What a Private Investigator Can Do

Conduct surveillance in public. A licensed investigator can observe, photograph and video record people in places open to public view, such as streets, parking lots, stores and other public spaces. People have no reasonable expectation of privacy in what they do in plain view.

Research public records. Court files, property records, business filings, liens, judgments and many other records are public. A skilled investigator knows where they are kept and how to read them.

Use investigative databases. Licensed investigators have access to professional databases that are not available to the general public. Federal law also allows licensed private investigative agencies to obtain certain motor vehicle records, but only for purposes the law permits.

Locate people. Finding witnesses, heirs, debtors and missing persons is everyday work, using records, databases and field inquiries.

Interview witnesses. An investigator can contact and interview people who agree to talk. Witnesses are free to decline.

Testify in court. An investigator’s observations and reports can become evidence, and the investigator may be called as a witness. How the work was done matters as much as what it found.

What a Private Investigator Cannot Do

Record conversations they are not part of. New York is a one-party consent state. Under Penal Law Section 250.05, recording a phone call or conversation is a crime unless at least one person in it agrees. This is why most surveillance video is recorded without sound.

Record people in private places. Under Penal Law Section 250.45, secretly recording someone in a bedroom, bathroom, changing room or hotel room, or in other situations where they have a reasonable expectation of privacy, is unlawful surveillance, a felony.

Hack phones, email or accounts. Accessing someone’s computer, phone or online account without authorization is a crime under Penal Law Section 156.05. That includes logging in with a password you happen to know and installing spyware.

Get phone or bank records through tricks. Federal law makes it a crime to obtain confidential phone records by lying to a phone company or its customer. A separate federal law prohibits getting someone’s bank information through false statements. It also prohibits asking someone else to do it, which means a client can be exposed too.

Pose as police. A private investigator has no police powers and cannot arrest anyone. State rules prohibit a licensed investigator from saying anything that would make someone believe they are a police officer or government investigator.

Trespass. An investigator has no special right to enter private property. The same trespass laws apply to investigators as to everyone else.

Give legal advice. An investigator gathers facts. Your attorney decides how to use them.

Gray Areas to Ask About

Some questions do not have a one-size answer.

• GPS tracking. Whether tracking is lawful depends on the facts, such as who owns the vehicle, who has consented and why it is being done. Ask your investigator and your attorney before assuming either way.
• Social media. Viewing public posts is fair game. Logging into someone’s account, or using a fake profile to get into a private one, can cause legal and evidence problems.
• Subpoenas. Investigators cannot force anyone to hand over records. When records are needed from a phone company, bank or employer, your attorney can seek them through the court.

Why This Matters to You

Evidence gathered the wrong way can hurt the person who paid for it. Under New York’s Civil Practice Law and Rules Section 4506, recordings made through illegal eavesdropping generally cannot be used as evidence, including in family court and civil cases. Worse, an investigator who breaks the law on your behalf can drag you into it.

In more than 30 years in law enforcement, we saw cases won and lost on how the evidence was gathered. A good investigator knows exactly where the lines are and works right up to them, but never over them.

Quick Reference

What a licensed New York investigator can do:

• Surveillance, photos and video in public places
• Public records and court research
• Professional database searches
• Locate people and interview willing witnesses
• Write reports and testify in court

What a licensed New York investigator cannot do:

• Record conversations they are not part of
• Record people in private places
• Hack phones, email or social media accounts
• Get phone or bank records through false statements
• Pose as police, make arrests or trespass

How ZCIS Investigations Works

Every case starts with a confidential conversation. We tell you honestly what can be done lawfully, what cannot, and whether an investigation is likely to help.

ZCIS Investigations was founded by a career detective who served as a Detective, Detective Sergeant and Detective Lieutenant commanding Rochester’s Major Crimes Unit, then as a Captain, and later as Deputy Chief of Operations with the Greece Police Department. We serve clients throughout Western and Central New York, from Buffalo to Rochester, the Finger Lakes, Syracuse and Utica.

Related Guides and Services

• How Much Does a Private Investigator Cost in New York?
• How to Hire a Private Investigator in New York
• All Insights and Guides
• Surveillance & Field Investigations
• Public Records & OSINT Research
• Background & Locate Investigations
• Attorney & Litigation Support
• All Investigative Services

Official Sources

• NY Penal Law Section 250.00 (Eavesdropping Definitions)
• NY Penal Law Section 250.45 (Unlawful Surveillance)
• NY Penal Law Section 156.05 (Unauthorized Use of a Computer)
• NY CPLR Section 4506 (Eavesdropping Evidence)
• 18 U.S.C. 1039 (Phone Records Obtained by Fraud)
• 15 U.S.C. 6821 (Bank Information Obtained by False Pretenses)
• 18 U.S.C. 2721 (Motor Vehicle Records)