Thursday, May 26, 2011

When the Cops are Wrong

It's not uncommon for a cop-turned-private investigator to be asked by his former colleagues, “How do you like working for the enemy?” Or, “I hear you went over to the dark side.” Though some law enforcement officers have an 'us against them' attitude, the truth is we are all part of the legal justice system. Without both sides equally represented, 'justice' would be questionable at best.

I've always contended a good investigator is a fact-finder and it shouldn't matter which side pays his/her salary. The facts of a case should never change or be otherwise altered to fit any agenda. Sometimes facts favor the investigator’s theory; sometimes they don't. True professionals swallow the good with the bad and don't allow themselves to be compromised by passionate viewpoints.

As a homicide detective for the Los Angeles County Sheriff’s Department, I was summoned one evening to a gang-related murder in the Vermont District of Los Angeles County, an area plagued by this type of activity. In this case the suspect had been identified by eyewitnesses, arrested by patrol deputies and booked at a nearby substation before we received the call.

I was elated knowing the case would be a 'walk-through', a solved case with very little follow-up investigation required. We would process the crime scene, documenting and collecting evidence, interview witnesses, attempt to obtain a statement from the suspect, and, within 48 hours, present the case to the district attorney.

Our investigation proceeded well until my partner and I met the suspect. The well-mannered, clean-cut athletic specimen before us certainly did not resemble your run-of-the-mill gangster. As it turned out, he played football for a major university. Raised in Compton, California—arguably one of the most dangerous cities in America—this young man had never been arrested and had no record of misconduct. (I couldn't have grown up in Compton without being arrested!) Something, obviously, was terribly amiss.

My partner and I spent the next twenty-some hours proving beyond a reasonable doubt this was a case of mistaken identity. We essentially completed the task of a defense investigator and spared an innocent man a life-altering course he did not deserve to travel. It turned out the witnesses saw the detained man drive past the location as the shooting occurred. His vehicle was unique and made lasting impressions. Not only did we prove this man did not commit the shooting, we determined this was a 'walk-up' shooting and could not have been committed by individuals in a passing vehicle. We later discovered additional witnesses who saw the real suspect run from the scene.

Whose side were we working for, anyway? It didn’t matter. What mattered was a young man’s life was spared from an extraordinary derailment because we were willing to recognize that cops, too, make mistakes.

The purpose of this story is not congratulatory; rather it is to say when I accept private investigator work for defense attorneys, I do so because a good defense is an essential cog in the wheels of justice. I scour police reports, revisit crime scenes, review evidence and assure every stone is turned. Not to embarrass the police or undermine the efforts of the prosecution, rather I do so because there are few tragedies more profound than when an innocent man or woman loses their freedom.

The Challenges of Surveillance

During my 21-year career with the Los Angeles County Sheriff’s Department, I worked many plainclothes, undercover assignments and details wherein surveillance was an essential element of many investigations. We typically used anywhere from six to twelve investigators for mobile or “rolling” surveillances, and at least three for static surveillance. We deployed high-tech tracking devices with the authority of court orders which enabled live monitoring with up to the minute locates. Some cases were paralleled by court-authorized wire taps and coordinated through a central clearinghouse command center. We underwent extensive training in the techniques of mobile and static surveillance, counter-surveillance and undercover officer survival. We utilized decoys in our manner of dress and deployment of vehicles, sometimes posing as construction workers, delivery persons and other professionals.

I say all that to say this: One-person surveillance—something commonly requested/funded in the private industry—is one of the most challenging aspects of private investigation.

The foundation of all surveillance is the “eye.” Someone is detailed to observe a location and record (usually by video) all activity of the subject of the investigation. Generally speaking this is done from a vehicle parked at a distance close enough to obtain video footage and/or photographs, but far enough to avoid detection by the subject. The problem that usually arises is not the subject, but the occupant(s) of the home or business where the investigator has parked. Some will approach and question the investigator, others simply call the cops. Sometimes explaining the lawful and legitimate reason for the investigator’s presence (without revealing who he’s watching) will be effective; other times it bites the investigator as the party then calls every neighbor to report the news. Eventually, the subject of the investigation hears about it.

Some investigators notify the police when they establish their surveillance, and most often that is a good idea. Unfortunately, there have been police dispatchers who told concerned citizens phoning in the “suspicious vehicle,” far more than they should have and thereby compromised the surveillance.

Actually following (mobile surveillance) a subject with one vehicle/one investigator is a challenge beyond belief. It is very easy to be left behind at a stop light when enough space is provided to protect the integrity of the surveillance. A common tactic is to close distance before each intersection and then back off. Sometimes this works, other times it does not. Nothing is more frustrating for an investigator than sitting at a red light while the back of the subject’s vehicle fades into the darkness (or traffic).

