A private investigator or private detective is a person who secretly follows and observes persons in public places for the purpose of witnessing behavior and collecting evidence of any illegal or improper activities (photos, videos, etc.). During the divorce process a spouse who suspects their spouse of cheating (adultery) or other improper or illegal behavior may hire a private investigator to follow or “tail” the other spouse.
In Hawaii, private investigators are regulated under state law and must be licensed to legally conduct surveillance and investigative work. The Hawaii Revised Statutes Chapter 463 requires private investigators to obtain a license from the Board of Private Detectives and Guards. The licensing process includes meeting certain qualifications, such as experience and training, passing an examination, and undergoing a background check. When hired during a divorce process to investigate a spouse for suspected adultery or other improper behavior, private investigators must adhere to legal guidelines regarding privacy and surveillance. They are permitted to observe and collect evidence in public places, but they must not engage in illegal activities such as trespassing, harassment, or violating someone's reasonable expectation of privacy. The evidence collected by private investigators can potentially be used in court proceedings, provided it has been obtained legally and is relevant to the case.