If you're considering hiring a private investigator, or you're simply curious about what PIs are allowed to do, it helps to know where the legal boundaries are. Licensed private investigators in Michigan have significant capabilities, but they're not law enforcement and they don't have unlimited authority.
What Private Investigators CAN Do
Conduct Surveillance in Public Places
Licensed PIs can legally observe and document a subject's activities in any public space. This includes photographing, videotaping, and taking notes about a person's movements, behavior, and interactions while they're in public areas such as:
Surveillance is one of the most common and powerful tools a PI uses, particularly in personal injury and workers compensation cases where the subject's claimed limitations need verification.
Search Public Records
Private investigators have access to a wide range of public records and databases, including:
Experienced investigators know how to cross-reference these records to build a comprehensive profile of a subject's history, assets, and connections.
Conduct Interviews and Locate Witnesses
PIs can approach and interview willing participants, including witnesses, neighbors, coworkers, and other individuals who may have relevant information. A skilled investigator knows how to ask the right questions and document responses in a way that's useful for legal proceedings.
They can also perform skip tracing, the process of locating individuals who may have moved or are otherwise difficult to find, using databases, public records, and field investigation techniques.
Perform Background Checks
Licensed investigators can conduct thorough background investigations that go beyond what online services provide. These include criminal history checks, employment verification, education verification, and social media analysis.
Document Evidence for Court
One of the most valuable things a PI does is gather evidence in a manner that's admissible in court. This means maintaining proper chain of custody, using legally obtained methods, and preparing detailed reports that attorneys can use in depositions, hearings, and trials.
Place GPS Trackers With Proper Authorization
Licensed PIs can place GPS tracking devices on vehicles when they have proper legal authority, such as consent from the vehicle's owner or a court order. GPS tracking is a valuable tool in surveillance, insurance fraud, and missing persons cases, allowing investigators to document a subject's movements accurately and efficiently.
What Private Investigators CANNOT Do
Break the Law
A private investigator cannot break any law in the course of an investigation. They are held to the same legal standards as any citizen and, in many cases, to higher professional standards due to their licensure.Trespass on Private Property
PIs cannot enter someone's home, office, or any private property without permission. They cannot peek through windows, climb fences, or use any means to access a space they haven't been invited into. Surveillance must be conducted from public spaces or locations where the investigator has a legal right to be.
Wiretap or Record Phone Calls Without Consent
Michigan is a one-party consent state for recording conversations, which means at least one party to the conversation must consent to the recording. However, a PI cannot tap phone lines, intercept electronic communications, or secretly record conversations to which they are not a party.
Hack Into Computers, Email, or Social Media Accounts
Private investigators cannot access someone's private electronic accounts, including email, social media, cloud storage, or any password-protected system, without authorization. This includes using software to bypass security measures or guessing passwords.
Impersonate Law Enforcement
PIs cannot represent themselves as police officers, federal agents, or any other law enforcement official. They cannot flash a badge, claim to have arrest powers, or imply government authority in any way. Doing so is a crime in Michigan.
Make Arrests
Private investigators do not have arrest powers. While Michigan law does allow for citizen's arrests in very limited circumstances (witnessing a felony in progress), PIs generally cannot detain, restrain, or arrest anyone.
Access Sealed or Protected Records
Certain records are off-limits to private investigators, including:
Why Hiring a Licensed PI Matters
The distinction between a licensed private investigator and an unlicensed individual conducting "investigations" is critical. Licensed PIs in Michigan:
When evidence is gathered by an unlicensed or untrained individual, it risks being thrown out of court, or worse, exposing the client to legal liability.
The Bottom Line
A licensed private investigator is a powerful resource for gathering facts and evidence within the bounds of the law. Whether you're an attorney building a case, an insurance company verifying a claim, or an individual seeking answers, knowing what a PI can and cannot do helps you set realistic expectations and work effectively with your investigator.
If you have questions about what an investigator can do for your specific situation, contact Priority Investigation for a free consultation. We'll walk you through the process and explain how we can help.