Private investigators in Greenville, SC have experience locating people, uncovering criminal activity, and helping with divorce cases. When considering hiring a private investigator or searching for an investigative agency, many people will wonder, “How can private investigators get the required information without breaking local laws?”
Private investigators don’t have the same authority as law enforcement officers. They must follow certain rules to make sure any investigation is done legally and all evidence collected is admissible in court.
However, the advancement of technology allows private investigators to use innovative methods to conduct investigations discretely and in compliance with state laws. This article explores what private investigators are allowed to do, and what actions are illegal.
What Can Private Investigators Do Legally?
According to the State Law Enforcement Division, a person must be at least 21 to obtain a PI license in South Carolina. P.I.s need to maintain their professional licenses with SLED and post a $10,000 bond.
Licensed private investigators have many techniques at their disposal.
Conduct Surveillance
Private investigators are legally permitted to conduct surveillance to gather information. This includes observing and documenting the activities of individuals in public places. Surveillance can be crucial in cases such as infidelity investigations, workers’ compensation fraud, and locating missing persons.
Private investigators often use covert methods to follow or monitor people of interest, including secretly following them by car, on foot, or even abroad. A private investigator can follow people in public places, but cannot harass them. It is always important to ensure that your private investigator possesses the required discretion and skills so that the person of interest will not know they are being watched.
Static surveillance refers to covert monitoring of a specific location. An investigative company can provide a detailed, thorough report about the location in question, including photos, videos, vehicle details, timings, and audio recordings.
The location in question can be either a house, a company, or a parking lot, and may require constant 24-hour monitoring or just specific times. This type of investigation can help prove actions such as fly-tipping, subletting, violating custody arrangements, and benefit fraud.
Counter Surveillance
A good private investigator will often use counter-surveillance techniques such as blockers, electronic sweeps, and bug detectors to detect the use of unlawful bugging and recordings, whether personally or professionally if you believe someone is using a recording device to spy on you.
Perform Background Checks
PIs can legally perform background checks to uncover information about an individual’s history. This might include criminal records, employment history, education verification, and credit checks. Background checks are often used in pre-employment screening, tenant screening, and due diligence investigations.
Private investigators can access public records, including marriage records and unsealed court documents, as well as databases that may not be publicly accessible. A private investigator cannot access private documents, such as credit reports, without the permission of the owner.
Online and Social Media Investigations
PIs can legally gather information from online sources and social media platforms. This includes monitoring public posts, photos, and interactions that might provide insights into a subject’s activities, relationships, and behaviors. For example, photos on social media may reveal a person who claims to be injured is committing insurance.
Computer Forensics
A private investigator can recover deleted information from mobile phones or computers. This is especially useful when investigating employee theft or fraud at a business. The owner of the phone or computer must give consent for a licensed PI to access the electronic data.
What Can Private Investigators Not Do?
Licensed private investigators cannot violate privacy laws, trespass, or harass someone.
Can Private Investigators Trespass?
Private investigators are not allowed to trespass in private places. They cannot enter someone’s home, business, or any other private property without permission. Trespassing is illegal and any evidence obtained through such means is inadmissible in court.
Can a PI Use Wiretapping or Record Conversations?
In South Carolina, it is illegal for private investigators to wiretap phones or record private conversations without the consent of at least one party involved in the conversation. South Carolina is a one-party consent state for recording, meaning that it’s legal to record a phone conversation if at least one person involved in the call gives their permission.
A PI Cannot Obtain Protected Information Without Consent
PIs cannot access certain private information, such as bank accounts, financial records, and phone records without a person’s consent. They must adhere to federal privacy laws that regulate access to sensitive information, such as the Health Insurance Portability and Accountability Act (HIPAA) which protects medical records.
Private Investigators Cannot Hack Online Accounts
While private investigators can uncover plenty of valuable information by looking at someone’s public social media profiles, they cannot hack into social media accounts, email, or other online accounts. They also need permission to access phone records and computer data.
Private Investigators Cannot Harass or Intimidate People
Private investigators must conduct their activities without harassing or intimidating the subjects of their investigations. Harassment and intimidation are illegal and can lead to criminal charges and civil lawsuits against the investigator and their agency.
Private Detectives Cannot Impersonate Police Officers
Private investigators cannot impersonate law enforcement officers or any other government officials. They must clearly identify themselves as private investigators and cannot use badges or uniforms that might mislead someone into thinking they are police officers.
Private Investigators Cannot Conduct Unlawful Searches on Private Property
A licensed private investigator does not have the same search powers as a police officer. PIs cannot conduct searches of private property without consent. Any evidence obtained through unlawful searches is not admissible in court and can result in legal consequences for the investigator.
Reasons Clients Hire a PI
Private investigators are hired by a diverse range of clients, including both individuals and businesses. Individuals often seek the expertise of private investigators for personal matters such as child custody and divorce cases, where collecting evidence is crucial to support their claims in court. Family members may enlist a PI to help find a missing person. Additionally, individuals may hire private investigators for pre-marital background checks to verify the history and trustworthiness of a prospective spouse.
Businesses and law firms also frequently utilize private investigators. Companies may hire PIs to conduct employment background checks or to investigate suspected fraud or theft within the workplace. Insurance companies often employ private investigators to look into suspicious insurance claims, aiming to uncover any signs of fraud. Law firms enlist PIs to collect evidence for both criminal and civil cases.
Call Our Private Investigators in Greenville, SC Today!
At Upstate Private Investigators, we are committed to providing high-quality investigative services within the boundaries of state and federal laws. Our private investigators in Greenville, SC have the skills and tools to conduct thorough and effective investigations while adhering to the law.
Contact us today for a free consultation and learn more about how we can help you.