Many of these problems can be eliminated if more than one investigator is used. If the investigator on point is not also challenged with being prepared to immediately depart when the subject goes mobile, a more obscure point of surveillance can often be established. For instance, one tactic is using a van, trailer or truck with a camper where the “eye” can be concealed inside before arrival. A driver parks and locks the vehicle in plain view of onlookers and is picked up by another investigator or leaves on foot. An “empty” vehicle is less threatening than an occupied vehicle and attracts far less attention. When the subject goes mobile, the “eye” calls it in to awaiting investigators who pick up the action in progress.

Another tactic is to abandon the use of a vehicle as the eye, completely. An apartment or motel room with a view of the subject location is very effective. Public areas such as parks or stores tend to attract less attention. I have, on occasion, donned camouflage and concealed myself on a hillside with a terrific view of the subject. These and many other innovative ideas can be used if at least a second investigator is funded for the surveillance.

In mobile surveillance two or more investigators are able to stay closer to the subject by frequently changing positions, thereby not becoming a constant object in the subject’s mirror. A good investigator knows exactly when a right-hand turn into a parking lot is needed to “cool” the tail. At that time the other investigator, who has either been hanging further back or paralleling on an adjacent street, swings in and picks up the eye. The one who turned right allows a block or two and joins back in with a relaxed position.

With this insight you will better understand why your P.I. may recommend the use of a second investigator. Sometimes it’s your best option and if the budget allows for it, you are likely to experience substantially better results.

Friday, December 11, 2009

Another Victim?

The story as reported (in part) by Fox News:

The disappearance of a missing Utah stockbroker and mother of two has turned "suspicious," police say.

West Valley City Police Capt. Tom McLachlan said Thursday there is no indication where 28-year-old Susan Powell might be, and "she has not contacted us or anyone else we know about."

Powell failed to show up at her job at Wells Fargo Financial on Monday. Her purse, cell phone and car all were left behind at her home in West Valley City, a suburb of Salt Lake City.

Her husband, Joshua Powell, also was missing from work Monday after a purported weekend camping trip, The Salt Lake Tribune reported.


Read the full story here: http://www.foxnews.com/story/0,2933,580001,00.html

Yet another tragic "disappearance" where the spouse is the focus of the investigation. It doesn't take a homicide detective or private investigator to come up with a good idea of what may have happened here. When the husband is more concerned about his van and a bird than the disappearance of his wife, there's your first clue.

I have written about protecting yourselves in several blogs so this is just a reminder. And a reminder that if you have a sister, best friend, mother or other loved one who is involved in a bad relationship, it is imperative that you share your thoughts, concerns, and some of my previously published safety tips with them so they might minimize their risks. This can happen to anyone, and all too often people close to the victim are left saying they should have seen it.

The police in this case will no doubt uncover the truth, and the result will no doubt be no surprise to me. But there is nothing I would like more than being wrong about what I believed happened to Susan Powell.

Danny R. Smith
DRS Investigations, LLC
L.A. Sheriff's Homicide, Ret.

Saturday, November 28, 2009

Common Sense Safety Tips

Holidays are to urban predators what a pen of sheep are to a pack of wolves.

As my wife headed out--at 3:00 am!--for this madness known as black Friday, the usual concerns raced through my head as they always do, having intimate knowledge of the statistics of crime relating to the holiday season. Fortunately, she followed Safeguard Rule #1: Use the Buddy System (two are less vulnerable than one). Here are some other tips:

#2: Park in well-lighted areas only and be aware of your surroundings before you exit your vehicle.

#3: Conceal packages left in your vehicle. Crooks know you hop from one store or mall to another, leaving the collected loot piling up in your car. Use the trunk, or keep a blanket over the items left in the cargo area of your car or SUV. (Yes, they will guess there is loot there; but not knowing if your packages could be easily fenced, they will hopefully continue their shopping and not risk it with an unknown payoff.)

#4: Please DON'T walk and text! Let me repeat that: Please don't walk and text! Pay attention to your surroundings! Pay attention to anyone who does not appear to be busy; rather they are just looking around. Make eye contact with them. Remember their faces! They will look for an easier target. DON'T BE THE EASIER TARGET!

#5: When returning to your vehicle: Observe your surroundings and be alert (See #4); Have your keys ready as you approach your vehicle (you should actually have them out and ready before you exit the store); (Remember, keys make a decent defensive weapon; go for the eyes!); Look inside your vehicle (especially the back seat) before entering; After you have entered, immediately lock your vehicle.

