Hiring a private investigator (PI) may seem like something reserved for movie plots, but in reality, PIs provide valuable services in a range of real-world situations. Whether it's confirming suspicions of infidelity, locating a missing person, or conducting background checks, their work can provide clarity where ambiguity once ruled. But before hiring one, it's important to understand what private investigators can and cannot do legally. This guide breaks down their capabilities, limitations, and how to determine if hiring one is the right move for your situation.
What Can a Private Investigator Do?
1. Conduct Surveillance
Private investigators are adept at conducting discreet and legal surveillance. This can involve monitoring a subject's movements, photographing suspicious activities, or documenting interactions. Surveillance is often used in cases of suspected infidelity, insurance fraud, or custody disputes.
Example: A PI may be hired by a parent to gather evidence of neglect during custody exchanges. By observing the child's environment and care, they can document relevant information for a court case.
2. Perform Background Checks
PIs have access to specialized databases that allow them to dig deeper than typical online searches. They can uncover criminal records, address history, employment background, and more.
These checks are useful in employment screening, tenant verification, or vetting a potential business partner. According to FindLaw, many private investigators specialize in pre-employment background checks that go beyond public records.
3. Locate Missing Persons
Private investigators can help locate missing persons or long-lost relatives by combining public records, social media, and other investigatory tools. This work is often more thorough than what law enforcement may provide due to resource limitations.
Real-World Case: In 2020, a Texas PI agency helped reunite a mother with her biological daughter who had been missing for over 20 years, using a combination of old adoption records and social media tracing.
4. Investigate Insurance or Workers' Comp Fraud
Insurance companies often hire PIs to confirm the legitimacy of claims. Investigators gather evidence that can confirm or dispute claims related to injury, property damage, or workers' compensation.
By documenting subjects engaging in activities inconsistent with their claims, PIs can prevent fraudulent payouts.
5. Serve Legal Documents
While not exclusive to PIs, many are also licensed process servers. They can deliver subpoenas, summonses, or other court-related documents in hard-to-reach scenarios.
What Private Investigators Cannot Do
Despite their capabilities, private investigators operate under legal constraints. Misunderstanding these limits can lead to legal trouble for both the PI and their client.
1. Trespass on Private Property
A private investigator cannot enter someone’s home, break into buildings, or access private property without permission. They are subject to the same trespassing laws as everyone else.
2. Wiretap or Record Without Consent (in Most States)
Recording conversations without consent is illegal in many jurisdictions. For instance, under federal law and in most U.S. states, at least one party must consent to a recording. Some states, like California, require all-party consent (source).
3. Impersonate Law Enforcement
PIs are not police officers. They cannot arrest individuals, carry badges that resemble police insignia, or claim to have legal authority they don’t possess.
4. Access Private Financial Records Without Authorization
While they can uncover publicly available financial information (like property ownership), PIs cannot legally access bank account details, credit scores, or tax returns without permission.
When Should You Hire a Private Investigator?
Hiring a PI is a serious decision and should be based on your specific needs, budget, and the legal implications involved. Here are a few scenarios where hiring a PI might be beneficial:
- Suspected infidelity: When discreet evidence is needed to confront a partner or support a divorce case.
- Child custody battles: When proving neglect, abuse, or unsafe environments is essential.
- Finding missing persons: When traditional methods have failed, and professional help is required.
- Background checks for sensitive positions: Especially in hiring for high-stakes roles or personal security.
- Insurance or disability fraud: When monetary damages are involved and fraud is suspected.
Before hiring, always verify that the investigator is licensed in your state and check for reviews or professional references.
How to Choose the Right Private Investigator
Choosing the right investigator can make or break your case. Here are some tips to guide your selection:
- Check licensing and certifications: Most states require PIs to be licensed. You can verify this through your state’s licensing board.
- Ask about experience in your specific type of case: Not all PIs handle the same kinds of investigations.
- Review testimonials or case outcomes: Past clients often provide insight into the PI’s effectiveness.
- Understand fees and billing structures: Some charge hourly; others by the project. Make sure everything is in writing.
- Request a written contract: This should outline the scope of work, fees, and estimated timeline.
Key Takeaways
- Private investigators can legally conduct surveillance, perform background checks, locate missing persons, investigate fraud, and serve legal documents.
- They cannot trespass, wiretap without consent, impersonate law enforcement, or access private financial data without permission.
- Hiring a PI is most beneficial in cases involving infidelity, custody, fraud, or background checks for sensitive roles.
- Always ensure the PI is licensed, experienced, and clear about fees before hiring.