Setting the Record Straight About Private Investigators - Common Misconceptions
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Introduction
At Easton Secure Solutions, LLC, we get a lot of questions regarding what licensed private investigators can and cannot do. The truth is that popular media often distorts our world with a lot of misconceptions about methods, legal boundaries, and minimum ethical standards a private investigator employs. In this blog, we'll discuss some of those common myths, explain what's allowable under the law, and why setting ethical boundaries is important when conducting private investigations.
Myth #1: Private Investigators Can Access by Hacking Phones and Computers
Among the most common fallacies whispered is that private investigators can hack into personal devices, like phones, computers, or social media accounts, in order to retrieve information from them. In fact, this is illegal in the U.S. under federal law, which demands privacy. Here at Easton Secure Solutions LLC, we operate strictly with legitimate methods to gather this information, meaning we would never access anyone's devices without permission.
Instead, we use legal, successful methods such as OSINT and surveillance within the bounds of the law. These actually provide real insight without invading privacy or breaking any laws.
Myth #2: Private Investigators Can Access Bank Records without a Subpoena
Another common myth is that private investigators can access a person's bank account or financial records at will, without the need for a subpoena. The truth is that bank records are protected by strict privacy laws. For example, the Gramm-Leach-Bliley Act prohibits the disclosure of any financial institution's nonpublic personal information to unaffiliated third parties without the customer's prior consent or permissible use. Even certian data from these records can only be made available to law enforcement agencies or attorneys of record in particular cases upon presentation of court orders or subpoenas.
Although we do not have direct access to any bank records, we do analyze publicly available financial behaviors. In some cases, we investigate patterns of spending consistent with a particular lifestyle or review data found in financial disclosures, if that data is legally obtainable. A Properly licensed Private Investigator with appropriate access can obtain some financial data like "Credit Headers", with permissible use in certain investigations.
Myth #3: Private Investigators Operate Outside the Law When Conducting Surveillance
Surveillance is perhaps one of the most common tools attributed to private investigators. It has its limits, however. The fanciful idea that any private investigator can "spy" upon anyone at any time is purely imaginary. Surveillance activities are bound by laws, which vary jurisdiction to jurisdiction, and we follow those rules strictly. For instance, we cannot conduct surveillance on private property without permission. Instead, we use public spaces and public records tools so that our results are both lawfully obtained and admissible in court.
Myth #4: Private Investigators can track people with GPS without permission.
One of those myths we all think we know: a private investigator slaps a GPS tracking device onto someone's car or property without seeking permission. Actually, in most states it is illegal to track the location of a target using a GPS device without permission from the vehicle owner. To legally use GPS tracking, we have to obtain permission from the owner of the vehicle.
At Easton Secure Solutions, LLC, we respect the privacy laws and will not install any device that could track them without obtaining proper permission. Respecting the privacy and legal bounds is the core of our approach to making sure information that may be gathered is ethically and legally obtained.
Myth #5: Private Investigators Can Obtain Phone Records Without Permission
Like bank records, telephone records are afforded a certain amount of privacy under the law. Without the consent of the subject or a court order, we have absolutely no legal way to obtain the call logs, text messages, or any records of their use of a telephone. Any private investigator who says otherwise is either lying or breaking the law.
Building Appropriate Expectations when hiring a Private Investigator
Choosing a private investigator is an important decision for you, and knowing what the legal boundary will bring certainty to our clients on what they are going to expect from us. Here at Easton Secure Solutions LLC, we practice within the bounds of the law and employ techniques and means acceptable to produce ethical, effective, and court-admissible results for our clients.
If you are in need of an experienced private investigator, contact us today. At Easton Secure Solutions, we take pride in ensuring that ethics standards are followed in order to bring results constructively without crossing those gray lines legally built in for everyone's protection.
Conclusion
We would like to dispel some of these fallacies so that it becomes easier for everyone to understand what private investigators can or cannot do. Here at Easton Secure Solutions, LLC, ethical and legal considerations are at the heart of our work. Have questions about our services? We provide in person investigations in NYC and Long Island. In some cases, we also provide remote investigations throughout New York State. Contact us today to learn how we can help you.