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Higgins & Associates Investigative Services
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Hide and Seek for Professionals
Rick Templeton
The professional surveillance investigator is continually improving his skills. If anyone tells you they have mastered the art of surveillance, they most likely have not even begun to learn. The purpose of this paper is to give the professional investigator who may not specialize in surveillance some tools that may act as a guideline to the steps involved in conducting successful surveillance. There are many types of investigations that require, or benefit from surveillance. Rather than attempt to address specifics here, I will instead discuss items that are common in all surveillance activities.
An important first step in any surveillance is to learn about your subject. Begin by making sure you have received all available information from your client. Your client will not be impressed if you bring them information they already have. Check for any criminal history including misdemeanors and felonies. At times I find that the client will not want to pay for this search but I perform it anyway. It can make all the difference on the outcome of your case or even more importantly, keep you safe.
Conduct a DMV search to determine what vehicles your subject may be using or find other individuals at the same address. This may also provide other possible addresses and identifiers for your subject. Depending on the allotted budget for your case, you should consider running a thorough background search that will show property owned by the subject, along with a list of neighbors and possible relatives. You don’t want to be parked in front of the subject’s brother’s house, and often family members live nearby.
There are many free searches on the Internet that may provide useful information. The information may not be as current as the paid searches or provide exactly the information you need however you can begin with these and then move to other sources as needed. You can find links to my favorite free searches at the web site.
Basic Equipment
There is very little equipment that is required to conduct a successful surveillance. You will need a good quality video camera and a tripod. Know how to operate your equipment and be able to make adjustments quickly. When filming from a vehicle it is best to have a tripod that takes little room and makes use of suction cups to connect it to the window. If you have trouble finding this type of tripod email me at Rick@Investigations.Net and I will see if I can find one for you. I also suggest the use of a cell phone, laptop, binoculars and a vehicle that blends in well in the area you are working. Always keep extra tapes and batteries. I also use a hand held audio recorder to help take notes during fast paced activities.
Here are certain items I look for in every video camera:
Optical zoom This is far more important than the digital zoom. You should obtain a camera with at least a 20x optical zoom. The optical zoom is a true representation of what you would see if you were closer to your subject. The digital zoom takes what the camera sees and magnifies it. This is fine up to a point however your video will become "pixelated" (blurry).
In the event that your subject is of such a distance that you are not able to see them with your camera magnification, you can add a doubler lens. The lenses actually range from 1.5x to 6x magnifications. This will still give you good quality however the greater the magnification the more light you will need to be able to use if effectively.
The use of higher magnification lenses will require the use of a tripod with a micro adjustment. This means you can move your camera an extremely small amount at a time without your video image jumping around.
Night shot I use this feature often especially during the winter months. It works great for obtaining plate numbers or an address in very low or no light. The night shot features work using infrared (IR) light and is limited to 10-15 feet. You can purchase infrared adapters that will increase the usable length up to 100 feet or more. One thing to keep in mind is that if your subject is using night vision equipment they will be able to see exactly what you are doing. Infrared is not visible to the naked eye, but it is very possible that anyone who believes someone may be watching them may be using this technology as well.
Steady shot This feature assists in keeping your picture steady.
Firewire connection It is not required however with it you can send a picture frame directly into a PC and then email it to your client.
Accessory shoe You can get by without it but I sometimes use extended IR lights or other attachments that you can connect directly onto your camcorder and run them from the camcorder battery.
Video in and video out This is needed if you want to use your camcorder for recording from another camera or sending your video to another source for backup or possible editing. There are times I only use the video camera as a camera and not use if for recording while other times I may only use the record function and not the camera.
Pre-Surveillance Checklist
Now you are armed with information on your subject and should have a good idea of what they look like, vehicles they may be driving, where they work, and places they frequent. Before heading out to start the surveillance you should make sure you are adequately prepared to do so. There is no excuse you can give your client or yourself if you can not get the footage they are paying you for because your camera batteries went dead, you ran out of tape, or you lost the subject because you had to stop for gas. Below is a list of items to check before you ever begin the surveillance:
Before you begin the assignment familiarize yourself with the neighborhood. If possible drive around the area the day before in a different vehicle. At the very least, study maps of streets in the area. Get to know all the exit points from your subject’s residence. Determine a suitable location to conduct your surveillance.
When conducting surveillance from your vehicle make sure you choose a vehicle that fits the area. You will quickly get noticed in a beat up car in an upper class neighborhood. By now you should know what you subject drives or has available. Don’t get a similar car that they will notice. Everyone notices the same make and model of the car they drive or have owned. If you subject has significant reason to suspect surveillance you should probably stay away from using a van unless you can conduct a two-person surveillance. With two people working the surveillance you can easily leave one in the van while the other follows if your subject goes mobile.
Make sure your vehicle is properly set up. Tinted windows are a must for most applications. Nearly everyone is using them these days so the fact your windows are tinted will not attract attention. States vary on the amount of tint allowed. Oregon regulations currently require you to have 35% light transmission or greater on all windows in passenger vehicles. If you use a van or SUV this law does pertain to windows behind the front seat. If you have your vehicle professionally done plan on spending $225 and up depending on the type of vehicle you are using. I find dark sunscreens for the side windows also work great. They come in different sizes, are very inexpensive and can be easily removed for night driving. An inexpensive curtain rod and some black felt can do wonders. At the very least you can place your change of clothes behind you so you will not be in silhouette.
