Television makes private investigators look like they can do anything: break into phones, slap trackers on cars, pull bank statements with a phone call. Real investigators can't — and a client who asks for those things can end up with evidence a court won't use, or worse.
Here's a plain-English look at where the lines are in Arizona. (This is general information, not legal advice. Your attorney is the right person for questions about your specific case.)
What a licensed PI can do
- Observe and document in public. Investigators can conduct surveillance from places they're lawfully allowed to be and record what anyone in public could see.
- Research records. Court files, property records, business filings, liens, judgments and many other records are public or available through lawful investigative databases.
- Interview people. Investigators can locate and talk with witnesses who are willing to speak.
- Research open sources. Public social media and online information are fair game when accessed lawfully.
- Document and report. A good investigator turns all of this into a clear report with time-stamped photos, video and findings.
What a PI can't do
Pretend to be the police
Arizona law prohibits private investigators from impersonating law enforcement or government employees, and from advertising in a way that suggests a government affiliation. A PI has no power to arrest, detain or compel anyone to answer questions.
Record conversations they aren't part of
Arizona is a one-party consent state: a person who is a party to a conversation can generally record it. But intercepting a conversation you aren't part of, without the consent of someone who is, is a felony under A.R.S. § 13-3005. That means no hidden recorders left behind to capture other people's private talks.
Track people electronically without authorization
Arizona's stalking statute (A.R.S. § 13-2923) specifically includes using a GPS or other electronic device to surveil a specific person without authorization — continuously for 12 hours or more, or on two or more occasions — when the other elements of stalking are met. Courts have also limited warrantless GPS tracking by police. The takeaway for clients: don't put a tracker on someone's car, and don't hire anyone who offers to.
Photograph people in private settings
Surreptitious photographing or recording of people in private places — bedrooms, bathrooms, changing areas — is prohibited under A.R.S. § 13-3019. Surveillance stays in public view.
Trespass, hack or pretext
Investigators can't enter private property without permission, log into someone else's accounts, or trick a phone company or bank into releasing records. Federal law specifically protects financial and phone records from that kind of "pretexting."
Why this matters to you
Evidence gathered illegally can be excluded, can expose you to civil liability, and can hand the other side leverage. A disciplined, lawful investigation is not the cautious option — it's the effective one.
Have a situation and aren't sure what's possible? Ask us. We'll tell you honestly what we can do — and what no one should.
Sources: Arizona statutory criminal law overview (Without My Consent) · Digital Media Law Project — Arizona Recording Law · A.R.S. § 32-2457