PI Found Guilty of Stalking

The case I’m referring to reached the New Hampshire Supreme Court: Miller v. Blackden 913 A. 2d 742 (NH Sup. Ct. 2007).  “Leaning on your ex” is considered stalking because the conduct of the private investigator’s mobile and fixed surveillance was not necessary for a legitimate purpose.  To the best of my knowledge, it is extremely rare for a PI to be accused of stalking while in the course of an investigation.  Stalking laws vary from state to state.  In 2008, the Kansas legislature enacted some changes making the wording much more specific in the Kansas Stalking Statute 21-3438. Learn more about the Stalking Statute here.

A private investigator must always have a legitimate purpose for the surveillance.  It must be conducted in such a way that he/she does not strike fear in the heart of an individual who has recently been victimized and to carefully determine the client’s motives for conducting a surveillance.  An attorney should be consulted when the legality of a surveillance is in doubt.  The laws covering invasion of privacy, trespassing, roping, entrapment and stalking should be observed with the highest moral and ethical standards.

This post and all others listed are for your general information only and is not to be considered legal advice.