Always know exactly what you are going to say if someone has discovered you. You could use a story like you think your spouse may be cheating on you and with someone in the neighborhood and you are waiting to see if they drives down this street. There are hundreds of stories I could give you but you should find what works best for you and never deviate from it. The more you use one particular story the easier it will become for you.
Proper Dress
Dress appropriately for the day. Always bring a change of clothes and be prepared to go from jeans to something dressier. If you know your subject is going to a rodeo you should dress the part. The key is to blend into the crowd, and the little things can make a difference. Always take extra clothes and footwear with you since you never know when you will need to change to fit the occasion.
Power Requirements
The prepared surveillance investigator always plans for extended surveillance. If you are working a mild temperature day and only using a camcorder you will be using little power. However, if you are running fans, monitors, recorders, cooling or heating devices your power consumption can be quite high. Make sure the items you are using require the least amount of power possible. I have found a safe rule to follow is to have sufficient power to operate for one twelve-hour day. I recommend running two separate batteries in your vehicle with an isolator so you never have to worry about running down your starting battery. I always carry 200 amp hours or more in every vehicle and have never had a problem. Your batteries should provide you with years of trouble free service as long as you take care of them. Be sure to always keep a charge of 50% or greater in them. For cold climates, keeping the battery fully charged will help. If you run a battery down to nothing you greatly reduce the life of that battery. This is especially true if you are not using a deep cycle battery. Standard starting batteries are designed for high output quickly and are not designed with reserve in mind. They are simply not meant to be discharged and recharged on a continuous basis. You may find it difficult or impossible to place your second battery under the hood. Depending on your vehicle, you might consider having it professionally mounted underneath. This will probably cost you between $150 to $250 but it gets the battery out of the way. Custom vehicle conversion shops can usually take care of this for you. I have seen surveillance vehicles with two 6-volt golf cart batteries wired in parallel. This gives you a lot of reserve power for a small price but is probably overkill for most applications.
If you find that there is no place for your second battery and you have no choice but to place the second battery inside your vehicle make sure you do not use lead acid batteries. There are many high quality dry cell or gel cell batteries on the market. You will not find them at most auto supply stores but Batteries Plus or even G I Joes will usually have them in stock. These will cost you about twice that of a lead acid battery but if you are using the battery inside it is the way you want to go. Lead acid batteries vent harmful gasses. I have had many sales people over the years tell me this is not the case and to them I say they can breath whatever gasses they choose but its not for me. Batteries contain a sulfuric acid electrolyte, which is a highly corrosive poison that will produce hydrogen and oxygen gasses when recharged and can explode. You may run them for years and have no trouble but the first time your alternator overcharges your battery you will want to be as far away as possible. There is little danger as long as there is sufficient air movement, as you would find under the hood of a car. Again there are always exceptions and some automobiles are designed for batteries inside the car. Gel cells are completely maintenance free, safe and many of them can be mounted on their side or even upside down and they vent no gasses.
If you choose not to take the step of adding a second battery at least get yourself an excellent battery with a good reserve capacity. This is one area you should not try and save money in. Spend the extra few dollars to get the best.
The Day Has Arrived
The day for your surveillance has arrived. The timing of your surveillance should have been decided far in advance. However, if you know nothing about your subjects sleeping or work schedule, it’s a good idea to arrive by 6:00 AM on the first day. This is especially true if you are driving a significant distance. Arrive after the subject has left and you might as well have stayed home. You should already know where you plan on setting up so get there and plan on staying for a while. Make a mental note of any houses for sale in the area and pick up flyers if possible. This will provide a reason for you to be in the neighborhood if someone should question you. In some areas you may need to find other reasons such as going fishing or bird watching. The important thing is that you have a story that you are comfortable with. Remember that whatever story you prepare for you should have the appropriate props and knowledge. You wouldn’t want to tell someone you were a bird watcher without knowing something about birds. The person you are speaking with may be an expert on the subject.
When arriving in a neighborhood early in the morning you may not see anyone but always assume people are laying in bed just waking up and may hear your vehicle. They probably will not think much of it unless they don’t hear the door open and shut. Just open the door, wait a second and then shut it as you normally would without closing it so hard as to attract attention, but loud enough that anyone listening will hear it.
I find the use of window sunscreens extremely valuable. If someone looks at your vehicle and sees the sunscreen in the window their mind automatically believes there is know one inside.
Try and park at least two houses away from your subject’s residence. Whenever possible park where the sun is to your back. Your subject will tend to not look in the direction of the sun and even if they do, it makes it much more unlikely that they will notice you. The position you choose should be decided based upon your objectives. If your goal is to film your subject outside their current location you may want to set up in a different area than if you are only interested in determining their activity level or where they go during the day.
Once your surveillance position is determined commit to it and avoid moving your vehicle unless mobile surveillance is required.
