What are the rules that private investigators must follow?
• Operating with a license. Not all states require a private investigator to have a license. In some states it is as simple to just registering as a private investigator. In others there are state mandated requirements for licensing investigators and severe penalties if they operate without a license. A private investigator must comply with licensing requirements for the state or jurisdiction that they operate in, as some counties of private investigator licensing requirements in states that don’t require one. If you work for a licensed investigator you can operate under umbrella of their license.
• Cannot impersonate law enforcement officers. Most states prohibit private investigators from carrying a badge, state mandated identification requirements only, no badge.
• Obeying the Law. No harassment, trespassing on private property, bribery, hacking, pretexting (impersonating the subject to obtain his records) or other deceitful practices for obtaining information, and cannot break the law on behalf of their client for investigative purposes.
• Ethical behavior. Placing someone in danger, include obtaining information for non-investigative purposes. Things like obtaining private information for client to is stalking the client or any action that may put a person’s safety at risk.
• No trespassing. An investigator cannot enter a property, house or building through illegal means, including breaking or entering. Only exceptions in some states is for a private investigator working as process server.
• Privacy issues. A private investigator cannot enter a business or home without consent, or if asked to leave they must comply immediately. No forced entry or lock picking. They cannot photograph you or the interior of your house through a window.
• No tamper with mail. This is a federal offense to tamper, open or destroy another’s mail.
• No wiretap or phone without consent. Federal law requires single party consent, 12 states require require permission from any and all participants.
• Recording conversations with single or all party consent. In some states all parties must consent. Public areas are restricted to eavesdropping if the conversation is such that it is naturally loud enough to hear. No audible boosting.
• GPS. Global positioning system trackers cannot be placed on a car without permission or consent of the owner. A spouse can only permission if the vehicle is in their name or both parties name. An employer cannot tag an employee’s car, but a company owned vehicle is fair game, provided that have followed through with proper steps of consent.
• No hacking. Strictly a no-no to hack social media or email accounts. However, public postings can allow the downloading of meta data on postings.
• DMV records. These are not to be accessed without reason. Only justification is for investigative purposes only.
• Credit Checks. These are considered private information and the investigator must have written consent for the individual to run a credit report. If consent is received the investigator must have an arguable investigative reason for running a credit report.
• Protected Information. Private investigator must obtain permission from an individual or subpoena to obtain protected information. What is protected information?
o Bank Accounts. Identifying the location of an account is legal, but cannot access the information without consent from the individual or through court processes.
o Financial records: Account specific information like an account history of credit cards fall under protected information.
o Phone Records are protected as well. An investigator can find out what carrier or person is associated with a phone number, but the actual phone record is considered private and protected under both federal and most state statutes. Both landline (wired phones) and cell phone records are protected.
• Citizens arrest. As a rule, private investigators or no arrest powers, beyond typical ‘citizen’s arrest’. The cannot server an arrest warrant, only make probable cause arrests as citizens. The arrestee must be an endangerment to public and the private investigator must have arguable facts, circumstance and evidence of such endangerment. This if vary rare in the private investigative realm.

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As noted, the same restrictions that affect law enforcement apply to the private investigator with the exception that a private investigator has very curtailed arrest powers.
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