Legal
Framework for Private Investigators
in Pennsylvania
Audio
Surveillance
(Strict Two-Party Consent)
The Commonwealth of Pennsylvania
is a two-party (or all-party) consent state concerning audio recordings.
This means that, for an audio recording to be lawful, all individuals involved
in the conversation must provide their consent beforehand.
- Recording Rule:
Recording any oral communication without the prior consent of all
participants is a third-degree felony.
- Admissibility: Audio that has been secretly
recorded is generally inadmissible in Pennsylvania courts. Such
actions can lead to both criminal charges and civil lawsuits.
- Public Exception: Recordings may be permitted in public spaces where
individuals have no "reasonable expectation of privacy," such as
during a loud argument in a public park.
Video Surveillance
- Public Areas: Private investigators are
allowed to record video in public locations where there is no expectation
of privacy, such as sidewalks, parks, or parking lots.
- Prohibited Areas: It
is illegal to conduct video surveillance in private areas like bathrooms
or dressing rooms, or anywhere an individual reasonably expects privacy.
- Silent Video: Due to Pennsylvania's strict audio recording laws,
most professional surveillance is performed using video only. Even
accidental audio capture can result in felony charges.
GPS Tracking and Electronic Devices
- Consent Required:
Private investigators must generally obtain the owner's consent
before placing a GPS tracking device on a vehicle.
- Recent Legislation: As
of 2025–2026, new laws further criminalize unauthorized electronic
tracking. Installing a tracking device on another person's property or on
their person without consent is usually classified as a misdemeanor.
- Exceptions: Law enforcement may use tracking devices with a court
order, but private citizens, including private investigators, are not
afforded this privilege.
Trespassing and Physical Access
- Private Property:
Private investigators do not have special rights to enter private
property. They are subject to the same criminal trespass laws as
all other citizens.
- "Plain View" Rule: Investigators may observe or photograph anything
visible from a public location. However, using enhanced equipment, such as
drones or high-powered lenses, to see into a private home can be
considered an invasion of privacy.
- Mail and Records:
Accessing another person’s mail or private bank and phone records without
a court order or the owner’s permission is strictly forbidden.
Brian Blackwell Investigations | Harrisburg, PA
https://www.brianblackwell.biz


