
The image of a private investigator often conjures up scenes straight out of Hollywood—a shadowy figure breaking into databases, wiretapping phones, and solving cases with near-magical ease. However, the reality is quite different. Private investigators operate within strict legal boundaries, ensuring their practices comply with the law. Often times, there can be misconceptions about how far a private investigator can go to obtain the information they are after. It’s important when looking to hire an experienced private investigator near you to understand what they will and won’t be able to assist you with. Here’s a clear breakdown of what private investigators can and can’t do.
We can thank movies and the often inaccurate portrayal of PIs, breaking into places and rifling through filing cabinets or hiding in closets to get the evidence they want, for why people can have a distorted view of what a private investigator can do. Here are some common things that are not able to get within the confines of the law.
Phone and Email Access – Contrary to popular belief, private investigators cannot hack into phones, computers, or email accounts. Unauthorized access to private communications is a violation of privacy laws and could result in severe legal consequences.
Audio Surveillance – Recording a conversation without the consent of at least one party is illegal in many jurisdictions. This means private investigators cannot use wiretaps or covert audio devices to capture private discussions.
Bank Account Access – Private investigators may be able to determine where a person holds accounts, but they cannot access detailed information about balances or transactions without obtaining a subpoena. This ensures financial privacy remains protected.
Trespass on Private Property – One of the biggest errors shown on television or in movies is that PIs can go anywhere. Private investigators are bound by the law about where they can go, the same as any other individual. This means they are not able to break into someone’s home or car, they cannot enter private property. However, they can for example go to a restaurant, or the lobby of a hotel or other public spaces when gathering evidence.
Arrest People – If a private investigator witnesses someone breaking the law, they are not able to arrest them. They are not law enforcement and do not carry a badge. They can step in to stop a crime if possible, such as if a person is being assaulted while they are conducting surveillance, and they will contact the police to step in.
Although there are limitations for what a private investigator can accomplish, they do have quite a bit of range as to what sort of information they can obtain.
Surveillance – Private investigators are allowed to observe and document activities in public or visible spaces. For example, they can monitor someone’s movements in public areas or take photos of actions visible from the street. A skilled private investigator can gather information discreetly so that the individual being watched is not typically aware of their presence.
Background Checks and Asset Searches – Private investigators have the tools and resources to conduct thorough background checks. This includes identifying property ownership, business affiliations, and other public records. They can also locate general asset holdings, such as vehicles or real estate, as long as these searches are conducted through lawful channels.
The work of a private investigator is grounded in legality and ethics. While they possess skills and resources to uncover valuable information that the average individual does not, they must respect privacy laws and ethical standards. By understanding these limitations, clients can have realistic expectations about what private investigators can achieve and the professional integrity they must uphold. If you are looking for private investigative services near you in New York City contact retired NYPD officer Dan McBride at American Eagle, with over 20 years experience in detective work he has helped with a myriad of surveillance cases, cheating spouse cases, fraud cases, and more. Contact our office today online or call 212-344-8997.
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