THE Legal Issues Surrounding Dumpster Diving

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THE
Official Newsletter of the Georgia Association of Professional Private Investigators, Inc.
UPCOMING
MEETINGS
Mark Your Calendar for
November 4 & 5, 2011
for the 8th Annual
Southeast Investigators
Conference
The Next
GAPPI Atlanta
Chapter Meeting
December 13, 2011
at Ryan’s Restaurant
705 Jimmy Carter Blvd.
Norcross
(770) 840-9096
Networking and lunch
from
11:30 a.m.—12:00 noon
Meeting from
12:00 noon—1p.m.
The cost is $15.00 for
GAPPI members
$20 for non-members
(includes lunch and
beverage)
$10 for meeting only no lunch
Students and potential
members are always
welcome.
“We look forward to
seeing you all there!
Legal Issues Surrounding Dumpster Diving
Editor’s note: This article is not meant as a substitute for professional legal advice. It is
simply a reminder that private investigators can make dumpster diving a less risky part of
the job by arming themselves with relevant legal knowledge.
Although it’s not the most glamorous part of a private investigator’s job, sifting through
trash (a.k.a. dumpster diving) can turn up game-changing information. The credit card receipts, photographs, letters and other materials potentially obtained from trash receptacles
may be just what you need to solidify a case.
Accessing this trash/treasure isn’t always easy or possible. The growing risk of identity
theft has led to stricter laws in some areas, which makes things more difficult for private
investigators. Investigators who recover trash in violation of local rules could be at risk of
having to defend themselves against trespassing or theft charges.
In order to protect yourself legally, conducting research about the area in which you’re considering dumpster diving could save you from costly court battles later on. Here are a few
things to look for when exploring whether dumpster diving is legal in your area.
Know your local laws
State and local laws regarding access to trash vary, so the first thing you need to do is learn
what your local laws have to say. For example, the laws in your area covering dumpster
diving could be so relaxed that you have free access to trash in most situations. Or the laws
could define “public areas” more strictly than in other locations, which would affect your
ability to dig through trash in areas such as street curbs or a dumpster next to an apartment
building. And then you have places like Layton, Utah, where the city has banned dumpster
diving entirely by imposing a city ordinance.
The main thing to understand here is that before trying to take trash from somewhere, you
should have a solid knowledge of the local governing rules. Things you should pay close
attention to include:
Private property vs. public property
Where the dumpster is located on the property can play a large part in whether the
trash digging is deemed legal or not. If the trash is placed on the curb, it’s more
likely to be considered in the public domain. If the trash container is right next to a
house on a private driveway, your activities may be considered trespassing. Again,
this distinction is entirely up to local laws.
2011 Officers
President
Roy Wilkinson
Vice President
Pamela Griggs
Secretary
Ted Viator
Treasurer
Tracy Steele
Board Members:
Willis Craig
Apartment buildings
Collecting trash near an apartment building or other multi-unit living area is a situation that requires thought and knowledge of local laws. If the trash is located in a
gated area of the complex, or in some other area not easily accessed by the public,
you could be risking being accused of trespassing. It may be worth inquiring whether
the trash collectors will cooperate with you during your investigation, or learning
whether it makes a difference to the law if you received permission from the property
owner before proceeding.
Office buildings
The same rules regarding private property often apply to office buildings, so private
investigators need to tread carefully in these areas. Over the years, businesses and
organizations have become extremely sensitive to the threat of people stealing corporate trade secrets from the trash, and some courts have implemented legal measures to
protect these organizations’ interests.
Locked vs. unlocked trash containers
If you’re wondering whether it’s legal to rummage through a trash container because
it’s unlocked, it’s probably not okay. The legality of this depends more on the local
laws and the location of the container than whether it is unlocked.
Michael Barker
John Roberson
Immediate Past President
Glenn Christian
Final words of advice
As we stated at the beginning, keeping yourself informed is the best way to add dumpster diving to your services while also staying on the right side of the law. Discussing the law with a
lawyer, your peers and your state association should give you a firm understanding of what is
and isn’t legal.
This article was provided by Pinow.com.
How to Market Your Private Investigation Firm to Attorneys
Just like most service providers, private investigators sometimes have to go directly to potential clients instead of waiting for people to discover them. The direct approach gives you more control over your search for new clients, and it
allows you to target exactly who you’d like to work for.
PInow.com asked members of its LinkedIn group for investigators about how they market their business to attorneys,
since law firms are often a steady source of work for investigators. Here’s what some group members had to say about
tried-and-true methods that work for them.
George Turner
We have been marketing to law firms (large & small) throughout the state (California) on a continual basis for over 30
years. We learned that signing up the sole practitioners was much easier than signing larger firms.
Also, traditional advertising to attorneys usually does not work effectively. More often find private investigators
through referrals via other attorneys, attorney ListServs, MCLE events, etc.
