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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