What Your Private Investigator Can & Cannot Do For You

Private Investigator Laws Massachusetts

Your private investigator has the tools at their disposal to help with a myriad of cases – insurance fraud, background checks, missing persons, infidelity, and general surveillance. There are various tactics that your PI will take to solve your case, but there are things that your investigator cannot do on your behalf. 

Here’s a look at a few key things your PI can and cannot do for you.

Can: Present evidence – including photos and other documents – obtained legally to your lawyer as part of your case. Your investigator may even be asked to testify. Since all surveillance and investigation follows the law, anything obtained is ready to be presented in a court of law.

Cannot: Present evidence that was obtained by anyone outside of your PI’s firm. Your investigator might work with other licensed PIs within their firm, however they cannot legally present any evidence that their firm didn’t have a hand in collecting. They will not be able to present photos or other documents that they did not collect themselves. Any connecting evidence – such as a video that you might have that backs up your PI’s photographic evidence – cannot be presented by your PI. Your investigator will certainly chase down leads for your case, but any documentation needs to be done by your PI.

Can: Chase down leads, talk to witnesses to piece together clues, and document truthful evidence, including photographs and written statements.

Cannot: Create a false narrative where there is no evidence. Sometimes there are cases where assumptions are being made by the client, and after an exhaustive investigation, there is no evidence whatsoever that the assumption is true. This can be true in infidelity cases, so if the client’s spouse isn’t cheating, your PI cannot fabricate documentation or put photos into misleading context.

Can: Survey and thoroughly photograph public places to document any and all suspicious activity related to their client’s case. They are able to speak to witnesses to chase down leads, as well as access databases that the average person doesn’t have access to. This helps your PI uncover the areas that they need to survey to get the evidence that their clients need.

Cannot: Record phone calls or conversations without consent. In select states, your PI is able to record conversations – either conducted by them or conducted by their client – by only getting the permission of one of the participants. However, in Massachusetts, all parties involved in a conversation or phone call is required to give consent to recording. This differs for video surveillance, where the PI is able to record a public area without consent. On private property, the PI must get consent from the property owner.

Can: Track down persons of interest, such as ex-spouses who owe settlement money, insurance fraud participants, missing persons, etc. Your PI will exhaust public records, as well as databases that they have access to, eyewitnesses, and any and all leads to successfully locate and document the client’s person of interest.

Cannot: Act as an officer of the law or a doctor. While your PI will locate the person you’re trying to track down, they cannot determine paternity or complete any other responsibilities that need to be carried out by a medical professional. They also cannot make arrests, however, many private investigators work closely with state and federal police to give them information, and will help them with the evidence the officers need to make an arrest.

If you have a case for a private investigator, the trained team at Driscoll Investigations can help. Reach out for an initial consultation with our team of investigators. 

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