A private investigator or private detective is a person who secretly follows and observes persons in public places for the purpose of witnessing behavior and collecting evidence of any illegal or improper activities (photos, videos, etc.). During the divorce process a spouse who suspects their spouse of cheating (adultery) or other improper or illegal behavior may hire a private investigator to follow or “tail” the other spouse.
In Montana, private investigators are regulated under state law. They are required to be licensed to legally conduct surveillance and investigative work. The Montana Board of Private Security provides licenses to private investigators, and applicants must meet certain criteria, including training and background checks, to obtain a license. When hired during a divorce process to gather evidence of adultery or other improper behavior, private investigators must operate within the bounds of the law. This means they must respect privacy laws and cannot trespass on private property, wiretap, or engage in any other illegal activities while gathering evidence. The evidence collected by private investigators can be used in court, but it must be obtained legally to be admissible. It's important for clients to ensure that the private investigator they hire is licensed and follows legal protocols to avoid compromising the evidence and potentially facing legal consequences themselves.