Twelve Hours, a Jointly Titled Truck, and a Drone
A workers' compensation carrier retains an investigator to document a claimant's activity level before a hearing in 30 days. The claimant has been seen mowing a large lawn and carrying heavy bags. The client wants 'something solid' and authorizes 12 hours. The investigator plans to attach a magnetic GPS unit to the claimant's pickup at 2 a.m. while it sits in his driveway. The truck is registered jointly to the claimant and his wife, who is not a party. The investigator also plans to launch a drone from a public street and hover at 60 feet over the claimant's fenced backyard, and to look through the truck bed and open the toolbox there for work receipts. The only paperwork is a generic services agreement with no surveillance addendum.
1. Analyze the GPS placement as planned. What facts drive the analysis, and what should the investigator do instead?
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The facts that matter: the truck is jointly titled to the claimant and a non-party spouse; the carrier has no ownership interest; no written authorization exists; and the attachment is planned at 2 a.m. in a driveway.
- The 2 a.m. driveway approach is the biggest problem. It requires physical contact with the vehicle in an area close to the home, at an hour with no innocent explanation, creating confrontation, trespass, and possible tampering allegations.
- Joint title is not consent. A co-owner's consent, even if you had it, is contested in many jurisdictions, and the carrier is a stranger to both owners. The spouse is a non-party, so tracking her movements creates a separate privacy exposure that has nothing to do with the claim.
- Authority varies widely - some jurisdictions require owner consent or a court order, others focus on whether the vehicle is in public. This is exactly the question to put to counsel in writing, by jurisdiction, before installation, not after.
Recommended course:
- Do not install at the residence or at night.
- Get written consent from a registered owner, or a court order, or counsel's written sign-off on the specific jurisdiction - otherwise do not install at all.
- Do not sign a report or invoice implying authorization you do not have.
- Alternative methods: stationary and mobile surveillance from public places, public social-media review, subpoenaed records, and lawful observation of the claimant's own reported activities.
2. Evaluate the drone flight. Does launching from a public street make the backyard observation lawful?
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No - the launch point is not the whole question.
- A fenced backyard is the classic marker of a high expectation of privacy. Sustained, low-altitude observation of that space is the fact pattern most likely to be treated as an intrusive search-like act, and it is the one that generates counterclaims.
- Airspace rules are a separate overlay: certification, altitude, and local ordinances all apply, and launching from a public street does not convert the airspace above a backyard into a public place for privacy purposes.
- Practical limits: keep the flight brief and transiting rather than hovering, never orient the camera into windows or doors, and do not record neighbors or the spouse's separate activities.
- Weigh value against risk. The claim will be won or lost on documented physical capability, not on aerial footage of a lawn. A $400 drone flight is a poor trade against an invasion-of-privacy counterclaim and a credibility attack on every other piece of evidence.
Safer alternatives for the same fact: ground-level observation from a public street of the claimant loading, carrying, or driving; timestamped video of him at the hardware store or the dump; and neighbor interviews conducted within the rules.
3. Address the truck-bed and toolbox search, and propose a defensible use of the 12 authorized hours.
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The search is not defensible. The truck bed belongs to the claimant and his wife. Looking into an open bed may be observation; reaching in and opening a toolbox is a search of personal property with no consent and no legal process. Anything found is likely inadmissible, and the act supplies the counterclaim. Drop it.
Better use of 12 hours, structured for the hearing:
- 8 hours of surveillance across 3 non-consecutive days, including at least one weekend day when yard work is most likely, with continuous time-coded video and a written log of start/stop times, location, weather, and camera settings.
- 2 hours on lawful public-record and social-media review, preserved with capture dates and URLs.
- 2 hours on file assembly and a report that compares observed activity to the claimant's documented restrictions, with duration and load estimates - 'carried four bags over 40 feet, three trips, over 20 minutes' beats 'appeared active.'
- Put a surveillance addendum in place before the next assignment: scope, lawful methods, no entry onto private property, no GPS without written authorization, retention and reporting terms.
- If the observed mowing and carrying already contradict the stated restrictions, say so in the report and let the client decide whether more surveillance is worth the budget.