What Information Can a Private Investigator Find Legally?

Private investigation is on the rise in the U.S., with about 3,500 job openings each year, according to O*NET Online and the U.S. Bureau of Labor Statistics. That means more individuals and organizations are relying on private investigators to gather or uncover critical information in personal, legal, or corporate matters. But what kind of information can a private investigator legally access or find?

A private investigator can legally find information such as public records, background and criminal history, financial records, surveillance observations, social media and other digital footprints, and the location of individuals. However, they must operate within strict legal and ethical boundaries, and violating these rules may attract legal consequences for not just the investigator but also the client.

At On-Call Legal Process Servers, our licensed private investigators are experienced professionals always available to help you find the information you need. We provide advanced surveillance and investigative services for a variety of clients including insurance companies, law firms, corporate entities, and private individuals. Schedule a free consultation with us now to discuss your needs.

This blog breaks down the types of information private investigators can legally uncover, what they’re strictly prohibited from accessing, and how to hire a licensed PI without crossing legal lines.

Is It Legal to Hire a Private Investigator?

Yes, it is legal to hire a private investigator in the United States. You can legally hire a PI to gather evidence for business cases such as investigating embezzlement, insurance claims, or employee background checks.

In legal proceedings, individuals and law firms can hire a private investigator if they can’t find someone to serve court papers because they’re evasive or hard to locate. In some cases, individuals hire PIs for personal reasons such as verifying income in a child support case or investigating suspected infidelity in a marriage.

However, even though hiring a PI is legal, the methods they use must comply with privacy and surveillance laws applicable in their jurisdiction. Beyond privacy laws and licensing requirements, state laws also specify the legal and ethical boundaries that both the client and the investigator must follow to avoid legal consequences.

Private investigators must also fulfill the operational requirements in their state. For instance, PIS needs a license to legally operate in most states in the U.S. In California, PIs are licensed by the Bureau of Security and Investigative Services (BSIS). To be licensed, the PI must be 18 years or above and must pass a criminal background check.

Types of Information Private Investigators Can Legally Find

PIs can legally find information in public records, social media and online activity, and other accessible information through public databases, surveillance, and investigative tools. The type of information they can legally access depends on local laws and professional ethics standards. Let’s look at the most common and legitimate sources of data they access.

1. Public Records

Public records are documents that anyone can access to find information. They include court documents like criminal records, civil lawsuits, or bankruptcy filings. PIs can also find marriage and divorce records, which show when and where people got married or separated.

Property records are another useful source. For example, mortgage records might show who owns a home or land, how much was paid, and if there are any loans or liens attached. Business records, like licenses and registrations, can tell who runs a company or owns part of it. Voter registrations and professional licenses also help confirm a person’s identity or job status.

2. Background Checks

With thorough background checks, PIs help clients learn more about someone’s past. For example, a PI might conduct a background investigation into someone’s employment history or education records to verify their claims. They can check for any criminal history, including arrests or convictions. PIs also run alias and identity checks to verify names and identities, especially if someone is using more than one name.

They might also check address and phone contact records to get more information about a target’s previous or current location. This kind of information is often used in hiring, legal cases, or personal matters like dating or divorce.

3. Financial Records

Although PIs can’t look directly into someone’s bank account or credit score without permission, they can still find out a lot about a person’s financial situation. They can see if someone has filed for bankruptcy or owes money through court judgments. They might uncover liens on property, which means money is still owed on it.

A PI can also find out if someone owns valuable assets like cars or real estate. Sometimes, they notice lifestyle indicators, such as luxury items or expensive travel, which can suggest a person’s wealth level. They may also search for public loan records to see if a person or business has borrowed money.

4. Surveillance and Activity Monitoring

Covert surveillance is a key method for observing people’s behavior in real-time, provided it complies with legal standards. This means PIs might follow someone in public to see what they’re doing. Through this, they can learn a person’s daily routine, their associates, and relationships.

They might observe a target’s frequently visited locations, such as restaurants, hotels, or homes. PIs can take pictures or videos, as long as they do it legally and don’t trespass or break privacy laws. If allowed, they may track a vehicle’s movements. All of this helps build a clearer picture of someone’s actions and relationships.

5. Social Media and Online Activity

Private investigators often use the internet to learn more about people. They check public social media profiles to see what someone posts, who their friends are, and where they’ve been. Sometimes, people share pictures, check-ins, or life updates that offer useful clues about their location.

PIs can also find deleted posts or hidden activity using special search tools and archived data, a method possible with Open-Source Intelligence (OSINT). In some cases, they may review online forums, dating profiles, or review sites to learn about someone’s interests and behavior.

6. Missing Persons and Skip Tracing

PIs are often hired to find people who are hard to locate. This could include tracing debtors or runaways in civil and legal recovery efforts. This process is called skip tracing. Many investigators use special databases, search records, and talk to relatives to locate lost family, birth parents, adoptees, or witnesses.

For example, they might interview neighbors, coworkers, or family members to get leads. They also check change-of-address forms, past jobs, and phone numbers. With enough information, they can often track down someone’s current location.

