So What Can a Private Investigator NOT Do?
Chances are, you’ve sen at least one movie or TV show in which a private investigator seems to do things that only the police can. And while private investigators do have certain benefits, like experience or access to limited information, P.I.s do not have the same exact legal abilities as law enforcement. So here a quick list of things that private investigators aren’t allowed to do.
5 Things Private Investigators Can’t Do:
1. Private Investigators Can’t Arrest People
A PI is allowed to investigate cases, do surveillance, and even track down missing people. But they aren’t allowed to arrest anyone. In rare cases, a PI can make a citizen’s arrest, if they witnessed the crime. But otherwise, they can’t arrest someone.
2. Private Investigators Can’t Record Certain Conversations
In some situations, a PI can record a conversation, if at least one person involved is aware that it’s being recorded. But a PI can’t record a private conversation between people if none of them are aware that they’re being recorded. The law varies from state to state, but in California, it’s only legal to record private conversations if everyone involved is aware of it.
3. Private Investigators Can’t Trespass
A PI isn’t legally able to enter someone’s home without permission. Of course, some private investigators are clever enough to offer reasons to enter a private home or business, get the info they need, and still leave without having broken any laws. Or make it known that they’re doing a private investigation. But even that way still requires permission to be allowed in.
4. Private Investigators Can’t Pose as Law Enforcement
Many PIs have law enforcement experience, but are retired. Regardless of their own past experience, a private investigator isn’t allowed to identify themselves as any type of active-duty police or federal officer. That also includes not wearing uniforms, or carrying a law enforcement badge.
5. Private Investigators Can’t Bug Phones without Permission
Laws on wiretapping change from state to state. In some states, only one person on the phone needs to be aware that the call is being recorded. In other states, both people on the phone must be aware that the call will be recorded. California’s has a “two-party consent” law, which means it’s a crime to record or listen in on private phone calls unless everyone on the phone consents (Cal. Penal Code § 632).
Still have questions about the private investigation? Feel free to contact us. We’re Foglight Investigations, led by a private investigator with years of experience as a police officer and detective. Based in San Francisco, California, we offer a variety of investigative services to clients throughout America and worldwide.