#6: If you failed to be alert and are accosted, fight. Fight for your life, because it is likely the case that this is for your life. Don't give up. Make a scene: yell and scream and be violent beyond your capacity. Go for the eyes and the groin. If you and the attacker leave together, it will be your last ride (know this and don't forget it!)

#7: Do not wear your best jewelry, or better yet, limit your jewelry to a modest watch and a wedding band. Remember, the predator is sizing up his prey and looking for a good payday.

These are just some common sense tips. Being attentive is the best advise I can give you. If you use some of these tips and pay attention to your surroundings, you will be a lot less likely to become a victim.

Enjoy the holidays, safely.

Danny R. Smith
DRS Investigations, LLC

Thursday, April 16, 2009

Cell Phone Bugging

This is a hot topic and one that seems to be misunderstood by many. In recent months I have had clients who have been victim to just such bugging of their cell phones, and I have also had clients who wished to utilize such devices in an effort to catch cheating spouses.

There is an excellent video documenting a television news report that is very comprehensive and informative on this topic. (Click on 'Video' above to view video.)

If you remember nothing else about this video, remember this: these "spy" techniques are absolutely and definitively in violation of several state and federal laws regarding the electronic interception and monitoring of conversations to which you are not a party. I strongly recommend you not risk going to prison in an effort to determine whether or not your spouse is cheating! I understand the extreme emotions and hurt that accompany these situations, but please do not destroy your life in your quest for evidence and information. There are many options and processes tried and true that can help you obtain this information legally, and I urge you to consult with a professional investigator regarding your options.

Hiring a private investigator will be far less expensive than hiring a criminal defense attorney.

Danny R. Smith
DRS Investigations, LLC
www.drsinvestigations.com

Sunday, May 11, 2008

Protect Yourself from Predators

A top headline news story coming out of Idaho this past week involves the death of Idaho resident Sue Newby. Her husband, Mark Newby committed suicide when the police were closing in on him while investigating the suspicious death. Ada County Sheriff’s deputies had reason to believe the death was not, as reported by Mr. Newby, an accident, in part due to evidence of an affair and a motive of financial gain.

The Idaho Statesman (www.idahostatesman.com) reported:

‘On April 2, Sue Newby told a friend she planned to take a horse ride with her husband and confront him about a suspected affair.

On April 4, she was dead in the bottom of Rocky Canyon north of Eagle.
What happened that day may never be known. Mark D. Newby, 46, killed himself with a gunshot to his head late Wednesday, say Ada County sheriff's deputies who discovered the body when they arrived at his home with a search warrant as they investigated Sue Newby's death.’

Friends and family of Sue were suspicious of the death from the onset, as were several horse enthusiasts who said the details of the “accident” didn’t make sense. They rightfully encouraged law enforcement to dig deeply into this case, and to the credit of the investigators, they did. They quickly developed sufficient probable cause to obtain a search warrant for Newby’s residence.

The point of my writing though is not to dwell on the circumstances which led to Sue Newby’s tragic death, but to offer some occasionally overlooked advice for women in potentially vulnerable situations.

In this case Sue Newby told friends she planned to confront her husband about a suspected affair while the two of them were horseback riding in a remote area; this was not a good idea. She should have confronted him at home or in a public place with just enough privacy for a conversation, not an otherwise unattended act of violence or murder.

In my 21 years with the Los Angeles County Sheriff’s Department, I had the misfortune to see worse-case endings similar to this in many cases. The common denominator was often that the victim placed herself in a vulnerable situation. Linda Sobek was a model who was murdered in 1995 by photographer Charles Rathbun at a remote photo shoot. Rathbun had attempted to rape Sobek before murdering her and reporting her death as an accident. This is one of the more notorious cases of which I am reminded, but there are many others that come to mind. And although these two cases are markedly different, there remains a common denominator of vulnerability.

What should be known to all women, young ladies and even boys is that predators come in all sizes, shapes, social-economical and ethnic classes; they represent all professions (yes, even law enforcement), religious sectors (remember the Catholic priest scandals?) and recreational groups (scouting groups, team sports, etc.). Their prey most often have the common denominator of vulnerability in a variety of ways too many and complex to discuss in this article. The real point is this: Since predators fit so neatly into society before and often after striking out at their prey, it is imperative that we do not allow ourselves or our loved ones to become prey.

