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 North Dakota, private investigators are regulated under state law. They are required to be licensed to legally conduct surveillance and investigative work. The North Dakota Private Investigative and Security Board (NDPISB) is the governing body responsible for licensing and regulating private investigative agencies and individual private investigators. 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, engage in illegal wiretapping, or use other illegal methods to obtain information. Evidence gathered legally by a private investigator can be used in court proceedings, including divorce cases, to support claims of adultery or other misconduct. However, any evidence obtained in violation of state or federal laws may be inadmissible in court and could result in legal consequences for the investigator and potentially the client who hired them.