Hiring a Private Investigator: What You Need to Know

Private investigators are a staple of TV dramas and crime shows, but we tend not to consider them for real life problems. However, sometimes it makes sense to hire a PI—if you suspect your spouse is cheating and lots of money is riding on it, for example, or if you need to track down your deadbeat ex for child support. When the police can’t or won’t look into an important matter on your behalf, a PI can be the answer.

But how do you know what to look for when hiring a PI? What are the laws that govern investigations, and can you get in trouble for violating someone else’s right to privacy? When is using a private investigator worthwhile?

A Word About Privacy Laws

Technology, such as GPS tracking, has completely changed the way PIs conduct investigations. A case addressing the legality of GPS tracking is currently pending before the U.S. Supreme Court (United States v. Jones), and several bills have been proposed in Congress that could affect the ability of private investigators to use geolocation, cell phone data, keystroke monitoring, and Internet tracking. Because these technologies are so new–and rapidly growing–it’s unclear where the line should be drawn in terms of protecting the privacy rights of American citizens. It’s likely that dozens of cases addressing technology and privacy issues will be heard in courts across the country, and that Congress will continue to struggle with the question of privacy rights in the coming years.

Why Hire a PI

Attorneys, especially criminal and divorce lawyers, sometimes hire PIs on behalf of their clients, but anyone can hire an investigator on their own. Obtaining proof that a spouse or partner is cheating is the most common reason people hire PIs, but they can help with other situations, such as determining the lifestyle of an ex in a custody battle, tracking down a person who owes you money, or finding family members after a death or in the case of an adopted person looking for birth family. Sometimes a simple background check is all you need. A private investigator can provide reassurance about a potential business partner, an employee, or the person your son or daughter is about to marry.

Why You Shouldn’t DIY Your PI

Though private investigating looks pretty straightforward on TV and in the movies, it is actually a highly skilled and, at times, dangerous profession. You might be tempted to do your own investigating, but without a license, knowledge of the technology and laws that apply to investigating, or nuanced training, you will likely fail and may also put yourself in danger. Much of what investigators do is illegal unless you are licensed—a good investigator knows the laws for his state and what he can and cannot legally do to obtain information. Furthermore, licensed PIs can obtain information to use in court that would not be admissible if collected by a civilian.

What to Look For When Hiring a PI

Experts say that you should never hire a private investigator based on advertisements or the Yellow Pages. Requirements for legally calling yourself a private investigator vary widely by state so, depending on your location, you could easily be scammed. Instead, you should always use a referral from someone you trust. Attorneys are a good source of PI referrals—usually they will have a trusted PI who they work with regularly. You can also ask your local sheriff’s office, police department, or FBI office. Things you want to look for when hiring a private investigator include:

•    A license. Not every state requires licensing to be a PI, but a license does mean the investigator had to meet certain criteria for education and experience. Never hire a PI that doesn’t have one.

•    Experience. Find out how long your investigator has been working in the field, what his background and technological experience is, and how many cases like yours he has completed. Your investigator should have significant experience with your type of case.

•    Court background. Choose someone who knows how to testify in court, preferably someone with a background in law enforcement or as a federal agent.

•    An office. Do not hire a PI who doesn’t have a legitimate, physical office.

•    References. Be sure to check them.

•    No disciplinary actions or complaints against him.

•    A clear fee structure. Most private investigators charge by the hour and provide a free initial consultation.