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What can a private investigator legally do?

Movies and TV have given private investigators a reputation for bending the rules. The reality is the opposite: the value of a professional lies precisely in what they will not do. Here is where the lines actually fall.

Guide by Draco Investigative Services · Updated September 2026

What a licensed investigator can do

Working within the law, a professional investigator has a genuinely powerful toolkit:

  • Conduct surveillance and take photos or video from public places and other lawful vantage points
  • Search public records — court filings, property, liens, judgments, business registrations
  • Access databases they are authorized and permitted to use
  • Locate people through skip tracing
  • Interview witnesses and sources who are willing to talk
  • Run background investigations for a lawful, permissible purpose
  • Document evidence to a standard that holds up in court

What a private investigator cannot do

This is the part that matters most, because anyone who offers to do these things is not a professional — they are a liability:

  • Wiretap or record calls they are not lawfully a party to
  • Hack, or access an email or online account without authorization
  • Trespass, or place a GPS tracker on a vehicle they have no right to
  • Impersonate law enforcement, or make arrests
  • Obtain protected financial, phone, or medical records through deception (“pretexting”)
  • Access sealed records or otherwise break the law to get a result

Why the limits are the point

It can be tempting to want an investigator who will “do whatever it takes.” But evidence gathered illegally is worse than useless — it is inadmissible, it can be turned against you, and it can expose you to civil or even criminal liability. A professional protects you by getting the result the right way.

This is also why licensing matters. A licensed, insured investigator is accountable to the law and to the state that regulates them, and knows exactly where the lines are — including the ones that vary from state to state.

Common legal questions

Only with proper authority — for example, on a vehicle the client owns. Placing a tracker on someone else’s vehicle is unlawful in most circumstances, and a professional will not do it.

Not through deception. Obtaining protected financial or telephone records by “pretexting” is illegal. Such records generally come out lawfully only through the legal process, such as a subpoena in litigation.

It depends on state law and who is party to the conversation. Recording calls one is not lawfully part of is wiretapping. A professional records only what the law allows — which is exactly what keeps the evidence usable.

When it is gathered lawfully and documented properly, yes — that is the whole reason to use a professional. Evidence obtained illegally is typically thrown out and can create liability.

The truth, obtained the right way.

A licensed investigator can help with far more than you might expect — all of it lawful, and all of it usable. Tell us what you are facing.

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