can private investigators call ex's and ask credibility questions which reveal info which can jepordize saftey

Question

what privacy rights does one have as to annonimity when there have been acts of violence already displayed be the defendants side(bad guy). who can be called by a private dick and what info he can fish for. need help

Answer 1

Based on the general nature of the question, yes. Anyone can ask anyone questions about you. There is really no privacy about much. The question is: What kind of answers can someone give? Well, first of all, if the answer is untrue, there is a possibility that the answerer committed slander and you can sue over that. And the asker has to be careful that, if he tells others information that turns out to be false, the asker can be liable for slander as well. However, unless you are some kind of public figure, the asker would have to commit negligence to be liable (in most states). Of course, any information that is true is fair game. So if you did something that your ex knows about and she tells someone about it, no one is liable for slander. But even if the information is false, you still might not have a claim if you can't prove damages to yourself somehow. For instance, if you can't show lost wages, etc., you have no claim (unless the information is about your job, a crime, a loathsome disease, or being unchaste).

Of course, once in a while, some folks bring a lawsuit regarding invasion of privacy. Basically, you would have to prove that the asker was intruding on your solitude to such an extent that it is highly offensive to a normal person (not highly offensive to just you, but to a normal person). This isn't my area, but I would think that this would be something like the private eye putting listening devices in your bedroom. Asking questions of your ex would be something different. My belief is that anything you say to an boyfriend or girlfriend is probably fair game. You really have to be careful about what you say to people and do with people.

But all this is contingent upon what the questions are being asked for. If you are involved in a lawsuit, the questions are totally fair game. If you are a victim of a crime, the questions are totally fair game. Either way, a victim of a crime or a plaintiff (or a defendant) basically has to expect a certain amount of invasion of privacy. You mentioned that this person is a "defendant." The defendant has a right to defend himself whether from a lawsuit or a criminal complaint. A criminal defendant has the right to confront witnesses against him. This right to confrontation is guaranteed by the 6th Amendment to the Constitution. You won't find the word privacy mentioned anywhere in the Constitution. Of course, the types of things from which a right to privacy has been teased out of the Constitution relate to a right to privacy from government intrusion. A defendant is usually not the government. (Note that there is a right to privacy in the California State Constitution and it generally applies to a right of privacy from intrusions from private individuals as well as from the government.) Nevertheless, privacy rights are held sacred, but they must be balanced against a defendant's need to defend himself. Moreover, a victim or a plaintiff gives up many (but by no means all) rights to privacy but going to the cops or by initiating a lawsuit.

One of the biggest ways to defend oneself at trial is to call into question the credibility of witnesses against the defendant. Often, at trial, the case comes down to he said/she said. How does the jury determine who is telling the truth? By looking at credibility evidence. Lots of people lie at trial and humans are not lie detection machines, so learning about a witnesses' past is a good way to determine whether someone is lying or not.

There are certain things that are totally inadmissible at trial, such as a person's sexual history, if that history is only there to show that someone is unchaste and therefore consented to rape (known as rape shield laws). Of course, it depends on the state. But there are exceptions and one can argue that a person's sexual history can be used for credibility purposes and not to show that someone consented. Of course, a jury might use this information improperly anyway.

What kinds of things does a private eye want to know about for trial purposes? Whether you lie. Whether you have been convicted of crimes. Whether you have committed crimes even if you haven't been convicted of them. Your sexual history might be admissible at trial. Do you have a tendency to threaten people that you'll accuse them of a crime if they don't give you what you want? Work history? Do you have a poor work history which can show that you can't be trusted? Anything that shows that you cannot be trusted or are a liar is fair game in a lawsuit.

Of course, anyone who has an ax to grind against you might possibly be a witness against you. This is another good reason to try not to make enemies, because you never know when you'll be a victim, witness, or defendant in the legal system.

These answers are really general and mostly apply to California, but you should always consult an attorney with the specific details of your situation.

Answer 2

A private investigator can ask any question they want. The person can refuse to answer, but anything they say can be used to further the investigation. Public defenders also have investigators and it's their job to go out and find information and ask questions. Most attorneys use private investigators too. It's just part of the game.

Answer 3

yes, they can call your ex
yes, your ex can reveal any information about you without your permission.
a private investigator can pull your social security number, financial records (including bank accounts, savings accounts, tax filings etc)., job status on where you work and what your slary is, how much credit cards you own, and how much you owe on each. etc etc.