FREQUENTLY ASKED QUESTIONS

 

Question: I want to bug my phone; can a private investigation bug a phone?

Answer: It is illegal to bug a telephone, the General Business Law strictly forbids private investigators to be involved in any activity which would involve the interception or recording of a conversation where the parties of the conversation are unaware that the conversation is being recorded or intercepted. (In New York State, one party to the conversation has to be aware that the conversation is being recorded for the recording to be legal or admissible as evidence.)

 

Question: The phone belongs to me why can’t I bug my own phone?

Answer: The actual phone may indeed belong to you but the phone lines do not. You may be charged criminally for bugging a phone and you may be vulnerable to a civil suit. You may be sued by the individual’s whose conversation you surreptitiously recorded.

 

Question: I am looking for an ex-girlfriend/ ex-boyfriend; can a private investigator locate the individual?

Answer: Yes. A private investigator can locate the subject, but to comply with the laws governing stalking and harassment, (the investigator is obliged to protect the privacy of the individual.) Once the person is located the investigator can forward a letter or contact the subject on your behalf, and ask if their address and phone number can be given to you, the client. If the subject denies permission then the investigator has no choice but to respect the person’s wishes.

 

Question: I have a license plate number, if I give it to a private investigator, can the investigator access the DMV for the information?

Answer: Yes. Any established Private Investigative Firm, should have DMV access for investigative needs consequently, the same laws which govern stalking and harassment also apply to this situation. Private investigations run license plates in the course of conducting investigations on a regular basis. In most cases, when someone calls with a plate number, a conscientious investigator will refuse to run the plate unless the information can be give to an attorney.

 

Question: I want to do a background investigation on someone; can a private investigator run a credit report?

 

Answer: According to the Fair Credit Reporting Act, in order to gain access to someone's credit information, a signed release is required. Without a signed release from the individual, a private investigator would be in violation of the law.

 

Question: How do Private Investigators charge for their services?

 

Answer: Most cases are charged out by the hour and the mile plus expenses. Of course, there are those situations where a service may have a flat rate price for the entire investigation. In New York State, a private investigator’s services are subject to sales tax (In all situations, a retainer fee up front is required). A contract is provided which states what charges and expenses the client is responsible for, the amount of the retainer required, what services the investigator will provide, and the contract limits the investigator to an amount agreed upon which cannot be exceeded without the written permission of the client.

 

Question: I have a personal problem which may require the services of a private investigator, but I am concerned about the confidentiality especially if I decide not to go forward with the investigation.

Answer: The general business law requires private investigators to maintain confidentiality of all investigation. This applies to those individuals to decide not to go forward with the investigation. All reports, video/photographs are shared only with you the client or your agent attorney or designated relative.