It is important to always take video at least once per hour even if no activity is present. This will serve to prove you were at the location if you are ever questioned about it. You should have the address clearly visible at the start of your surveillance or the street signs at the nearest intersection to your subject. You should place items in your notes such as a package being delivered nearby as a way to further substantiate that you were there. Your subject may deny that they are the person in the video. For this reason you will want to have a good positive ID shot of your subject. Zoom in to such a degree that your subject can be clearly identified in the frame. The requirements for insurance investigations are unique and additional training is recommended.
Digital video cameras are quickly becoming commonplace. While there are many advantages to using them the investigator should never forget that the footage might be questioned in court. The reason for this is that the images can be easily manipulated by anyone with basic computer skills. To combat this problem you can simultaneously run an 8mm video camera or take a few 35-mm photos while filming and you will most likely have no problems.
When conducting your surveillance keep in mind the allotted budget and the best way to make use of it. Your clients will not be your clients for long if you sit on an empty house all day. I like to confirm the subject is home by the middle of the day. There are many ways in which to do this and many of them involve the use of pretext. Remember you if you did your pre-surveillance work you know their phone number as well as the neighbors phone numbers and names, and you have your change of clothes if needed. The use of pretext is common however, this is a highly controversially issue. I do not express an opinion either way but feel it needs to be mentioned since it is one of the tools used by many investigators. If you choose to use pretext I highly recommend that you do not represent that you are from any existing company. Each case is different and law or ethics may prohibit you from making contact with your subject. If you have questions on this you should consult legal counsel.
If you choose to use pretext know your objectives, be prepared and sound confident. Below is a list of common used telephone pretexts:
There may be times you wish to approach your subject and you may consider the following pretexts:
The list is only limited by your imagination.
In time, the surveillance expert will develop skills that are difficult to teach. One example of this is to watch the subject’s pets. If there is a dog in the house they will often know what time your subject will be returning and you will find them sitting in the window as the arrival time draws near. If that same dog is outside they will know if someone is moving closer to the front door or back door and you can get your camera ready before they ever make it outside. This technique works on other animals as well. It takes practice but I can often tell if someone is near a fish tank by watching the behavior of the fish. I can’t see the occupant in the house but the fish can. Some people laugh about this but I tell you it works. Of course I also believe that it is best not to stare directly at the back of someone’s head. Try it sometime and you may find that many people quickly develop a feeling of being watched even if they can’t see you. This is especially apparent with mobile surveillance.
Mobile Surveillance
When your subject leaves their location it usually becomes necessary to initiate
mobile surveillance. Be careful not to start you vehicle until your subject is already
moving away from you. Depending on how many days you will be watching the subject will
depend on how close you follow. No one wants to lose site of their subject especially when
you have been waiting for hours or days for them to move, but it is better to lose them
that to get burned (discovered). If you should lose site of them, continue on the path you
last saw them and conduct a canvas of that area. You might get lucky and find their car
nearby.
The investigator that is new to surveillance almost always thinks they have been burnt. Generally someone looks three times in your direction before becoming suspicious. If you truly believe your subject is becoming suspicious, break off immediately and do not return for the day. If you continue following someone after they know you are there not only are you ruining your chance or any other investigators chances of surveillance, you could be charged with stalking. There are several things you can do to decrease the chance of being spotted. Keep a hat within reach and wear it part of the time. Hang something from your mirror but nothing that will reflect sunlight. Depending on your vehicle you may have other items you can use to change the appearance such as covering fog lamps or driving lights to keep someone from recognizing you.
I find it helpful to keep a cassette recorder near the drivers seat since the action often happens so fast that you it is difficult to accurately recount everything after the fact, and you can’t safely take notes while driving.
Do’s and Don’ts
Nothing in this section should be considered legal advice.
Pretext Avoid using real names of people or businesses. Do not create a situation that inconveniences your subject such as having them wait long periods of time for a package.
Trespassing Always know where you are. Don’t make the mistake of thinking you are on public property just because there are no signs stating otherwise. Keep in mind how your actions will look to a court or jury. Even if you have permission to sit on private land but you used a pretext to obtain this right, your credibility in front of a jury or judge will be questionable. It is better to not get the footage you seek than to loose the case or find yourself in legal trouble over such a mistake.
I recommend always keeping your original footage and be able to clearly and positively identify the tape or evidence. Keep close track of the chain of custody (individuals who have access to the tape or other evidence).
Never edit or tamper with the original tape. However, If going to trial prepare an edited version pertinent to your testimony but also have the original for comparison.
Do not film your subject inside of their home or any place they have a reasonable expectation of privacy. Do not film your subject if they’re in a location that is not viewable to the general public. An example of this would be if you have to climb a tree to see your subject they are not in public view.
Do not abbreviate or use industry jargon in reports. Use proper writing techniques when preparing your reports.
Make the safety of yourself and others your first priority. This is especially important to remember when conducting a mobile surveillance.
Higgins & Associates Investigative Services12042 SE Sunnyside Rd #373
Clackamas, Oregon 97015
Telephone: (503) 358-4200
Cell phone: (503) 519-4200
Fax: (on request)
Oregon private investigator (private detective) license
number: 1998184
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