The Tail That Was Too Good
You are running a covert surveillance on a subject suspected of workers'-compensation fraud. The subject claims a disabling back injury but is suspected of working at a family landscaping business. You have a 6-hour window on a Tuesday. Your team: two investigators in one vehicle, one with a long lens. The subject's street is a quiet cul-de-sac with six houses; neighbors are home during the day. The client wants "proof he's working" and has authorized "whatever it takes." Local law permits observation from public space but prohibits trespass and unauthorized recording into private areas. Your vehicle has been parked on the street for 90 minutes when a neighbor approaches and asks what you are doing.
1. How do you handle the neighbor encounter while protecting the operation?
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Stay calm and non-committal. Do not confirm the subject's identity, the investigation, or the client. A brief, plausible, truthful-as-possible statement (e.g., "We're doing some work in the area and taking a break") is acceptable; never lie in a way that creates legal exposure, and never claim to be law enforcement.
Then:
- Note the time, the neighbor's description, and exactly what was said.
- Consider repositioning to a less conspicuous lawful vantage point; a cul-de-sac with six homes and daytime neighbors is a poor fixed-surveillance location.
- Assess whether the encounter has compromised the operation. If the neighbor alerts the subject, the surveillance may be burned; document and decide whether to continue, rotate, or reschedule.
- Do not confront, argue, or attempt to dissuade the neighbor from calling anyone.
Client authorization for "whatever it takes" does not expand legal authority. Trespass and recording into private areas remain prohibited regardless of what the client wants.
2. Design the surveillance plan you should have had, and state what evidence would actually support or refute the fraud claim.
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Plan:
- Pre-surveillance: confirm legal boundaries (public-space observation only), research the landscaping business's location, hours, and vehicles, and identify public vantage points.
- Use a moving/rolling surveillance rather than a 90-minute fixed park in a cul-de-sac; rotate vehicles and personnel.
- Time coverage to the business's actual work hours, not an arbitrary 6-hour Tuesday window. Multiple days beat one long day.
- Document continuously: timestamped notes, video only from lawful public vantage points, and a log of every observation.
Evidence that supports fraud: sustained physical labor inconsistent with the claimed disability - lifting, bending, climbing, driving commercial vehicles - captured on multiple dates, with clear identification of the subject and time/place.
Evidence that refutes or is ambiguous: a single frame of the subject near a truck, carrying a light bag, or standing in a yard. Isolated images prove little and can be misleading.
Deliverable: a factual report with dates, times, locations, and observed activity, letting the client and counsel draw conclusions. Overstating a thin tail is the fastest way to lose the case and the license.