We started out by cold-calling their offices (family law & litigation attorneys). It's very difficult, but it works in the
long run.
Jim Sylvania
Prior to marketing directly to attorneys, we started working for insurance companies but I quickly decided that I didn't
like the fact the insurance industry dictated what rate they would pay me. I charge what I feel I am worth, not what
someone else is willing to pay me! I stopped accepting insurance company bread crumbs and never looked back!
Having worked as an in-house investigator for a large law firm for a number of years I found the best way to connect
with contract investigators was word of mouth. To what organizations does the investigator belong, any publications?
You have to market yourself just like any expert. If you’re a screw up then the word gets out fast. If you are professional you'll become known in the legal community as someone who can complete the task. Speak at Bar functions,
stop by their watering holes, anything to get your foot in the door and once you're in do good work.
Steve Bellavigna
I know these days it’s hard to perform a service and not be paid. However I have found that if you offer to take on a
case that the attorney is having the most difficulty with, for instance maybe to locate a certain witness or asset search
etc. And you offer to do it for free just so you can show them how good of an investigator you are, and you are SUCCESSFUL. Chances are good they will give you another assignment. And this time you will be paid whatever your fee
may be for your services.
Wanda Michael
Everyone has great ideas. I wanted to share one thing that has well worked for me in North Alabama and Middle Tennessee. The Attorneys have a mailbox somewhere in the Court House. Usually in the Clerks Office. I carry flyers with
my card attached and place in each of their boxes. I then follow up with a phone call after a couple of days asking if
they received my info. This cuts my cost of postage but reaches all of the Attorneys in that County. While delivering
my flyers I make a point to meet the clerks there in the office and pass out a few cards. After all they have daily contact with the Attorneys and are a wealth of information on what’s going on with the cases.
I agree that doing some work at no charge to show the Attorney your work is a Great idea and has worked out good for
me.
Brian Poirier
Since I've just started my own PI agency, this is a topic I've been tackling and learning myself. I've only been operating
"on my own now" for about 6 months. I do work predominantly for 3 types of clients: Attorneys, Businesses & other
PIs.
Since the topic here is about Law Firms, I'll focus on that.
Primary Marketing:
I contacted several attorneys and law firms I had done work for in the past, including some that I have known for over a
dozen years. They knew me, and my quality of work, and started using me in my new firm.
Next step:
I asked for referrals from these existing clients, and they started giving me some. I gave them a lot of my business cards,
and when they talked to another attorney that needed my type of services, they handed out my cards. I got a couple of
new attorney clients this way (as well as several business clients that had used the attorneys).
Another step:
I know a couple of people I used to work with often who were investigators but have left the field (one is a sheriff now,
one is retired, one is a business consultant, etc). I've asked them for referrals and they've been great at doing it when
they get calls from their old clients for work. With some I have actually made "referral contracts" where they get a small
referral fee for each new client they bring me (with a possibility of additional bonuses for new work the client gives me
for the next year). That's been a heck of a source of new clients/business.
Now my newest tactic has been "cold calling", but in person. Whenever I am visiting a client, I make it a point to stop at
another nearby law firm and drop off some cards/brochures and introduce myself. So far this has only netted one small
case, but I have not been doing that part for long.
When I recently became certified to serve civil process in Texas and informed my attorney clients of the fact, that added
a bunch of new business to the ball game. One comment was along the lines of they like that they can now go to one
place to do a locate, then service, then possibly a background and/or asset search.
But make sure you provide stellar service: Jump through hoops, go above and beyond, answer those 9 PM calls, etc.
Make them so dependent on you it will be impossible for another investigator to crack into that firm. And lawyers talk.
Be their "secret weapon" they share with friendly colleagues.
This article was provided by Pinow.com.
Below is the 2012 GAPPI Election Ballot. It lists the Executive Officer and Board Member Nominees that will be voted on at the 8th Annual Southeast Investigators Conference. There will also
be proposed GAPPI Constitutional Amendments to be voted on. Please take a moment to review
the ballot prior to the meeting and if you have any questions please contact our Executive Director,
Vernon Thomas, at 404-766-1632.
Mark Your Calendar!!
Start earning CEU’s now for your next renewal
at the 8th Annual Southeast Investigators
Conference on Nov 4-5, 2011. Come network
with other professionals and attend some great
educational sessions.
The Connection is published 11 times a year (monthly, Nov/Dec issue is combined) by the
Georgia Association of Professional Private Investigators, Inc. (GAPPI). The staff of The
Connection reserves the right to review and edit articles, advertisements, or other writings that
are submitted for inclusion in this newsletter. The writer may contact The Connection Editor
to request an exception to this policy. Articles printed in the newsletter may not necessarily
reflect the views of GAPPI officers or members, and GAPPI does not necessarily endorse any
product or service advertised in the newsletter. Contact GAPPI at [email protected], 404766-1632 for advertising information or notification of change of address, phone or e-mail.