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 New Jersey, private investigators are regulated under the New Jersey Administrative Code (N.J.A.C. 13:55A), which requires them to be licensed by the New Jersey State Police. To become a licensed private investigator, individuals must meet certain requirements, including passing a background check and having professional experience or education in investigation. 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. They are permitted to observe and collect evidence in public spaces, but they must not engage in illegal activities such as trespassing, invasion of privacy, or harassment. Any evidence obtained illegally may be inadmissible in court and could result in legal consequences for both the private investigator and the hiring party. It is important for private investigators to conduct their activities in a manner that respects the legal rights of all parties involved.