Are Private Investigators Legal?

Private investigators (PIs) are not just detective characters in crime movies or novels. They’re real professionals who help people solve personal, legal, and business problems. From uncovering hidden properties in a divorce case to investigating embezzlement in a business, private investigators play an important role in helping individuals, businesses, and legal teams find the truth. But despite their growing use, many people still wonder: Is it actually legal to hire a private investigator?

Yes, private investigators are legal in the United States. You can hire a PI to help you gather information, perform surveillance, or locate people, provided they operate within state and federal laws. Every licensed PI must follow strict regulations, and if they break them, both they and the client could face legal consequences.

At On-Call Legal Process Servers, our licensed private investigators are experienced professionals always available to serve as your needed support system. From marital disputes to complex corporate fraud, we provide advanced surveillance and investigative services for a variety of clients including insurance companies, legal firms, corporate entities, and private individuals. Schedule a free consultation with us now to discuss your needs.

In this blog, we’ll explain what private investigators are allowed to do, what they cannot do, when it’s legal to hire them, and what to look out for when choosing a reputable investigator. We’ll also cover when to first speak to a lawyer and answer some frequently asked questions.

What Is a Private Investigator?

A private investigator (PI) is a licensed professional who helps people gather information, conduct surveillance, and uncover facts that are not easily accessible through public means. They’re also known as private detectives. Unlike police officers and other law enforcement agencies, PIs work privately for individuals, law firms, and organizations to unmask facts about legal, financial, or personal matters. They do not have government authority and must operate in compliance with federal, state, and local laws.

PIs employ various methods such as photography, video recording, and GPS tracking to monitor activities and track individuals. In the United States, you can hire a PI for surveillance, locating missing persons, background checks, and gathering evidence for legal proceedings. They’re mostly useful for marital infidelity case investigations, workers’ compensation claims, child custody disputes, and insurance fraud investigations.

Is It Illegal to Hire a Private Investigator?

No, it is not illegal to hire a private investigator. Hiring a PI is legal, provided that the work is done according to the law. However, the PIs must adhere to the specific regulations guiding their operations in their jurisdiction. These legal rules vary by state, and investigators can face serious consequences if they violate them.

For example, private investigators need a license to operate. While there’s no federal licensing for PIs, most states require PIs to be licensed through a state agency or a private investigative licensing board. In California, the Bureau of Security and Investigative Services (BSIS) is responsible for licensing PIs. Meanwhile, in Texas, PIs are licensed by the Texas Department of Public Safety (DPS).

To get a PI license in most states, the PI must be at least 18 years old and must pass a criminal background check. In some states, they‘re required to pass a written test on laws and procedures, and must have liability insurance or a surety bond. Only a few states, like Alabama, Alaska, Mississippi, South Dakota, and Wyoming, do not have statewide licensing for PIs. Yet, some of these states still enforce PI regulations at the local or county level.

What Private Investigators Cannot Do

There are certain legal boundaries that private investigators must not cross as they carry out their investigation work. In the U.S., these restrictions include the following:

1. Wiretap Phones Without Consent – PIs are not allowed to install wiretaps or record phone conversations or electronic communication unless they have the consent of the parties involved. While some states like California require a two-party consent, meaning all participants of the call must agree to the recording, other states like Alabama require the consent of at least one party, known as one-party consent. Violating this rule is a breach of the Federal Wiretap Act and may result in criminal charges.
2. Trespass on Private Property – It is illegal for PIs to enter private property or a restricted area without permission. They cannot break in, peek through windows, or use hidden cameras in such areas.
3. Hack Emails, Phones, or Computers – Under state and federal laws, it’s unlawful to access people’s computer, phone data, email, or social media without their consent. Therefore, a PI is not allowed to use spyware or other hacking tools to access private information.
4. Impersonate Law Enforcement or Government Officials – Impersonation is a criminal offense. PIs are not allowed to disguise themselves as police or government personnel. They must not wear fake badges or anything that poses them as law enforcement agents.
5. Obtain Protected Information Illegally – Some records, such as bank account information, credit reports, or medical records, are protected by privacy laws. A PI must obtain legal permission to access such data for a private investigation.
6. Install GPS Trackers Without Authorization – Most states allow PIs to legally place a tracker only on the PI’s client’s vehicle or with the consent of the vehicle owner. Installing a tracker on a vehicle without the owner’s consent is illegal surveillance or stalking. PIs are also not allowed to engage in electronic surveillance without proper authorization.
7. Harass, Threaten, or Use Force – Private investigator laws prohibit PIs from unethical practices such as using threats or physical force to get information. Whether they’re interviewing or tracking individuals, they must do so respectfully and according to legal standards.

