Can a private investigator record a conversation in Illinois?
Illinois is one of the states that requires the consent of all parties to record a private conversation. That is a significant restriction, and it applies to you as much as to us.
So we do not make covert audio recordings of private conversations, and we would strongly advise you not to either without speaking to your attorney first. People arrive with a recording they made themselves, believing it to be their best evidence, and discover that it has become the biggest problem in their case.
Video is a different question. Observing and photographing what is plainly visible from a place we are lawfully entitled to be is the ordinary business of this profession, and it is what surveillance consists of.
Can you put a GPS tracker on someone’s car?
No. We do not place tracking devices on a vehicle belonging to somebody else. Illinois restricts it, and it is not a corner we are willing to cut.
There is a tactical reason as well as a legal one. In a family case, evidence obtained that way tends to become the subject of the hearing: the other side stops defending their conduct and starts attacking yours, and you lose the ground you walked in with.
Can you get phone records, bank records or medical records?
No. Telephone records and financial records are protected, and obtaining them by pretext — telephoning the company and pretending to be the account holder — is a federal crime. Medical records are protected as well. Anybody who offers to get them for you is telling you something important about how they operate.
Asset and income research is done properly, from lawful sources: public filings, recorded property instruments, court and judgment records, corporate and licensing records, and our own field work. It is slower than a pretext call, and it is the only version of the answer that is any use to you afterwards.
Can you get into an email account, a phone, or social-media messages?
No. Accessing somebody’s account, device or messages without authority is a computer crime under both state and federal law, and installing monitoring software on a phone that is not yours is no different.
What is publicly posted is public, and we look at it. The locked parts stay locked.
Will you follow someone onto private property?
No. We work from public vantage points and from places we are lawfully entitled to be.
An investigator who trespasses for one photograph hands the other side a reason to attack everything else in the file, and a reason to attack you for having commissioned it. One image is never worth that.
Do you have police powers?
None. A licensed private investigator is a civilian. We cannot arrest or detain anybody, we cannot compel a person to answer a question, and we cannot obtain a warrant or a court order.
What we have instead is time, method, equipment, and the discipline to document what we see so that somebody who does have those powers — or a judge — can act on it.
So what can a private investigator not do?
This is the list worth reading before you hire anybody in this profession, including us. We cannot, and will not:
- Make an arrest, detain anyone, or compel anyone to answer questions
- Obtain a warrant, or search a home, a vehicle or a phone
- Tap a telephone or intercept messages
- Obtain protected telephone, financial or medical records
- Place a tracking device on property that is not yours
- Access an account, device or private message without authority
- Enter private property without the right to be there
- Impersonate a police officer or any other public official
- Promise that a court will admit what we find, or agree with it
If another firm says they can do those things, why shouldn’t I use them?
Because you would be buying evidence that cannot be used, and exposure that cannot be undone. Unlawfully obtained material tends to be excluded, and in a family or civil matter its discovery shifts the whole hearing onto your conduct instead of theirs.
And the person who broke the law to get it for you becomes a witness against you from the moment the money changes hands. That is a poor position to put yourself in, whatever was in the file.