A private investigator means any individual who engages in the business of, or accepts employment to make, investigations to obtain information on crimes or civil wrongs; the location, disposition, or recovery of stolen property; the cause of accidents, fires, damages, or injuries to persons or to property; or evidence to be used before any court, board, officer, or investigative committee.

Most states require a private investigator to be licensed. Some states have very strict requirements to obtain an investigative license while others have no requirements. The following states do not have statewide licensing requirements: 

• Alabama
• Alaska
• Colorado
• Idaho
• Mississippi
• South Dakota

In the majority of cases, private investigators will charge an hourly rate. Hourly rates can vary. Nearly all investigators will ask for a retainer fee before taking a case. It is unlikely you will find an investigator willing to do just one or two hours of investigative work.

Although PIs have access to information the general public cannot obtain, they must obey the same basic laws as ordinary citizens. Three big things they can't do:

• Pose as law enforcement officers
• Wire tapping
• Obtain cell phone records via pre-texting

Yes.  Federal law requires one-party consent, enabling you to record a conversation in person or over the phone, but only if you are participating in the conversation. If you are not part of the conversation but you are recording it, then you are engaging in illegal eavesdropping or wiretapping. 

It’s okay to record conversations that take place in person or over the phone. In most states, only one party needs to give consent for recording. Eleven states require two-party consent. In other words, everyone involved in a conversation must agree to be recorded. Those states are, California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

While the use of technology has simplified our lives in many ways, consumers must make well-informed decisions before implementing some technologies, such as GPS tracking on a car. Through the use of a GPS tracker on a car, you can discover facts about a vehicle’s location, when it entered and departed a specific area, and even the speed at which the driver is traveling—often, all in real time. This seems like a lot of information to gather about a vehicle and its driver, and for that reason, there are certain cases where it is illegal to use a GPS tracking device. Users choosing to implement one should do their research to ensure that are using it safely, correctly, and most importantly, legally.

Disclaimer:  This article is not intended to replace the legal advice of an attorney. You should seek the advice of an attorney to ensure you understand your local laws as it relates to the use of a GPS tracker on a car.  

Law Enforcement: Although the views and verbiage around the subject are different in every state, what is consistent across the board is that law enforcement must obtain a warrant prior to using a GPS tracker on the car of a criminal suspect 

 Private Citizens: The federal laws, state regulations, and consequences vary on the use of a GPS tracker on a car by private citizens. However, we do know that in all 50 states it is illegal to use a GPS tracker on a car that you do not own. So, if you want to track the whereabouts of a person, you should consult with an attorney. The potential consequences of ending up on the wrong side of the law can result in monetary penalties and potentially a blemish on your criminal background.  

Businesses: Your decision to protect your investments through GPS tracking devices is your legal right. Whether you have an entire fleet or just a few cars, you can protect your assets without fear of privacy infringement or fear of breaking the law. Nationwide, the law allows business owners to track their vehicles without the need for complicated terms and conditions. This can often become a gray area when employees feel that they are being watched, or when their movements continue to be tracked even after business hours. As with all forms of GPS tracking, it is recommended that a business owner seek legal advice regarding best practices for the tracking of their employees.