What Can a Private Investigator Do?
What Is a Private Investigator?
So, you probably know what a private investigator is: a citizen (as opposed to a public servant) who specializes in gathering information and presenting said information to the client. As previously mentioned, private investigators are not public servants/police officers. This means that they cannot do everything that a police officer does; for example, they can’t search your private property, nor can they obtain a warrant to do so. While private investigators can aid police, they do not have the same authority as police officers. For example, police officers can bug your phone and/or house without your knowledge (assuming they have a warrant), but a private investigator would not be able to do anything. When it comes to surveilling, the main difference between police detectives and private investigators is that police detectives can get around a citizen’s right to privacy—with a warrant, of course—whereas a private detective generally cannot.
Installing Surveillance Devices
Depending on the location, a private investigator may be able to install tracking devices in a person’s car. If you are in a state where private investigators can do this, it’s important to understand that private investigators have special permits that allow them to install said tracking devices. Generally speaking, it is illegal to install tracking devices in your spouse’s (or ex’s) car without their consent. Tracking devices aren’t the only surveillance devices that may be used. A lot of people think of recording devices, wiretapping, or “bugging” a location. Placing recording devices without a person’s consent typically violates their right to privacy. You may be able to place audio recording devices in your own home or car without your spouse’s consent. However, when it comes to video recording devices, you would only be able to place them in common areas of your home (the living room, kitchen, garage, etc). If you wanted to place cameras in areas where people would have a reasonable expectation of privacy (such as a bedroom or bathroom), you’d need to get your spouse’s consent before placing them. You’d also have to notify guests that there are cameras in said locations—which could damage your reputation. Though the laws vary from state to state, there aren’t any states where private detectives would be able to install cameras or audio recording devices in areas where a person would have a reasonable expectation of privacy.
Follow Your Spouse
A private detective can follow your spouse around, yes. Private detectives can also use resources to aid their surveillance, so long as they aren’t violating that person’s right to privacy. For example, if your husband frequents a coffee shop with a suspected paramour, the private detective can ask the cashier at the coffee shop for information. The private detective can also ask friends, family, and relatives for information. Of course, they can also use publicly available data to find your spouse’s online accounts and use information posted on those accounts to aid their surveillance. For example, if your wife has a secret Instagram account, a private detective may be able to find said Instagram account and use the information she posts to conduct surveillance.
Hacking into Accounts
A private investigator cannot hack into your spouse’s accounts, nor can they access the accounts using a known password. They cannot install software or apps that act as keyloggers in order to obtain passwords or login information. Generally speaking, you cannot go through your spouse’s devices (even if you paid for the device), nor can you go through their accounts even if you know the password or have guessed it. If your spouse has accidentally left their account logged in on your computer, that doesn’t mean that you can look through everything that’s there. In fact, in most states, you cannot. A private investigator may be able to pull your internet data from your ISP, but it could be difficult, as most ISPs aren’t interested in providing said data to civilians.
Background Checks
Private investigators may have access to databases that can be used to conduct background checks. Background checks can show things like education history, driving history, criminal records, etc. Private investigators may use the information they find to conduct their investigation, and they may be able to provide their client with some of the information they find. Background checks will only reveal information that’s publicly available—former addresses, where you went to college, criminal records, etc. Such information may not be readily publicly available via Google or Facebook. But a private investigator would likely have access to more sophisticated background checks than your standard background checks that you can use online.
When You Need Family Law Help
In many cases, the services of a private investigator are expensive. It may be better for people to hire an attorney to help them decide whether or not a private investigator is really the best use of the person’s resources. In many cases, private investigators will indeed find out a lot of information—but it could be that none of the information is useful to your divorce case. If you’re considering divorce, and you want tailored legal advice, CoilLaw is here for you. Contact us today to get started on your initial consultation.