What Private Investigators Can Legally Do

As they carry out their duty, private investigators are legally allowed to take certain actions and use strategies that help them track people and uncover hidden information. They’re allowed to:

1. Conduct Surveillance in Public – PIs are allowed to follow individuals in public places, such as stores, streets, or parks, where privacy is not expected. In such places, they can take photos, document patterns or routines, and gather visual evidence provided that they don’t trespass or harass the subject.
2. Access Public Records – PIs can legally access and obtain public information such as court records, property ownership and deed records, business licenses and corporate filings, marriage, and death records. They use these records to trace a subject’s assets or verify identities.
3. Perform Background Checks – When permitted by law, PIs can conduct background checks for criminal records, civil judgments, professional licenses, and business affiliations. With that, they assist attorneys, employers, or private citizens looking to verify someone’s past or present activities.
4. Locate People (Skip Tracing) – In legal proceedings where one party is hard to locate, PIs can use advanced surveillance and tracking techniques to track them. Clients hire PIs to use skip tracing to find lost relatives, debtors, or people trying to avoid or evade process service.
5. Interview Witnesses and Sources – It is legal for PIs to speak with anyone potentially connected to a case at hand, including neighbors, friends, or coworkers. Interviewing such people can help discover hidden facts or clarify claims. PIs can decide to omit their client’s identity, but cannot misrepresent who they are.
6. Use GPS Devices With Consent – When permitted, PIs can install a GPS tracker in their client’s vehicle. Remember that they cannot do so without obtaining proper consent.
7. Serve Legal Documents – Licensed private investigators also serve legal papers, especially in cases where the recipient is evasive or proving hard to find.

When to Consider Hiring a Private Investigator

Most times, movies depict private investigators as detectives who track cheating spouses or spy on criminals. But in reality, PIs are more professional and offer a wider range of services. You can hire a PI for various personal matters, business situations, and legal cases.

People usually hire PIs for sensitive personal cases that require evidence and confidentiality. Such situations include investigating a suspected infidelity in a relationship, running a background check before marriage, or verifying financial income in a child support case.

You can also hire a PI for business cases involving asset protection or financial investigations. Example situations include employee background checks, investigating internal theft or embezzlement, and confirming insurance claims.

Clients also hire PIs for legal cases that require gathering evidence or locating witnesses. They can help collate evidence for civil lawsuits, document co-parent behavior, or uncover hidden assets in divorce or probate cases.

When to Consult an Attorney First

While PIs are useful, some situations require legal advice before an investigation begins. If your case involves legal rights, court filings, or potential criminal charges, always talk to an attorney first. An attorney can tell you if hiring a PI is the right move, and they may even refer you to one they trust. In some cases, the attorney may supervise the PI’s work to protect confidentiality under attorney–client privilege.

Consult an attorney if:

• You’re considering legal action (lawsuit, divorce, custody battle).
• You’re under investigation or facing criminal charges.
• You want to ensure evidence will be admissible in court.
• You need help navigating privacy laws or civil rights issues.
• You’re unsure whether the investigation itself might cross legal lines.

How to Choose a Legal and Reputable Private Investigator

PIs can help you solve many problems, from serving a hard-to-find defendant to conducting background checks and investigations. But if you hire the wrong investigator, you may end up wasting money, receiving false information, or even getting into legal trouble. That’s why you need to understand how to get a PI who’s qualified and most suitable for your case. Here are some guidelines to help you:

1. Verify Their License

The first step is to verify that the PI has a valid license in your jurisdiction. Don’t assume; ask them directly for their license number. Having a valid license means they’ve fulfilled the licensing requirements according to their state law, which qualifies them for legal investigative services. If they refuse to provide their license on request, it’s a red flag. In addition, watch out for former police officers disguising themselves as private eyes who are above the law. Such PIs may use illegal methods to obtain information, making them non-admissible in court.

