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 Mexico, private investigators are regulated under state law and must be licensed to legally conduct surveillance and investigative work. The New Mexico Regulation and Licensing Department oversees the licensing of private investigators through the Private Investigations Advisory Board. To become a licensed private investigator in NM, individuals must meet certain requirements, including passing a background check and an examination. When hired during a divorce process to investigate a spouse for suspected adultery or other improper behavior, private investigators must adhere to legal guidelines regarding privacy and surveillance. They are permitted to observe and collect evidence in public places, but they must not engage in illegal activities such as trespassing, harassment, or wiretapping without consent. The evidence gathered by private investigators can potentially be used in court proceedings, provided it has been obtained legally and is relevant to the case.