Short answer: a licensed California private investigator can follow someone in public, watch and videotape what happens in public view, research public records, and testify to what they saw. A PI can’t put a GPS tracker on someone’s car, bug a home or phone, record private conversations, enter private property without permission, or pretend to be a police officer. Everything we do has to be lawful, because evidence gathered illegally can’t help your case and can put you at risk.
After nearly 30 years as a Beverly Hills PI firm, we hear the same TV-driven ideas on almost every first call. Here is what is real.
What a private investigator can legally do
- Conduct surveillance in public. We can follow a person on public streets and watch where they go, who they meet, and what they do in places anyone could see. That is the heart of every surveillance investigation we run.
- Record video and photos of what’s in public view. Date- and time-stamped video of someone leaving a hotel, carrying heavy boxes, or using their own key to a house is lawful and powerful evidence.
- Review public information. That includes public court and property records and what people post publicly on social media.
- Serve legal papers. As registered Los Angeles County process servers, we can serve summonses, divorce papers, restraining orders, and other documents, including to people who are avoiding service.
- Write reports and testify. The investigator who saw and recorded something can explain it in a declaration, at a deposition, or in court.
What a private investigator can’t legally do
Put a GPS tracker on someone’s car
California Penal Code 637.7 makes it a crime to use an electronic tracking device to find a person’s location or follow their movements. The law has narrow exceptions, such as when the vehicle’s registered owner or lessee consents, but we don’t place trackers on anyone’s vehicle. A licensed investigator who breaks this law also risks their license. Our way of knowing where someone goes is the old-fashioned one: we follow them.
Bug a home, tap a phone, or record private conversations
California is an all-party consent state. Under Penal Code 632, recording a confidential conversation without the consent of everyone in it is a crime, and wiretapping a phone is illegal under Penal Code 631. We don’t plant listening devices, hidden cameras in private spaces, or spyware. We document what can be seen from public places.
Trespass or break into anything
A private investigator has no right to enter private property without the owner’s consent, and we never open someone’s mail or get into their car. When a subject lives behind a gate, we work from public streets and wait for them to come out.
Act like the police
Private investigators have no law enforcement powers. We can’t pull anyone over, detain anyone, carry a badge, or use titles or uniforms that suggest we work for the government. If someone notices us during surveillance, we call in a “Code 5” to the local police department so they know a licensed investigator is working the area, and we leave rather than make contact.
Lie to get private records
Pretending to be someone else to get bank, phone, or other private records, often called pretexting, is illegal under federal law. We don’t use disguises or elaborate cover stories to talk our way into information. We are private citizens running a legitimate business, and our job is to observe, document, and report.
Why this matters for your case
Evidence gathered illegally can be thrown out, and it can expose the person who hired the investigator to criminal charges or a lawsuit. In a custody dispute or a cohabitation case, the last thing you want is for the other side to make you look like the one who broke the law. Lawful surveillance is slower than TV, but it is the evidence that holds up.
The same goes for doing it yourself. Putting a tracker on a spouse’s car or recording their calls can turn you into the defendant. If you suspect a cheating husband or cheating wife, talk to a licensed investigator, and your attorney, before you act.
How to check that an investigator is licensed
California private investigators are licensed by the Bureau of Security and Investigative Services, and their advertising must show their license number. You can look up any license on the bureau’s website. We are licensed through Paramount Investigative Services, California PI License #24065.
Have more questions about cost, confidentiality, or how a case works? See our private investigator FAQ and our guide to what a private investigator costs in Beverly Hills, or contact us for a free, 100% confidential consultation.
This article is general information, not legal advice. Laws change, and your attorney can tell you how they apply to your situation.