A private investigator is a person who investigates on behalf of a client, usually for legal purposes. They are hired to gather evidence in the form of photos and video footage, interview witnesses, and more. In movies, private investigators are often portrayed as someone who can do almost anything or bend the law when necessary. However, in real life, private investigators have an extensive list of things they cannot do – some because it would be illegal for them to do so as well as others that just wouldn’t work.
This blog post will explore the limitations of what private investigators can do legally.
Operate without a license.
There are extensive licensing laws for private investigators in some states so they cannot operate if it is required in that state. Certain qualifications are required of them to show their expertise before they can get a license to operate include:
- A specific number of hours of paid investigative work under a licensed private investigator
- Pass an examination
- Get fingerprinted
- A background or degree in law enforcement
So, before hiring a private investigator service, make sure they have the qualifications and the license to operate in your state.
Impersonate law enforcement.
Private investigators cannot impersonate law enforcement to deceive, threaten or coerce someone because that would be illegal. For example, if a Cleveland private detective is hired by a parent who suspects their child has been abused or neglected, he cannot misrepresent himself as law enforcement to solicit testimony. Therefore, in most states, private investigators cannot wear a uniform, use any logo, or carry a badge which could imply that they are a federal official or a police officer.
Trespass on a property without the consent of the owner.
Private investigators are not allowed to trespass on any property through illegal means including breaking and entering. Private investigators are forbidden from trespassing on private property for surveillance purposes without the homeowner’s permission.
Wiretapping a phone without consent does depend on the state law.
A wiretap is a device placed on a phone line to intercept and record conversations. Wiretap is illegal depending on the state. Some states such as OH have a one-party consent. PA has a two-party consent meaning without permission from the party being intercepted.
Put GPS trackers on a vehicle without the owner’s consent.
Private investigators cannot track or place a GPS tracker on a vehicle for monitoring location without consent from the vehicle’s owner. The private investigator can only do so if the person requesting it owns the vehicle, regardless of whoever is driving it.
Obtain protected information
Private investigators are not allowed to access protected information such as medical records, social security numbers (can obtain SSN info from database authorization), and personal financial information. The law restricts their ability to obtain this information to protect the public’s privacy.
Conclusion
While private investigators have limitations to what they can do, they can also be a valuable resource for gathering evidence and information. Hiring the wrong Cleveland private detective can hinder your investigation process. Make sure to work with a reliable Cleveland private investigator service that will legally obtain the information you need so it won’t be deemed unusable in court.
