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Private Investigation & Security

M King aka Hunter

2003-08-01 11:28:00

: What liability (if any) is there to the client if a bodyguard/protection agent uses physical violence or force while performing duties on behalf of the client? 

ANSWER: First, many laws and statutes define the violence or force used.  The laws governing self-defense clearly state that everyone has the right to defend themselves from harm by the use of force and the victim will not be held liable if the attacker becomes injured.   Secondly, as part of their licensing requirements, all private security firms and private investigators must carry insurance that covers personal injury.  This insurance covers the firm or employee in the event that someone gets injured while the agent is working.   Thirdly, most of the liability issue is based upon the signed contract between the bodyguard and the client.  Many contracts state that the bodyguard’s insurance will cover all injuries.  Others may state that the client is liable - it just depends on how the contract is worded.  I recommend that all clients consult with a reputable attorney who is familiar with these laws BEFORE signing the contract.   When hiring a bodyguard, it is always a good idea to research the person or firm ahead of time.  Insurance and licensing are the most important items that must be checked and verified.  Also, ask for proof of any special training they may have (i.e. self-defense classes, private security training, first aid/CPR training, etc.)  Don’t count on a good bodyguard to give you references.  Most will keep their past client cases confidential.  Instead, ask questions and follow your impressions of the person or persons who may be protecting you or providing service.   Good Luck!

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Private Investigation & Security

M King aka Hunter

2003-07-01 10:56:00

:  Are there still such people as bounty hunters?  What set of laws do they operate under?

ANSWER: Yes, there are bounty hunters and have been for hundreds of years.  By legal definition, a bounty hunter is defined as: any person who tracks down, locates and captures any person or animal for a fee or monetary reward.  For example, any person who traps and captures rabid and stray animals and receives a fee for the capture is, by definition, a bounty hunter.     Bounty hunters are not regulated by anyone.  The term 'bounty hunter' is often misused and confused with 'skip tracers' and/or 'bail bond enforcement agents'.  Both skip tracers and bail bond enforcement agents ARE regulated by various statutes, laws, and ordinances depending on the state and local jurisdictions.   Because the term 'bounty hunter' is so misused, people get confused as to what IS and what IS NOT a bounty hunter.  One key element that separates the two is the word capture.  A person who locates missing persons but does not capture them is NOT a bounty hunter.  Likewise, someone who locates people to serve process or enforce bail bonds is not a bounty hunter.  More than likely, they are a private investigator, an officer of the courts or duly licensed.   The history of the bounty hunter goes back far before the laws of modern or written day.  A federal law of the 1800's gave the bounty hunter authority to track down, capture and bring in outlaws; and thus began the mystery, ruthlessness, danger and relentless reputation that surrounds the profession of bounty hunting even today.   So yes, bounty hunters still exist, still hunt outlaws and animals and are still surrounded by mystery and myth.  However, the importance we now place on an individual's civil rights and liberties as well as current legal regulations have changed the profession and changed 'bounty hunters' into what we have today. 

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Private Investigation & Security

M King aka Hunter

2003-06-01 15:46:00

:  It normally happens that crime increases during the summer.  With the economy like it is and with high unemployment, isn't crime more likely to be a bigger problem?  If so, what can be done to lessen it?

ANSWER: The reason crime increases during the summer months is due to the fact that folks become careless/complacent and down right foolish in protecting themselves,  their property and families.  With better weather, thoughts of barbecues and family outings in the forefront of peoples minds, the thoughts of protection fade away.  This only makes it easier for the criminal element to strike.   The criminal element knows this and waits to break in, steal or mug.  They know that in the hustle and bustle of getting ready to go to the lake, people forget simple basic things such as: turning on light timers, locking garages, stopping mail delivery, asking the neighbors to keep an eye on the property and other things.   People also forget to keep themselves safe. They forget or overlook basic tactics.  Carrying wallets in the front pockets, locking car doors while in the auto, using the buddy system while in clubs and other public places, and other simple common sense preventative tactics.   People need to practice the same deterrent measures in the summer as they do in the winter.  Carelessness equals opportunity which equals VICTIM.   SLOW DOWN AND THINK.  That is the best way to stay safe all year long.  Under the law a crime can only be committed if 3 elements exist: means, motive and opportunity. People can't remove means or motive, yet they can remove opportunity.   The economy and high unemployment only breeds the criminal element. With the stress of trying to feed families and pay bills, to some, crime is tempting.  Desperate times call for desperate measures. DON'T BECOME A CRIMINAL.  HELP IS AVAILABLE.   In a final thought, always practice safety all year long. Slow down and think. Use the light timers, form a neighborhood watch, lock doors, put away tools, keep the shrubs trimmed low, etc.  Do this all year long.  Also, if in doubt, take a crime prevention class and learn from experts in the business. Don’t become a victim because you’re not thinking.

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Private Investigation & Security

M King aka Hunter

2003-05-01 12:22:00

:  I used to work with a gentleman in California in the advertising business.  I have not seen or heard from him in over 10 years. All of the people that knew him do not know where he is today. How would one go about trying to find him?

