Legal Definitions - fixed surveillance

Fixed surveillance describes a method of observation where an individual, such as a law enforcement officer or a private investigator, personally watches a person or location from a discreet, often stationary, vantage point over a period of time. The primary goal is to gather information or evidence through direct human observation, rather than through electronic means like hidden cameras or audio recording devices. This technique is commonly referred to as a "stakeout."

• Example 1: Criminal Investigation

  Detectives investigating a series of burglaries in a quiet suburban neighborhood suspect a particular house is being used to store stolen goods. Instead of obtaining a search warrant immediately, they park an unmarked van several houses down the street and take turns observing the property for several days. They note who comes and goes, what vehicles visit, and if any suspicious items are moved in or out of the house.

  This illustrates fixed surveillance because the detectives are physically present, observing the target location in person from a distance, without using electronic recording equipment. Their objective is to gather direct visual evidence to support their investigation.

• Example 2: Insurance Fraud

  An insurance company suspects that a claimant, who reported a severe back injury preventing them from working, might be exaggerating their condition. A private investigator is hired to conduct surveillance. The investigator parks their car across the street from the claimant's home and observes them for several hours each day, documenting activities such as gardening, lifting heavy objects, or engaging in strenuous hobbies that would contradict their injury claim.

  This is an example of fixed surveillance because the private investigator is personally observing the claimant from a relatively fixed position, relying on their own sight to gather evidence that could prove or disprove the insurance claim.

• Example 3: Corporate Security

  A company's security team has received intelligence that a former disgruntled employee might attempt to access sensitive information from an external server located in a public data center. To prevent this, a security operative is positioned in a nearby coffee shop with a clear view of the data center's entrance. The operative watches for the former employee's arrival, noting their movements and any attempts to bypass security, ready to alert the facility's guards if necessary.

  Here, fixed surveillance is demonstrated by the security operative's in-person observation from a stationary, discreet location to monitor for a specific individual and potential security threats, without the use of electronic monitoring devices.