Private Investigation Law
Private Investigator Laws pertain to the things private investigators can and cannot do. Private investigators serve many functions, but there is a great deal of misinformation about what they can legally do. Generally speaking, private investigators have no more rights or privileges than ordinary citizens. Indeed, when discussing laws pertaining to private investigators, it is often easier to speak in terms of things they cannot do than those that they can.
Impersonation of Law Enforcement.
Generally, private investigators are not affiliated law enforcement. In most jurisdictions, private investigators cannot carry a badge, wear a uniform, or represent to anyone that they are a police officer or federal official. In some cases, private investigators can wear badges and uniforms or tactical vests that indicate they are private investigators, but this must be done in accordance with local law enforcement mandates. Failing to do so could result in an investigator's arrest for impersonating a law enforcement officer.
Making Arrests.
In some circumstances, individual citizens can make what is commonly called a "citizen's arrest." Typically, this is only possible if the citizen sees a criminal act committed by the suspect and then he or she immediately detains that person until government authorities can arrive. While private investigators can make a citizen's arrest, they cannot effect a lawful arrest like a police officer would.
Wiretapping.
Tapping a phone line or recording a conversation without the knowledge of the persons on the line constitutes illegal wiretapping and is a federal crime. Private investigators are not exempted from this law, and cannot legally tap anyone's phone line.
Trespassing.
Private investigators cannot enter upon the property of another without their consent. Doing so will be trespassing or, if they break in, could be breaking and entering.
Tampering with mail.
Private investigators cannot intercept one's mail and open, destroy, or alter it. Doing so is a federal offense carrying very stiff penalties.
Credit Checks, Criminal Records, or Court Documents.
Private investigators cannot order a credit report for a person without that person's consent. Although they can look at any criminal records or court documents that are in the public record and open for inspection, they do not have any special right to open sealed records.
Other Unlawful or Immoral Acts.
Additionally, private investigators have no special right to violate the laws or act immorally simply because they are investigating someone. This includes harassing someone, using bribery to obtain information or other favors, hack a computer, impersonate someone whose confidential records they are trying to obtain, or take any other illegal action that any other citizen could not take.
For more information on private investigator laws, please look at the materials below. Additionally, you can contact an attorney in your area by visiting our Law Firms page.
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Articles About Private Investigation Law
- Criminal Background Checks from a Private Investigator
Today, there are many ways that a person can infiltrate the life of another and cause him or her harm. Romantic partners may lie about their background, neighbors may have a sordid history of sexual abuse of a minor, employees may steal and domestic workers may have a track record of fraudulent activity. To combat these realities, people may turn to a private investigator to inspect the background of someone in their lives.
- Demanding Money to Remove Private Images from the Internet
Over the last few years, a number of unscrupulous websites have developed around Americans' increasing comfort with sharing private, intimate photos with one another.
- Private Investigators Help Prevent Catfishing Schemes
Catfishing schemes have become more common as social media presence has increased over time. They often lure unsuspecting victims in, potentially costing them time, money and frustration.
- Top Ways to Prevent Fraud from a Private Investigator
Private investigators do not only have to be hired after some bad conduct has occurred.
- When Do I Need a Private Investigator?
In certain cases, a lawyer may recommend hiring a private investigator. He or she may have existing contacts or may recommend that you find your own investigator. Here are some situations in which you may need a private investigator to assist you in your case.
- When Law Enforcement Cannot Solve It, Private Recovery Agency Tracks Stolen Art
What happens when famous pieces of art are stolen and law enforcement leads run dry? Private recovery agencies are called upon to bring back these multimillion dollar masterpieces, often taking years to track the work, earning staggering fees, and blurring the line between legal and illegal activities.
