How to Choose a Private Investigation Agency for Physical Surveillance
❝ Private sector physical surveillance on an alert subject is the most difficult investigative discipline to perform successfully on a consistent basis. Just as one would not use a primary physician for heart surgery, one should not use a generalist private investigator for a highly specialized investigative discipline such as private sector physical surveillance.❞
☑ Checklist
SI = surveillance investigator
☑️ 1) SPECIALIZE IN PRIVATE SECTOR PHYSICAL SURVEILLANCE: The private investigation agency should specialize in physical surveillance. Note: A PI agency that primarily conducts workers' comp sub rosa typically pays their surveillance investigators at the lower level of the pay scale, thus will not likely have experienced Tier One top surveillance investigators.
Private sector physical surveillance on an alert subject is the most difficult investigative discipline to perform successfully on a consistent basis. Just as one would not use a primary physician for heart surgery, one should not use a generalist unqualified private investigator for a highly specialized discipline, such as physical surveillance.
Part of being a specialist in physical surveillance is having the requisite skill-sets and equipment. One significant skill is the ability to successfully operate a camcorder in a fast moving and stressful environment ⎯ whether gathering fleeting video evidence of a stalker violating a TRO or conducting a real-time recording of a Person of Concern for a threat assessment professional or recording vital evidence for a high-value civil lawsuit. Much like baseball is sometimes referred to as a game of inches regarding winning or losing, evidentiary success or failure in physical surveillance can be determined in seconds.
Example of basic surveillance investigation practices: Ensuring a surveillance investigator has the requisite camcorder skills and proper camcorder equipment (typically 40-60 optical zoom with date/time stamp) is one of the most important items. Another important piece of equipment is having a non-descript vehicle with the right amount of tint on the windows. And another is the skill-sets for an SI to discreetly and deftly position her vehicle to successfully secure needed video evidence.
☑️ 2) PHYSICAL SURVEILLANCE AS A FULL-TIME JOB: The SI working your case should perform physical surveillance as a full-time job.
Private sector physical surveillance is the most difficult investigation discipline to successfully perform on a consistent basis, and should only be performed by full-time surveillance practitioners. It is an art form that requires extensive experience, regular practice and expensive equipment. Only full-time surveillance practitioners are likely to possess game changing high-tech equipment ⎯ and know how to use it in stressful situations. ☑️ 3) CREDIBLE REFERENCES (Very important to determine if the SIs are effective.): At a minimum, have the prospective private investigation agency provide you with three credible references who have used the prospective firm for the same type of physical surveillance assignment you need. ☑️ 4) HOURLY PAY RATE OF A SURVEILLANCE INVESTIGATOR: If possible, find out how much the person conducting the physical surveillance is paid per hour. This may be the best way to determine how effective and competent the SI will likely perform. A quality SI will have a private investigator license and be insured and make around $75 to $ 150 per hour in Southern California; the rates are as low as around $ 25 per hour. ☑️ 5) CA PRIVATE INVESTIGATOR LICENSE REQUIRED: In the state of California, a private investigator license is required to provide the service of physical surveillance, therefore verify the private investigation company has a valid private investigator license in California: https://search.dca.ca.gov Note: Persons in the field conducting the physical surveillance should each have a California private investigator license or be valid employees of a California licensed private investigation agency. It is a misdemeanor crime to conduct physical surveillance in the state of California unless one is a licensed private investigator and insured.
Watch out for Private Investigative agencies that say they use "off-duty" law enforcement. There is a good chance that any SI fitting that profile is not a full-time or practicing SI and not properly licensed, hence operating illegally (aka committing a crime) with significant exposure to financial liabilities since insurance is unlikely to be valid, due the act being a crime. Performing services as a private investigator without a license in California is a misdemeanor.
☑️ 6) BUSINESS REGISTRATION: Verify private investigation agency (corporation or LLC) is active and in good standing with the California Secretary of State: https://www.sos.ca.gov/business-programs
☑️ 7) EMPLOYEE OR SUB-CONTRACTOR: Will the private investigation agency use employees or licensed PI sub-contractors to conduct the physical surveillance?
The worker classification of the SI will determine how much more vetting will be needed to ensure legal compliance and the end client's amount of exposure to liabilities. If there is not legal compliance, insurance coverage may not be valid.
☑️ 9) PROFESSIONAL INSURANCE: Verify the private investigation agency has the required general liability (E&O) insurance policy of a minimum $ 1,000,000 coverage.
If you use the private investigation agency, you should asked to be added as an additional insured on the private investigation agency's general liability (E&O) insurance policy. A certificate of additional insured will be provided naming your firm. This is standard practice by insurance companies and Third Party Administrators when vetting and adding private investigation agencies to their claims investigation panel.
☑️ 10) CIVIL/CRIMINAL CHECK ON BUSINESS AND OWNER: Check local on-line civil and criminal superior court and federal court records to determine if the considered investigation agencies and/or its officers have appeared as defendants?
