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As a private investigator, it is important to be aware of what types of
surveillance can be completed legally. Similarly, it is important to
know how to work within the law to ensure all surveillance is done in a
legal fashion. This not only helps you stay out of legal trouble, it
also makes it possible to use your surveillance information in a
criminal or civil case.
In part, the federal law states:
“It shall not be unlawful under this chapter for a person not acting
under color of law to intercept a wire, oral, or electronic
communication where such person is a party to the communication or where
one of the parties to the communication has given prior consent to such
interception unless such communication is intercepted for the purpose of
committing any criminal or tortious act in violation of the Constitution
or laws of the United States or of any State.”
This just means that it is legal to intercept and record information if
you are participating in the communication, whether by phone, radio or
in person. For example, it is ok for you to tap your own telephone and
record conversations. Likewise, if you plant a microphone and tape
recorder on your body and have a conversation with someone for
investigative purposes, you are working within the guidelines of the
law. It is also legal to intercept and record communication if one
person involved in the conversation has given their consent, even if you
are not involved in the communication yourself.
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