2. Confirm They Are Insured and Bonded

Most reputable private investigators have liability insurance and sometimes a surety bond. The insurance protects their client in a situation where the PI causes any damage while working on their case. Without the insurance, you might face some financial risks if anything goes wrong during the investigative services. Again, don’t assume all PIs are insured. Make sure you ask for proof of insurance.

3. Ask About Their Experience

Different investigators offer varying services. It’s best to find a licensed private investigator who has successfully handled cases similar to yours. More experience in your type of case means they’re more likely to succeed in yours. In addition, enquire if they work independently or as part of an agency.

4. Check Their Reviews and References

One of the best ways to know if a PI is efficient is to check their reviews. Check for client testimonials on platforms such as Google, Yelp, or the Better Business Bureau. If you can, get direct reviews from verifiable past clients who are not biased about them. Ask about how satisfied they were with the results, communication, and ethical standards. The reports you get from these sources will give you a good idea of what to expect.

5. Ask to See Sample Reports

If your investigation reports are to be used in court, you want to make sure they’re written correctly and everything follows the approved legal methods. If they use illegal methods like trespassing or illegal recordings, the evidence could be thrown out and hurt your case instead of helping it. Therefore, even after hearing from previous clients, you can still ask legal investigators for sample reports to see how they document their findings. A good report usually includes dates, times, a detailed summary of their findings, and photos and videos where necessary.

5. Get a Clear Written Contract

Before you finalize a deal with a PI, make sure you sign a written agreement. The agreement should outline their expected services, the cost, the time and method of payment, and the duration of the private investigation. If you don’t understand any part of the contract, be sure to ask questions before you sign it. Avoid any PI who pressures you to start work without a contract or gives vague answers about pricing or procedures.

6. Pay Attention to Their Communication

Professional private investigators usually keep you updated throughout the private investigation. They should return calls, provide updates, and explain things clearly when necessary. Even from the first consultation, observe their communication. How fast do they respond? Do they pay attention to your questions? If the investigator is hard to reach or avoids your questions, that may be a sign of poor service later on.

7. Check Their Industry Memberships

Although it’s not a strict requirement, most reputable PIs are members of professional organizations. Most of these organizations require their members to obtain professional training and follow proper protocols so that they do not violate state and federal laws. Examples of such professional bodies include the National Association of Legal Investigators (NALI) and the National Council of Investigation and Security Services (NCISS).

Need an Experienced Private Investigator?

Are private investigators legal? Yes, private investigators are legal and valuable professionals as long as they operate correctly and within legal boundaries. They can help you solve personal, business, or legal challenges by gathering facts you wouldn’t be able to uncover on your own. But before you hire a PI, ask the right questions. What are private investigators allowed to do? Do they have the license to operate legally? In addition, it might be best to consult with an attorney to determine if hiring a PI is the best decision for your case.

You can trust our experienced private investigators at On-Call Legal Process Servers for investigative services that comply with all relevant legal requirements in your jurisdiction. We’re also professional process servers and can help you deliver your legal documents in California and nationwide. Schedule a free consultation with us today to discuss your needs.

FAQs

What Happens if a Private Investigator Gets Caught?

If a private investigator is caught breaking the law, such as trespassing or illegal surveillance, they can face fines, license suspension, criminal charges, or even jail time. The client may also be held legally responsible if they directed or approved the illegal activity.

Can a Private Investigator Spy on Someone in Their Home?

No, a private investigator cannot legally spy on someone inside their home where there is a reasonable expectation of privacy. Doing so would be considered illegal surveillance or trespassing.

Can Private Investigators Carry a Concealed Weapon?

Yes, but only if they have a valid concealed carry permit and meet their state’s licensing and training requirements. In some states, private investigators must also obtain a separate firearms endorsement or permit specific to their investigative license.

Can a Private Investigator Be Used in Court Cases?

Yes, private investigators often collate evidence that can be used in civil or criminal cases. However, the evidence must be obtained legally to be admissible in court.

How Do I Know if a Private Investigator Is Licensed?

Ask for their license number and verify it with your state’s licensing agency or database. Most states have an online portal for checking PI license status and disciplinary records.

How Much Does It Cost to Hire a Private Detective?

On average, private investigators might charge anywhere from $50 to $100 per hour, with additional expenses for mileage, reports, or special equipment. They may also offer a flat rate for services like background checks or vehicle tracking. You can check our comprehensive blog on the cost of hiring a private investigator.