☑️ 11) EQUIPMENT: Does the private investigation agency use the necessary equipment to assist the surveillance investigators?
For example, a qualified private investigation agency will have SIs who use long range HD video cameras; FCC licensed two-way radios; rapid deployable compact video cameras that are connected via data (not wi-fi) and drone capability operated by drone experts. Equipment frequently makes the difference between success and failure of physical surveillance assignment.
☑️ 12) SAMPLE REPORT & INVOICE: Ask for a sample physical surveillance report, sample invoice and negotiate pricing for short and extended days surveillance.
The sample invoice will provide you with those unexpected costs, much like the “resort fees” at some hotels. Typical charges are hourly rates to include gas mileage fees and travel time to and from the physical surveillance location.
Mileage and travel time fees are typically pass-through costs that go directly to the SI. For example, to cover auto maintenance, fuel costs and auto and professional insurances, which are at a premium expense these days for SIs ... especially in California.
Physical surveillance rates in Southern California ranges around $ 115 to 150 per hour plus mileage and expenses. Hourly rates vary and should be based on the quality of the SI and the amount of surveillance needed. Hourly rates should be reduced when the SI's time exceeds16 hours. For a Tier One SI, over 48 hours, the rate should not exceed $ 125 per hour, per practitioner. (Tier One level is highest rate and Tier Three the lower rate.)
☑️ 13) CASE SUPERVISOR'S PHYSICAL SURVEILLANCE EXPERIENCE & COMMUNICATION: Case Supervisor: Does the person supervising the SIs have private sector physical surveillance experience as an SI and managing SIs in the private sector?
An experienced case supervisor will be knowledgeable of the local, state and federal laws related to conducting physical surveillance, i.e., privacy laws. The supervisor will also ensure great communications with the SIs in the field and providing timely updates to the client.
Just like a sports team or military unit, a physical surveillance team needs a qualified experienced manager-team leader to achieve positive results and avoid negative situations.
The Tooth Fairy Category and Private Sector Physical Surveillance Myths
Off duty/retired law enforcement make good private sector physical surveillance investigators ☞ Government employee surveillance is conducted with extensive multi-million dollar resources to include numerous personnel in multiple vehicles, court ordered electronic tracking and at times, air support --- hence, does not necessarily take a lot of individual talent. Private sector surveillance depends on an SI's private sector physical surveillance experience, personal traits, innate talent and refined skill sets as a full-time practitioner. Experience in law enforcement is not an accurate predictor of one's surveillance effectiveness in the private sector. If a company hires off-duty LE for a private sector surveillance, ask the person who hired the off-duty SI what selection criteria was used and what private sector references were checked to confirm SI's surveillance successes in the the private sector. One surveillance investigator is sufficient to conduct an extended physical surveillance tail ☞ FBI SSG is said to use no less than seven SIs in seven different vehicles, with the added help of other assets. In the private sector, its naive to think one SI can successfully follow a subject through traffic successfully over an extended distance and time. Conducting private sector physical surveillance over a lot of years is sufficient to conclude one is an effective SI ☞ Most who are careerist practitioners are not good. It is difficult to find quality SIs who have integrity and highly effective. In Southern California, full-time practitioners of physical surveillance each have their own brands ⎯ very few have brands that one should invest significant monies on a high stakes case.
Four Southern California full-time private sector practitioners (with over 59-years collective experience) contributed to this article. The collective goal was to come up with the most important information to consider when choosing a private investigation agency for a physical surveillance assignment -- especially for a high-stakes case.
The information provided herein, coupled with common sense and logic, should enable a person without any experience conducting a private sector physical surveillance to make the best decision in choosing the most qualified private investigation agency.
As with any profession, the past performance history will be the best indicator of future performance. It is a must for a user of physical surveillance services to call credible references and get feedback on items such as performance, costs and communication.
In 1998, CLAIMS Magazine (A Publication of The National Underwriter Co.) published an article by Mike Wolivar titled, "Looking for Surveillance? Zoom in on Results & Reputation" According to Forbes magazine, the Coalition Against Insurance Fraud estimates $ 308,600 billion was lost to insurance fraud in 2024. Insurance companies spend an estimated hundreds-of-millions of dollars annually on surveillance investigations to fight fraudulent claims. Many of those surveillance investigations are conducted by unqualified surveillance investigators, hence lost oportunities to secure helpful information and video evidence. The 1998 magazine article provides recommendations for improving physical surveillance results. Using effective surveillance investigators not only helps to reduce fraud, but prevents workers' comp premium increases due to a fraudulent insurance disability claim. The article on this website goes into more detail on how to ensure you are getting a qualified private investigation agency. Please contact us for a copy of the 1998 article.
Private sector mobile physical surveillance is an art form and to be successful requires following a subject without losing sight of the subject, while not being detected by the subject. Few private investigators are qualified and competent at the job of SI in the private sector.
