceiling for Social Security tax is increased to $102,000 in 2008, breaking the $100,000 threshold for the first time. There remains no earnings ceiling on the Medicare tax.

Homeowners who lose a home to foreclosure in 2007, 2008 or 2009 may qualify for relief under the Mortgage Forgiveness Debt Relief Act of 2007. This Act allows taxpayers to exclude income from the discharge of indebtedness on their principal residence that would otherwise be taxable. Lenders report the fair market value of the house and the amount of debt forgiven to the borrower and the IRS on Form 1099-C. Debt reduced through mortgage restructuring as well as debt forgiven in connection with a foreclosure qualifies for this relief. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if a married taxpayer files a separate return). Form 982, which the IRS began accepting electronically on March 3, is used to claim the exclusion benefit. The rules are complicated, so consult your tax advisor for further information.

Bill Lowrance

President PIAVA

Information Insights Inc.

McLean, VA

Surreptitious Sampling–Your DNA

  Ever had the feeling someone is following you?  It could be law enforcement agents or private investigators wanting to collect your DNA.  The police are “surreptitiously sampling” DNA from targeted suspects.  They will place the individual under surveillance waiting until the person throws away a DNA sample.  The sample could come from a discarded coffee cup, soda can, cigarette or Kleenex.  The police will collect the sample and extract the DNA comparing it to an unsolved case in which the individual may be a suspect.

“Police can take a DNA sample from anyone, anytime, for any reason without raising oversight by any court,” said Elizabeth E. Joh, a law professor at University of California, Davis, who studies the intersection of genetics and privacy law. “I don’t think a lot of people understand that.”

Read the entire NY Times Story here.

All You Want To Know About Taxes

  PIAVA member Ann Fourt, a CPA, private investigator and all around smart person, summarizes and gives quickly digestible information about the Economic Stimulus Act of 2008. Do you have questions about how much $$$$ the government will send you for nothing? Do you want to know when you will get your $$$$$?

The Stimulus Payments – Things to Keep in Mind
Most of us have heard quite a bit about the Economic Stimulus Act of 2008. Over 130 million American households will receive stimulus payments beginning in May 2008. Retailers are already planning how to get us to spend it with them.

The basic outline of the program is that single taxpayers may receive a payment of $600, if their adjusted gross income (AGI) is no more than $75,000. The payment phases out by 5% for AGI exceeding $75,000 (for a taxpayer with no children, that means the stimulus payment goes to zero at $87,000 of AGI).Married taxpayers may receive a benefit of $1,200 if their AGI is no more than $150,000, subject to the same phase-out of 5% for AGI exceeding $150,000.

Taxpayers with children under age 17 at 12/31/07 may receive an additional $300 per dependent. Thus, for example, a married couple with two children under age 17 with AGI of $160,000 can still look forward to receiving a stimulus payment of $1,300.

Rather than trying to remember all these rules, you can take advantage of an online calculator that the IRS has created on its Web site that asks you for the relevant information, and then estimates what your stimulus payment will be. The online calculator is at IRS Calculator

You must file a 2007 tax return with the IRS to receive the stimulus payment, even if you owe no tax or are not required to file. You must have at least $3,000 of qualifying income (need not be taxable income), such as wages, self-employment income, nontaxable combat pay, Social Security benefits/Railroad retirement benefits, or veterans’ payments. The IRS has announced the timetable for the stimulus payments. Taxpayers who use direct deposit for their 2007 tax return refund will receive their stimulus payment up to two months earlier than those who do not.

For tax returns filed by April 15, 2008, taxpayers who specify that their 2007 tax return refund is to be direct deposited into a bank account will receive their stimulus payment the fastest, based by Social Security number as follows:

Last Two Digits of Social Security Number:	Stimulus Payment Deposit to your bank by:
00-20	May 2, 2008
21-75	May 9, 2008
76-99	May 16, 2008

If you will be receiving a paper check stimulus payment (see below for further on this), the following timetable applies:

Last Two Digits of Social Security Number:	Stimulus Payment Paper Check in the Mail by:
00-09	May 16
10-18	May 23
19-25	May 30
26-38	June 6
39-51	June 13
52-63	June 20
64-75	June 27
76-87	July 4
88-99	July 11

Some things to keep in mind about the stimulus payment:

      

 

 

• If you select direct deposit for your 2007 income tax refund, the stimulus payment will automatically be deposited into that account.
• If you do not request a tax refund by direct deposit on your 2007 income tax return, you will be sent a paper check.
• If you’ve moved since filing your 2007 tax return, notify the IRS of your new address with Form 8822.
• Even if you are not due a refund on your 2007 income tax return, filling out the bank account information will allow your stimulus payment to be direct deposited to your bank account.
• If your 2007 income tax refund is to be direct deposited into an IRA account, your stimulus payment will be deposited there too.  Be careful with this!
• If you use direct deposit for your tax return refund and your bank account information later changes, typically the stimulus payment direct deposit will be rejected.  After the IRS receives a rejection notice, the payment will be converted to a paper check and mailed to you.  This will delay your receipt of the payment.
• If you choose direct debit to pay your 2007 tax bill, the account information will not be used for the direct deposit of the stimulus payment.  You will receive a paper check for your stimulus payment.
• If you used direct deposit to split your 2007 income tax refund between several accounts, you will not receive your stimulus payment by direct deposit; instead, you will receive a paper check.  This will delay your receipt of the payment.
• If you received a Refund Anticipation Loan (RAL) from your tax preparer, you cannot receive your stimulus payment by direct deposit and instead will get a paper check.
• If you owe a balance due on your 2007 tax return that is less than the expected stimulus payment, you cannot use your economic stimulus payment to offset the balance due on your tax return.  If you delay payment of the tax balance due, penalties and interest will accrue between April 15^th and the date the balance due is paid, regardless of the stimulus payment.
• If you did not qualify for a stimulus payment based on your 2007 income tax return, you may qualify for a payment in 2009 based on your 2008 tax return.  The 2008 tax return instructions will include a worksheet to help you determine if you can obtain a benefit when you file your 2008 tax return next year.
• If you have outstanding balances due from other tax years or for other obligations (such as child support), part or all of the stimulus payment may be used to pay past-due federal or state income taxes or non-tax federal debt such as student loans or child support.  If this occurs, you will receive a letter explaining how the stimulus payment was applied.
• The IRS will be sending taxpayers two explanatory notices regarding the stimulus payment.  The first notice will inform recipients that the IRS is preparing to disburse payments beginning in May; the second notice will inform the recipient how much to expect in payment and when it should arrive.

 

 

 

Posts Are Up

  Now is the time to resume posting to the Private Investigators Association of Virginia’s Blog. I was away from blogging facilities in the past week, and I was busy organizing 3rd and 4th graders in counter insurgency tactics.  Needless to say, they did not need much instruction.  They were made for it.

I will post a lot of information in the next few days including tax tips, fraud investigations, mortgage fraud and some tech tips on private investigators equipment. Stay tuned.

Bill Lowrance

President PIAVA

Information Insights Inc. 

McLean, VA