Ethical and Legal Issues for Private Investigators When Conducting Surveillance on a Person of Interest
Pennsylvania Private investigators (PIs) must navigate a complex landscape of
state and federal regulations to ensure that evidence gathered during
surveillance is both legally admissible and ethically sound.
Legal Issues in Surveillance
privacy. PIs must be mindful of where and how they conduct surveillance to avoid violating the law.
- Public vs. Private Property: PIs can legally follow and document a subject in
public areas like streets, parks, or stores. However, they cannot trespass
on private property, enter a home without a warrant, or use specialized
equipment (like high-powered zoom lenses) to peer into private windows.
- Audio Recording: Laws vary by state. Many require one-party consent
(one person in the conversation knows it is being recorded), while others
require two-party (all-party) consent. Recording a conversation as
a third party without any participant's knowledge is generally illegal
wiretapping.
- Electronic Monitoring: PIs are typically prohibited from hacking into private
emails, social media accounts, or phone systems. The use of GPS
trackers is heavily regulated and often requires the consent of the
vehicle owner or a court order, depending on the jurisdiction.
- Stalking and Harassment: If surveillance becomes overly aggressive, persistent,
or causes the subject emotional distress or fear, the investigator may
face criminal charges for stalking or harassment.
Ethical Considerations
Ethics go beyond mere legal compliance to protect the
professional integrity of the investigator. PIs are expected to adhere to high
standards of professional behavior throughout their investigative activities.
- Confidentiality: A cornerstone of the profession is protecting the
client’s identity and the sensitive information uncovered during the
investigation.
- Objectivity and Honesty: Investigators must provide factual, unbiased reports.
They are ethically bound to refrain from fabricating evidence or
exaggerating findings to please a client.
- Avoiding Conflicts of Interest: Ethical PIs must refuse cases where their personal
interests or dual relationships could compromise their impartiality.
- Respect
for Human Dignity: Even when investigating a
person of interest, PIs should avoid unnecessary intrusion into personal
lives that is irrelevant to the case and treat all parties with
professional respect.
Summary Table: Can vs. Cannot
Action Legal Status Follow in public Generally AllowedPhotograph in public Generally Allowed Access public records Allowed Trespass on private property Prohibited Wiretap or bug rooms Prohibited Impersonate police Prohibited Hack into personal accounts Prohibited  |