The following are a few suggestions in protecting ones self:

If your daughter or girlfriend (or you) is planning to meet someone with whom she has established an internet relationship, a very common occurrence these days, encourage (actually, insist!) her to meet him in a safe and neutral environment. (I say neutral because it is equally important she not reveal her residence to someone she knows nothing about.) Have an exit strategy in the event things do not go as planned, and always tell someone trustworthy where you plan to be and when you expect to be finished.

If your son, daughter, friend or sibling is involved in sports or other recreational activities, don’t assume the “adult” in the situation is trustworthy. Never allow him or her to be alone with the “coach” and remember there is safety in numbers.

If you or your best friend are having trouble in a current relationship and plan to break it off or confront the significant other, do so in the manner previously described for meeting someone for the first time. Also, as in that case, have a simple yet effective exit strategy and be prepared to implement it at the first sign of trouble.

Finally, seriously consider having background checks of strangers you are considering dating or allowing access to your children or loved ones. Remember, these are very different times than generations past when everyone in a community knew everyone else, and seldom did their social circles extend beyond that community. Technology has shrunk our world, and for all of its good, there are plenty of underlying evils.

Sunday, April 20, 2008

To Catch a Cheater

To Catch a Cheater

Your instincts tell you he’s cheating. Your girlfriends say confront him, follow him, check his phone and email; threaten him with physical violence . . . Okay, skip the violence unless your calendar is open for the next few years. Forget trying to follow him yourself, but do check his cell phone records and email. (Doing your own surveillance is rarely successful and more often tips him to your suspicion.)

It’s really about opportunity. If you narrow your focus to the mostly likely times of opportunity, you’ll be more likely to find the evidence to back up your instincts. Also, if you’ve decided to hire a private investigator, you can save yourself a lot of money by targeting these highly suspicious times of opportunity. Here are some of the more common cover stories of cheaters:

“I have to go out of town on business."

- This is a great opportunity for all the obvious reasons and should certainly be a time you consider deploying surveillance. If that isn’t an option, make notes of this time period and be sure to study phone records when you receive your next bill. Look at calls before, during and after the trip. Check phone numbers on Google; you may be surprised how many phone numbers will show up in a search as they’ve been listed on websites such as Linked In, Manta, etc. Remember, if you are unable to identify the owner of a phone number, a private investigator may still be able to.

“Honey, I’m headed to the gym.”

- This is a great opportunity for one simple reason: he or she can return home showered—meaning their bodies are void of incriminating scents and other evidence without raising a lot of suspicion. They may also feel empowered by being able to look you in the eyes and say they had a great workout; maybe they did!

“I’m working late tonight.”

- We all know the dangers of workplace romances, but the question is whether your significant other is really working late at the office or has he or she slipped off for a little fling? Time it and call an hour later. Is he still in the office? Is he answering his cell phone? If not, is there a legitimate reason why? If you suspect something is going on, this is another great time for surveillance. Other considerations would be monitoring his odometer to see if the miles add up to his commute, or placing a tracking device on his vehicle. Most private investigators can provide this service. Some people have businesses where they can actually have their affair at their place of employment! This is a whole other challenge but depending on the circumstances of your case, a competent investigator should have several suggestions.

“We’re going fishing . . .”

- Hunting, hiking and fishing trips can be a great cover for a weekend with the other man or woman. For one, oftentimes the trip is planned for an area where cell phone service is unavailable. This allows them to turn off the phone and not worry about having to lie to you all weekend. Again, surveillance would be best. Check the odometer and ask plenty of questions. What about photos? Didn’t he take some pictures? Wouldn’t most people have a digital camera in their pack for their prize catch or that beautiful view?

“My girlfriend, Amanda . . .”

- Let me pick on the girls here a bit. I’ve seen more than a couple flings of women where their cover story is simply their girlfriend. If the “Girls Night Out” evenings or weekends are too common, pay attention. The mention of a Tupperware party makes a man’s eyes glaze; what a perfect cover story that could be! If they leave you with the remote, a pizza and plenty of beer, either be suspicious or thankful!

As a final note let me say this: Sometimes your instincts are wrong! I have worked a few cases where after a couple nights of surveillance I’ve been convinced the alleged cheater isn’t that at all. Maybe insecurities are causing false suspicions, or maybe you are unfairly judging your guy by your last guy or other men. Having said that, I’ve found that in those instances, the client thought the knowledge I provided was a worthy investment for their peace of mind. But if you’re going to rely on an investigator’s report and opinion in this regard, make sure you’ve hired a reputable, competent and reliable investigator.

For more information on the services of Idaho Private Investigator Danny R. Smith, please visit his website at: www.drsinvestigations.com