Surveillance, Photography, and Information Gathering
Surveillance and photography questions test the line between lawful observation and intrusion. The exam emphasizes public vantage points, reasonable expectations of privacy, harassment, and documentation.
Lawful surveillance
- Observe from public places and areas where you have consent or legal authority.
- Do not trespass, climb, use false credentials, or enter private property without permission.
- Do not use a long lens or drone to capture the interior of a home or other private space where a person has a reasonable expectation of privacy.
- Avoid persistent following, blocking, or conduct that would alarm a reasonable person; stalking and harassment laws apply.
- Do not intercept communications or install tracking devices without consent or legal authority.
Documentation
Record date, time, location, weather, camera settings, and a narrative of observations. Preserve original files. Identify persons by description and basis, not guesswork.
Worked example
An investigator photographs a subject from a public sidewalk as the subject enters a restaurant. That is generally permissible. If the investigator uses a telephoto lens to photograph through the subject’s living-room window, the analysis changes: the home interior carries a strong expectation of privacy, and the intrusion may violate privacy law and board conduct rules. The location of the photographer is not the only question; the target of the image matters.
Traps
- Assuming “public street” always means “anything goes.”
- Posting surveillance images on social media.
- Following a subject onto private property after being told to leave.
- Using a drone over private property without checking federal and state limits.