Civil law and procedure, including torts, evidence, and court processes
Torts
Common civil claims against investigators include invasion of privacy, trespass, nuisance, defamation, false imprisonment, malicious prosecution, abuse of process, negligent investigation, and infliction of emotional distress. Invasion of privacy includes intrusion upon seclusion and public disclosure of private facts. Truth is a defense to defamation, but it is not a defense to intrusion. Surveillance from a public place is generally lawful where there is no reasonable expectation of privacy, but trespassing, peering into windows, or using illegal devices is not.
Evidence and court process
Evidence must be relevant, authenticated, and not excluded by hearsay, privilege, or other rules. Business-records and public-records exceptions may apply. Witness statements in reports are often hearsay if offered to prove the truth of the matter. Testify only to personal knowledge. Expect subpoenas, depositions, affidavits, and discovery requests. Prepare by reviewing notes and exhibits, but do not alter originals.
Worked example
An investigator photographs a subject through an open window from a public sidewalk. Using the sidewalk is lawful, but photographing into a home may still be an intrusion if the subject has a reasonable expectation of privacy and the conduct is highly offensive. The safer approach is to record public activity and avoid zooming into private rooms.
Traps
Putting hearsay in a report as established fact is a common error. Do not assume truth defeats a privacy claim. Using pretext to obtain protected records can create civil and criminal liability. Testifying beyond personal knowledge damages credibility and can expose the investigator to perjury or civil liability.