If you’re thinking about hiring a private investigator in California it’s essential to understand the rules of their business. Before you consult with them to explain which services you require make sure you are not expecting anything they cannot offer. Here are five things private investigators legally are not allowed to do.
1: RUN ANYONE’S PLATES
What You Thought They Could Do:
Ask the police to run your suspect’s license plate.
What They Can Actually Do:
Police will not run plates for PI’s. In certain circumstances they can run plates themselves. The Driver’s Privacy Protection Act of 1994 keeps the public from accessing DMV records, but still lets private investigators obtain car owners’ names and in some cases addresses.
2: GO UNDERCOVER
What You Thought They Could Do:
Make private inquires to their friends in law enforcement.
What They Can Actually Do:
Law enforcement officials cannot legally do favors for private investigators. If a private investigator needs to get information from a person involved with the subject, they would get further speaking to a neighbor or relative involved with the subject. If they feel this person will not speak to them as a PI, they can even don a disguise to go undercover and pretext the neighbor.
3: BLEND IN
What You Thought They Could Do:
Follow someone on for days without ever being spotted.
What They Can Actually Do:
Tracking a subject is part of the job. However, it isn’t realistic to think that a lone private detective can follow someone through a crowded mall, or keep a safe driving distance while catching all the same green lights as the suspect. Private detectives often work in teams to avoid detection and surveillance on a subject from all angles.
4: ACCESS PROTECTED INFORMATION
What You Thought They Could Do:
Only access information with a subpoena.
What They Can Actually Do:
Private investigators are allowed to get creative when it comes to uncovering information. Dumpster diving—where a private investigator rummages through the subject’s trash—is a common and legal practice. Phone records, bank statements, credit card statements, and private mail are all fair game if discovered in the trash.
5: RECORD PRIVATE CONVERSATIONS
What You Thought They Could Do:
Bug you before you provoke your suspect into a confession.
What They Can Actually Do:
Telephone recording laws dictate that California is a two-party consent state. This means both parties must consent to an audio recording of their conversation for it to be admissible in legal. However this consent does not apply to law endorsement bugs if a call is tapped with reasonable cause and a warrant.
Private investigators are an invaluable tool to an investigation but there are still limits to their magic. Do not ask your private investigator to perform any tasks outside their limits. Private Investigators can get you the information you need without facing legal trouble.
Bruce Robertson
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