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 South Dakota, private investigators are regulated under state law. They are required to be licensed by the South Dakota Secretary of State as per SDCL 36-22. The licensing process includes a background check, fingerprinting, and proof of liability insurance. Private investigators are legally allowed to follow and observe individuals in public places to collect evidence, which can include taking photographs and videos. During a divorce process, it is not uncommon for a spouse to hire a private investigator to gather evidence of adultery or other misconduct, which can be used in court to affect the outcome of divorce proceedings, such as alimony or custody decisions. However, private investigators must operate within the bounds of the law, respecting privacy laws and avoiding trespassing, harassment, or any other illegal activities while conducting surveillance.