Types of Surveillance Investigators Use and the Law Behind Each

Investigators use seven methods. Three describe how you watch (static, mobile, foot). Four describe what you use (photography and video, audio recording, GPS tracking, online research). The U.S. Bureau of Labor Statistics describes the core task as keeping watch "through binoculars or take photographs, often from a hidden position" (BLS Occupational Outlook Handbook, last modified August 27, 2026).

• Static surveillance: observing a fixed spot, such as a doorway or driveway, from one position.
• Mobile surveillance: following a subject in a vehicle.
• Foot surveillance: following a subject on foot.
• Online research: collecting what is publicly posted, often called open source intelligence (OSINT).

Use this table before every job. Each test is a yes/no question, and a "no" means stop and read your state's law.

Covert and undercover work is a separate job with its own rules; our Undercover Investigator page covers it.

Any method can lead to charges if misused: audio recording and GPS trackers are criminal in themselves unless a consent exception applies, while watching and photographing become crimes through trespass, harassment or stalking. Those laws differ by state.

Audio. The federal wiretap statute, 18 U.S.C. § 2511, prohibits intentionally intercepting wire, oral or electronic communications. It exempts a person who is a party to the communication, or where a party has given prior consent, unless the purpose is criminal or tortious (meant to cause a civil wrong such as invasion of privacy). A violation can bring a fine, up to five years in prison, or both. Read the exception closely: an investigator who is not part of a conversation and has no party's consent cannot rely on it. Some states add stricter recording rules of their own, so check yours.

GPS trackers. No single national rule applies, and the two statutes we read show why:

• Texas. Texas Penal Code § 16.06: installing a tracking device on a vehicle owned or leased by another person is a Class A misdemeanor. It is an affirmative defense (a defense the accused must raise and prove) if the person had the owner's or lessee's consent, or if a licensed private investigator had that owner's or lessee's written consent (plus the property owner's or lessee's written consent if residential entry was needed) or a court order. Peace officers acting in a criminal investigation or under a court order are exempt.
• California. California Penal Code § 637.7 bars using an electronic tracking device to determine a person's location or movement. Its exceptions are the consent of the registered owner, lessor or lessee, and lawful law-enforcement use. It names no exception for private investigators. A violation is a misdemeanor, and licensed professionals face potential license revocation.

In both states, what matters is whose name is on the registration, not who hired you. Our reading is that a client who is not the registered owner or lessee cannot give that consent. Confirm the current text on your own state legislature's site, because these statutes get amended.

United States v. Jones (decided January 23, 2012) held that attaching a GPS device to a vehicle and monitoring it is a Fourth Amendment search (a government intrusion that requires a warrant or an exception). The case involved government agents, so state statutes, not Jones, set the rule for a private investigator.

Sorting surveillance methods by technology puts a camera and a tracker under the same label, but the law treats them differently. A technology list tells you what exists. A legal sort tells you what you may do on a given Tuesday in a given state. The two categories need different decisions. Our recommendation is to sort every method by the question it forces you to answer first: where am I standing, whose consent do I have, or whose account am I opening?

Run five tests before the first hour of a job, and stop on any fail.

Check your state's rules on licensing before you take surveillance work for hire (see Private Investigator Laws).

Our Surveillance course costs $80 as of October 2026. It is a 4-hour, self-paced course with rolling access and a certificate of completion. It covers the uses and types of surveillance, photographic and electronic surveillance, targets, and tips and tricks of the trade. It has 6 chapters and 32 lessons, with six assessments totaling 88 questions.

The course page lists 4 continuing education units (CEUs) in 13 states: Georgia, South Carolina, Oklahoma, Kansas, Iowa, Oregon, Kentucky, Minnesota, North Carolina, Tennessee, New Mexico, Arizona and Texas. Whether your licensing board accepts it for your renewal is the board's decision, so confirm with the board first.

For the record-keeping tests above, we also offer Collection and Preservation of Evidence, Note Taking, and Report Writing. To compare surveillance training across providers, see Which Investigator Certification Teaches Surveillance Best?

To ask which course fits your state, call us at (832) 922-1215 or (706) 268-2221, Monday to Friday, 9:00 AM to 6:00 PM EST, or start at learningshopusa.online.