What Private Investigators Cannot Legally Access

Although private detectives can uncover a lot of useful information, there are strict state and federal laws that limit the kind of information they can access. Such information may include private communications, credit reports, bank accounts, medical records, call history and text logs, sealed records, etc.

1. Private Communications – PIs cannot legally listen to phone calls, read private messages or emails without permission. Wiretapping is illegal in most places unless one or both parties agree to the recording, depending on the law in that state or country. For example, California requires two-party consent for call recording, while Alabama requires one-party consent.
2. Bank Accounts and Credit Reports – Private investigators do not have the right to access someone’s bank account details or balance without that person’s consent. They can’t see recent transactions, account numbers, or savings.Likewise, they cannot legally check someone’s credit report unless they have a valid reason under the Fair Credit Reporting Act (FCRA), such as written permission or a court order. Trying to collect information like this by pretending to be someone else is called pretexting, and it is illegal.
3. Medical Records – In the United States, medical records are protected by strict laws like the Health Insurance Portability and Accountability Act (HIPAA). A PI cannot access someone’s health records, doctor visits, prescriptions, or mental health history without explicit consent, even if the client is related to the person.
4. Phone Records and Text Logs – Unless they have legal authorization, PIs cannot obtain a person’s call history, phone bill details, or text logs from a phone company. These records are protected and can only be released by the phone owner or through a court order.
5. Private Content on Social Media Accounts – PIs can view public social media profiles, but they are not allowed to access private accounts or content. They cannot hack into someone’s Facebook, Instagram, or other platforms to read private messages or see hidden posts.
6. Protected or Sealed Records – Some government documents, like sealed court records, adoption files, or juvenile criminal records, are off-limits to private investigators. These records are protected by law and can only be viewed by authorized individuals, such as attorneys or those directly involved in the case.
7. Trespassing and Hidden Surveillance – PIs cannot enter someone’s home, private office, or private property without permission. They are not allowed to place hidden cameras or recording devices inside private spaces. Any video or audio recording must be done from public areas or in situations where recording is legally allowed.
8. Government Files and Classified Information – PIs do not have access to government databases that are restricted to law enforcement or intelligence agencies. This includes FBI files, national security data, or classified information. They also cannot impersonate law enforcement, such as police officers, to gain access to restricted data.

How to Hire a Licensed Private Investigator

Working with the wrong investigator can waste your time, cost you money, give you false information, or even get you into legal trouble. That’s why it’s important to know how to get the right private investigator who is licensed, trustworthy, and experienced in the kind of work you need done.

First, clearly define your goals. Are you trying to find someone, verify background details, confirm a suspicion, or gather evidence for a legal case? Having a clear purpose will help you explain your situation to the PI and be sure they’re the right fit for the job. Be honest and specific, as it saves time and avoids confusion.

Secondly, check their licensing and credentials. Your potential PI should be licensed in your state or country. You can usually verify this through a government licensing board website. It’s an advantage if they have any special certifications in areas like surveillance, skip tracing, or financial fraud investigation, depending on what is relevant to your case.

Moreover, ask about experience and specialization. Remember that not all private investigators handle the same types of cases. Some specialize in infidelity or child custody investigations, while others focus on criminal cases such as corporate fraud or intellectual property theft. More importantly, ask about their experience with cases like yours and how long they’ve been working in the field. It’s a good sign if they’ve handled similar investigations and can explain their methods clearly and confidently.

In addition, confirm that the PI respects legal boundaries and ethics. Ask how they plan to gather information, and make sure they use legal methods. If someone promises to hack into phones, steal passwords, or break privacy laws, that’s a red flag. And it’s important to note that if a PI breaks the law on your behalf, you could also face legal penalties.

Before you go ahead, discuss all the costs involved. Private investigators usually charge hourly, and rates can vary based on experience and case complexity. Ask for a clear breakdown of fees, including travel costs and expenses for tools or various databases online.

Make sure to get a written agreement that explains the terms of the contract. The agreement should specify what the investigator will do, how much it costs to hire the private investigator, any other service fees, and how long their job might take. This protects both you and the investigator and sets clear expectations.

Need Confidential and Reliable Investigation Services?

Understanding what a private investigator can and cannot legally access as they conduct surveillance helps you stay informed and protected when seeking help for sensitive matters. Remember that you can also get sanctioned when your PI violates the law while obtaining information. So, whether you’re dealing with a legal procedure, a personal concern, or a business-related issue, hiring the right investigator can make all the difference.

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.

FAQ

Can a Private Investigator Access Phone Records?

No, private investigators cannot legally access phone records such as call logs or text history without the owner’s consent or a court order. Doing so would violate privacy and telecommunications laws.

How Much Does It Cost to Hire a PI?

The cost varies based on factors like the investigator’s experience, case complexity, and location. Hourly rates typically range from $50 to $200, with basic background checks ranging from $200 to $600, and more complex investigations potentially exceeding $1,000.

Can a Private Investigator Find Out How Much Money You Have?

A PI cannot directly access your bank account balances or financial details without consent. However, they may uncover signs of wealth or financial issues through public records, property ownership, or legal filings.

How Long Does an Investigation Typically Take?

The length of an investigation depends on the case’s complexity, but most take anywhere from a few days to several weeks. Some long-term or hard-to-solve cases may take months.