ANSWER: First I must caution you that this issue has many facets. There are a lot of reasons a person "disappears" or can' t be found: legal (they may be incarcerated or under a witness/victim protection program), mental or physical illness, or they simply do not wish to be found.     Before looking for someone, seriously think about why you want to find them and the possible ramifications of the search and find. Be respectful of the person. Consider the privacy of the person you are trying to find and how it may affect their lives.     There are many ways to go about finding someone. Some methods must be performed by a licensed professional. I'll address a few anyone can do:     Never break the law when you are searching for someone. You may end up paying a stiff penalty if you do. If you know the person’s last mailing address simply mail them a letter with the envelope marked "address correction requested". The post office will return the letter with the last known address written on the back. This works only if they have it on file.    You can use the old, reliable phone book. Most libraries keep old phone books on microfilm. Simply go to the closest library to his last known address and review the old phone books. I've found this to work when I'm working a case involving past resident history.     Another way, which may be risky, is to talk to his last known employer. Be advised that many employers will not answer unless you are a licensed professional. Simply ask the employer for your friend's last known address. They may oblige you.     My final suggestion requires money, but it does work. If you know your friends' hometown or other places he's lived, simply put a small ad in the local newspaper. Example: Anyone knowing the whereabouts of John L. Smith who used to live at 1212 N. Main, The City in 1943, please call 1-800-222-3333. You may receive responses such as, "Why are you looking for him?" or "Are you willing to pay for the information?" Case to Point: We recently solved a case, of a missing person who had been gone for 37 years. This tactic paid off in less than 3 weeks (19 days to be exact), it also cost more than $2000.     You may consider hiring a private investigator. Be prepared to answer specific questions and to spend some money. Also, don't be surprised if a reputable investigator who feels that your reason for looking for this person may be illegal turns you down. Of every 10 missing person cases that I am presented with, I deny 7 or 8.     Overall, use tact and compassion in your search. Good Luck!

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Private Investigation & Security

M King aka Hunter

2003-04-01 11:45:00

:   We suspect that our daughter is being physically abused by her live-in boyfriend. She won't confide in us. We fear for her safety. What can we do to protect her?

ANSWER: This question is far more common than the general public realizes. Unfortunately, has no easy answer. First the concerned family member must show compassion and support for the victim. Let your daughter know that help is available through counseling and support groups. Help her understand that she doesn't have to live like this. Reassure her that she is not alone, and that there is no shame in letting the truth be told. What her abuser is doing to her is not love, no matter what she has been told. Most importantly, to protect your daughter's safety, report the suspected abuse to the proper legal authority. The Wichita Police Department, SRS, and the local District Attorney's office will accept the report and protect the reporter's identity. They will investigate. You must provide the authorities with the victim's name, age, physical description, their contact information, and the reason for your suspicions (i.e. bruises or change in behavior...). Be prepared to supply as much information, concerning the suspected abuser, as possible. Document everything that you know about the victim and the suspected abuse. Photos (if possible) or incidents and the dates that they occurred, or you became aware of them. The early signs of abuse may be detected in normal conversation, i.e.: their tone of voice, use of words, attitude, etc. Home videos that have the victim in them can be very useful. You may need to hire a private investigator. Be prepared to testify in court, if necessary.Avoid confronting the suspected assailant with your suspicions. Also, be prepared to face the wrath of the victim by your "interference." The victim may resent you now, but in the long term will understand why you stepped in. To ignore suspected abuse is nearly the same as being the abuser. Report your suspicions; get your daughter the help she needs.

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Private Investigation & Security

M King aka Hunter

2003-02-01 11:55:00

: How is sexual assault defined?

ANSWER:  According to Ballentine's Law Dictionary sexual assault is defined as "the act of taking liberties of a sexual nature without the consent of the other person and is gender neutral."  Sexual assault is also called indecent assault/rape/molestation and other terms based upon the local jurisdiction.  By legal definition sexual assault is a broad term which may or may not involve physical contact.  Saying to someone "you have nice breasts", or saying "you look good, let's have sex", can be construed as sexual assault. The physical act itself is not open to interpretation.   Forceful intercourse (rape) and fondling are clearly sexual assault.Contrary to popular thought and belief, sexual assault is not an act of sex.  It is the act of "who's in charge, who's tougher and more dominant".  Simply put, sexual assault is the same thing as a person pointing a loaded gun at someone who is unarmed.  The power of life and death rests with a single movement.  To victims of this act… it is the same.QUESTION:  How often does sexual assault occur?ANSWER:  Sadly and horribly over 300 sexual assaults will have occurred by the time it takes to read this article.  The worst part is that most will not be reported nor will the assailants ever face justice in a court of law.  True numbers of victims may never be known as the vast majority of sexual assaults go unreported.  Instead… the victim remains silent.  Shame, guilt, "you asked for it", threats, intimidation of retaliation by the assailant and even family members, as well as the horror of the event keep many victims silent.Yes, family members sometimes play a major part in keeping the victim from reporting this crime.  Parents, spouses and friends have played a part in allowing many assailants to go free, and allowing them to strike again. Assault must be reported.QUESTION:  Who is most at risk?                                 ANSWER:  Everyone is at risk of being a victim of sexual assault.  The majority of victims are the elderly, children, singles, women, feeble and the disabled .  This translates into the fact that the majority of victims and those at most risk of sexual assault are the weak or those most apt to put up the least amount of resistance and those less able to defend themselves or defend their loved ones.  Seldom does sexual assault happen to someone who has the means and ability to resist either by physical means, training or mental preparedness.  These characteristics can be changed, which in turn reduces the chance of being a sexual assault victim. Self defense classes… prevention classes and other methods exist.  Use them.  The bottom line is… nobody deserves or asks to be a victim of sexual assault.