Private Investigator Ethics: Codes, Law and Requests to Refuse

Private investigator ethics sit on three layers: an association code, state licensing law, and federal statute. Only the second and third carry penalties for everyone they cover. The code reaches only members, and the state rule reaches only licensees in that state.

The association layer. NALI's code has 33 rules in four sections: integrity of the profession, investigator-client relations, investigator-investigator relations, and transactions with other persons. Three provisions matter most to a new investigator:

• Rule 2:6: "Discretion and confidentiality by an investigator are expected and anticipated."
• Rule 2:8: "It is incumbent upon the investigator to be truthful and accurate in advertising, in dealings with clients, in reporting findings, and in communications to any tribunal, court or law enforcement agency."
• Rule 4:2: "An investigator working for an attorney or a client who is represented by counsel is precluded from contacting an individual represented by opposing counsel."

The Texas Association of Licensed Investigators (TALI) adds a rule on locating people. Before a member gives out identifying information, the code requires "appropriate due diligence to ensure that the client has a legitimate business or legal interest" (TALI code of ethics).

The state layer. Minnesota Rule 7506.0150 has four subparts:

1. No knowingly taking a service that conflicts with the interests of the license holder or another client. A prospective conflict must be disclosed, and written consent obtained from both parties.
2. Respond to clients within a reasonable time.
3. Respond to the board within a reasonable time.
4. Do not knowingly contract with unlicensed parties for regulated tasks.

Minnesota Statutes 326.3387 lets the board discipline a license holder for "fraud, deceit, or misrepresentation" in the business, for a false statement in an application, or for violating a board order. Other states word their rules differently, so read yours. Our guide to what a license does and doesn't cover explains the state layer.

The federal layer is the next section, because it is where most "ethical dilemmas" turn out to be crimes.

In our view, the two lower layers do different jobs. A code often asks for more than the law does, so a request can be legal and still break your association's code. The reverse never works: a code can't excuse something a statute forbids.

No. Obtaining a person's bank or phone records with a false identity or statement is a federal crime. The only exception that covers a private investigator is subsection (g) of the bank-records statute, for court-authorized child-support collection. Other exceptions cover law enforcement, financial institutions and insurers. A client's wishes are not an exception.

Pretexting means obtaining information by pretending to be someone else or by giving a false reason.

Banks. 15 U.S.C. 6821 prohibits obtaining a financial institution's customer information "by making a false, fictitious, or fraudulent statement or representation" to an officer, employee or customer, or by providing forged or stolen documents. The only exception that covers a private investigator is subsection (g). A state-licensed private investigator may obtain the information when reasonably necessary to collect child support from a person a court has found delinquent, if the action is court-authorized and otherwise lawful.

Phone records. The Telephone Records and Privacy Protection Act of 2006 (Public Law 109-476, enacted January 12, 2007) criminalizes getting confidential phone records through false statements, false documents, or access to an account without authorization. The base penalty is up to 10 years in prison. Aggravated cases can add up to 5 more years, and so can cases where the information may facilitate a crime of violence. Lawful law-enforcement activity is excepted.

What it costs a real investigator. On September 9, 2019, a federal judge in Arizona sentenced Keven McCleve, who had been a licensed investigator for more than 30 years, to three years' probation and a $5,000 fine. He had called banks and posed as the people he was investigating, giving their Social Security numbers and dates of birth to get balances and transactions. He was ordered to give up his professional licenses and not acquire any while on probation (KTAR News).

Pretexts beyond records. The two statutes above cover financial and phone records. Other deception is governed by your state's law and your board. Minnesota's "fraud, deceit, or misrepresentation" ground shows how broadly a board can read it. Our recommendation: never claim an identity or authority you do not hold, such as a customer, a police officer or an attorney, and never use a pretext against an institution that holds records.

Refuse any request that needs a false statement to a bank or phone company, and screen every other request against the table below before you accept it. Each row names the rule that governs and the default action.

Pre-engagement screen: six checks with a pass or fail

Decline script: "I can't get that by that method. It is a crime for me to do it, and for you to ask. Here is what I can do to get you to the same answer lawfully." Then say what the lawful route is. A client who didn't know the request was illegal will often accept this. One who pushes back has told you what you needed to know.

Both are governed by state law, which varies, so confirm the rule for the state where the work happens before you record or install a tracker.

Recording. In an all-party consent state, everyone in a conversation must agree to its being recorded. Investigators working for Uber in 2016 illegally recorded conversations in Massachusetts, which has that rule, and the evidence was excluded in federal court (Philip Segal, Pursuit Magazine, February 20, 2020). The lesson is that a recording that breaks the state's rule can cost the client the evidence, as well as the investigator a license. Our recommendation: look up the rule for the state where the conversation happens, and if you can't confirm it, don't record. Our guide to the types of surveillance and the law behind each covers the techniques.

GPS. Slate asked 20 investigators in 2012 whether they would put a GPS tracker on a spouse's car. Sixteen replied and one declined on legal grounds. Most of the rest said they would proceed if the client's name was on the vehicle's title (Slate, November 9, 2012). That sample is small and old, and it shows what investigators were willing to sell, not what the law allows. Our inference is that a name on the title is a fact to check, and the state's rule has to be confirmed separately.

Decide before you accept the work, and put it in the engagement letter. TALI's code lets confidentiality yield to a specific order or legal authority. NALI's Rule 2:6 states no exceptions. Whether a reporting duty applies depends on your state.

TALI's code also says members must alert clients to illegal or unethical activity and cooperate with law enforcement as required.

Our recommendation:

• State in writing, at the start, what you will not do and how confidentiality works.
• Ask a licensed attorney in your state whether any reporting duty applies to your kind of work. We don't give legal advice, and this answer varies by state.
• If a client's matter turns out to involve a crime partway through, stop and take advice before you hand over or withhold anything. Keep your notes and originals intact. Our guide to chain of custody shows what to log.

Take a course that teaches the criminal law and evidence rules your screen depends on, and confirm with your state board that it counts. State boards decide credit, and our guide to whether a PI course counts in your state shows how to check.

We offer two courses relevant to this page, both self-paced, with a certificate of completion. Prices are as of October 2026.

• Legal Aspects of Private Investigation costs $120. It has 49 lessons in 7 chapters plus a final exam, and covers criminal law, defenses to criminal prosecution, evidence types and categories, rules of evidence, court procedures, and confessions and standards of proof. There are 8 assessments with 172 questions in total.
• Minnesota Pre-Assignment Course for Private Detectives/Investigators costs $185 and takes 12 hours. It has 84 lessons in 12 chapters, with 11 quizzes and a final exam (80 questions in total). Privacy law and ethical conduct are among its topics, and it fulfills Minnesota's pre-assignment training requirement for private detectives and investigators.

If you work on the guard side, see our guide to the security guard code of ethics and our Ethics - Security Guards course ($40 as of October 2026).

To choose a course, call (832) 922-1215 or (706) 268-2221, Monday to Friday, 9:00 AM to 6:00 PM Eastern Time, or email sharondecet@yahoo.com.