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 York, private investigators are regulated under Article 7 of the General Business Law. They are required to be licensed by the New York Department of State. Private investigators are legally permitted to follow and observe individuals in public places to collect evidence of illegal or improper activities, which can include taking photographs and videos. This practice is often used in divorce cases, where one spouse may hire a private investigator to gather evidence of the other spouse's adultery or other misconduct. However, private investigators must conduct their activities within the bounds of the law; they cannot trespass on private property, engage in illegal wiretapping, or otherwise violate privacy laws. It's important for private investigators to operate ethically and within legal parameters to ensure that any evidence collected is admissible in court and does not infringe on individuals' rights.