How to Do a Stakeout for Process Servers

by Nelson Tucker, CEO, Process Service Network, LLC www.processnet1.com

One of the most boring tasks a private investigator or process server may ever undertake is performing a stakeout on a defendant, party or witness (subject). At the same time, it is one of the most lucrative ways to generate income in the profession. 

Beware: a stakeout with an unsuccessful result will often cause friction between you and your client; some will even refuse to pay you, even though you did your job! Therefore, it is crucial to do the task correctly and efficiently.

These basic “rules” must be followed, without exception:

1.     Advise your client, IN WRITING, (preferably in an email) that:

a.     You are pleased to perform the stakeout but that there are possible risks which are beyond your control, such as subject not present during agreed to stakeout period, and that payment is due whether, or not, you are successful;

b.     There is a minimum number of hours to perform a stakeout – typically 4 hours; that means if you are able to serve the subject in just one hour, you will bill for a full four hours. Some process servers charge drive time to and from the stakeout location; that is optional;

c.      Your client should set the time parameters recommended for stakeout;

d.     You cannot accept phone calls during the stakeout for a status update. Instead, advise that you will call the client immediately after the completion of the stakeout to give an oral report.

2.     Advise your client, IN WRITING, as to the charges to be billed:

a.     Your hourly rate ($75-95), plus service fee, if any, and other charges;

b.     Your fees are for work performed and time used, not for success. You cannot guarantee that the subject will be present during the time you are on the stakeout, just as an attorney cannot guarantee that his/her client will win a case;

c.      Get a written confirmation from your client as to an agreement to the proposed charges.

Methods for an effective result:

 1.     Do your homework! Before going to the stakeout location:

a.     Run a background search on the subject; you are looking for:

                i.     Age

               ii.     Addresses

              iii.     Vehicles

              iv.     Spouse

                v.     Phones

b.     Google search

                i.     Any information

c.      Social media (you are looking for any clues as to interests, hobbies,           anything that will help you better understand the habits of the subject)

                 i.     Facebook

               ii.     Twitter

               iii.     LinkedIn

d.     Your client

                i.     Obtain all data on the subject that is available from your client

2.     Arrive early - typically 15 minutes before the scheduled time

3.     If your budget allows, use a second agent in his/her own vehicle to assist with the stakeout. This serves several purposes:

a.     Allows you to take a break, when necessary

b.     Creates multiple vantage points to observe subject

c.      You can spend time conversing (via cell)

4.     Park in the best location possible to:

a.     See the property without being seen – visibility of front door and garage

b.     As close as possible – never directly in front of the premises!

c.      Have quick access when the subject leaves the premises or arrives in vehicle – walk briskly, even run, if necessary before the subject gets away

5.     AVOID the following:

a.     Use of binoculars and cameras – this makes meddlesome neighbors nervous

b.     Drinking large amounts of liquid – avoid having to use a restroom as that seems to always be the time that the subject becomes visible

c.      Continual driving past subject’s premises

d.     Contact with neighbors who may tip off the subject. Sometimes a neighbor will approach your vehicle and inquire as to why you are parked there. One explanation is you are waiting for someone (have a name), or you are performing a stakeout for a drug bust (that usually moves them away)

6.     Use resources which are available:

a.     Contact the local Police Department and advise as to your intent and location

b.     Take discreet photos of the location in order to verify your presence. Hold your watch or timepiece in front of the camera (cell camera is better) to document different times during the stakeout (at beginning and end)

7.     When the subject is spotted:

a.     Have the documents ready, in advance

b.     Move quickly – walk briskly, even run, if necessary, before the subject gets away

c.      Do not ask for verification of the identity of the subject by their full name as that will create a barrier to cooperation. Instead, call out “Marcus?” You will be able to determine if it is the “Marcus” you are looking for by his actions. You will already have his description and vehicle if you did your homework.

d.     Don’t accept excuses that he is not your subject. If you truly believe that it is him, serve him!

e.     Take a photo of him after you hand him the papers (extremely important for verifying service and satisfying your client)

8.     Following the subject:

a.     Sometimes a subject will be able to leave the premises before you can effect service

                i.     Follow until the subject stops at a stop sign or stop light and pull directly behind subject’s vehicle

               ii.     Exit your vehicle with emergency lights flashing

              iii.     Look for oncoming traffic

               iv.     Run to the subject’s window and call out their name

                v.     If they open the window, hand them the documents; if they refuse, toss them inside the car

             vi.     If they refuse to open the window, place the documents under the windshield

            vii.     Again, watch for traffic!

             viii.     You will only have less than 30 seconds to complete this entire procedure – practice it at home

 There’s more!  Your job is to do it and fill in the blanks.  Good luck!