Can Private Investigators Hack Into Phones, Wiretap or Eavesdrop?

11/27/2019

We do not and will not conduct any type of investigation that requires recordings and/or transmissions as that would make us both criminally and civilly liable for violating the Federal Wiretap Act (18 U.S.C. § 2520) as well as state statutes and criminal codes. Furthermore, the evidence obtained would be useless as evidence because it is illegal to obtain. Many clients as well as the general public misunderstand what is legal and what is illegal when it comes to hacking into phones, wiretapping and eavesdropping.

49 states, with the exception of Vermont, have statutes and regulations modeled after the Federal Wiretap Act, which makes it a crime to secretly audio record a conversation on phones and in general. Statue 18 U.S.C. §2511(1)(a) states it is illegal "to use the information on an illegally made recording, or to disclose information that was illegally recorded without prior notice and consent". “One-party” consent is also what is required under federal law 18 U.S.C.§ 2511 and again many people misunderstand the law and can easily get in trouble.

Keeping in mind the above statues and laws it is advisable to also remember the following as these statues apply as well;

• Just because it may be your house, phone, car, space etc. it is not legal to conduct eavesdropping, wiretapping or phone tapping.
• Hacking into someone's email because they used your computer is not legal.
• Tracking someone's cell phone is not legal.
• Hacking or obtaining someone's voice mail and or texts is not legal, even if the phone is on your account.

Phone calls, conversations, emails, texts etc. are not legal for you to obtain, record, or listen to. Contact a licensed Private Investigation agency, such as Discreet Investigation Services, a law firm or a law enforcement agency if you have questions about this before doing something that is illegal and should not be conducted.