If you have seen Magnum P.I., there is a chance you may have fallen into the stereotypical beliefs regarding what private investigators do. Movies propagate a lot of myths about PIs. This makes people forget that they aren’t above the law, aren’t allowed to look up people, gain unauthorized entry to places, and record people off guard. Depending on where you live, you also need to know about how the law works there and the jurisdiction.
Some people want to know how to spy on your partner, and some want to find information on a potential employee, but is it legal? It is important to be clear on what private investigators can’t do, as some activities could be illegal, unethical, and inexcusable.
So in this article, we will shed light on what PIs cannot do. Read on.
1. Access to Educational, Financial, or Medical Records.
For any private investigator, being exposed to a volume of information is expected. However, some information is under protection by the federal government. This, of course, applies to your medical records protected under HIPAA, educational records under FERPA, and of course, your financial records. Beware that if a private investigator claims to have access to this type of information, they are either lying or, worse, committing a felony. Either way, it is recommended that you stay away to avoid implicating yourself.
2. Recordings.
Have you had your voice recorded without your permission? Are you unsure whether it is legal or not? Well, it isn’t. Private investigators are not allowed to record phone conversations without asking for permission. There are states where, in fact, both parties must consent to the recordings. Although phone tapping is quite possible, it is illegal to do so without a warrant, and these are, in most cases, only authorized by law enforcement.
3. Trespassing.
This is a clear violation of property laws that everyone must abide by. This means a private investigator does not have the authority to go into someone’s vehicle or office to gather incriminating information on them. Setting foot on another person’s property is already illegal and so is setting up secret cameras to acquire footage. You are entitled to your privacy when you are on your property.
4. License Plates and Social Security Numbers.
This one has many confusions as there is a gray area. While private investigators can access your vehicle plate and social security numbers, they can only do so with valid reasons. These types of information are deemed private and, hence, not easily accessed unless under strict regulation. Among the reasons you would be rightfully handed this type of information include serving someone or confirmation for a certain vehicle belonging to a defendant.
5. Identifying as Law Enforcers.
The stereotypes we have seen in movies and television have pushed us to believe that private investigators have the same power as the police. While there are certain exceptions, this is not entirely true. Private investigators are equally bound by the same restrictions and laws as everyone else.
Identifying as law enforcement is not allowed, nor is dressing up as law enforcement or carrying their badges to get people to comply with their demands. It is important to note that private investigators have as many rights as any citizen; this means in states like California, they can make a citizen’s arrest. Private investigators can also carry firearms either openly or concealed, but they must have the proper papers from the necessary government agency.
Conclusion
We hope this article has helped shed some light on what is within private investigators’ rights and what isn’t. Remember that laws vary from state to state, but there are certain things we have mentioned that are illegal everywhere. It is important to be aware of them and keep away from private investigators who engage in them to avoid legal issues.
