Investigative Techniques and Procedures
Surveillance
Surveillance should be planned with a lawful vantage point, a communications plan, and a time-stamped log. Public streets and open areas are generally permissible; trespass, peering into private spaces, and unlawful surveillance are not. Video recording in a private place can violate Penal Law 250.45. Do not place a tracker on a vehicle you do not own or lawfully control without legal authority. Record arrival, departure, activity, and camera continuity.
Interviews
Identify yourself and your purpose truthfully. Keep the interview voluntary: no blocking exits, threats, promises of leniency, or pretending to be police. Record only with lawful consent; New York generally allows a party to a conversation to record it, but not interception of conversations you are not party to. Take verbatim notes and distinguish what the witness said from what you inferred.
Undercover and skip tracing
Undercover work needs written authorization, a defined objective, safety protocols, and a ban on inducing crime or engaging in illegal conduct. Skip tracing may use public records, licensed databases, and permissible DPPA/FCRA uses. Pretexting for phone records or financial information is prohibited. Do not access DMV or criminal-history data without authorization.
Worked example
A skip trace is stalled. The investigator calls a utility company posing as the subject's roommate to get the service address. That is pretexting and can violate fraud and privacy laws. Lawful alternatives: public deeds, voter files where permitted, court records, licensed databases, and surveillance at a confirmed address.
Traps
Treating one-party consent as a license to record anyone; using an unlicensed database broker; and conducting undercover work without a written plan.