How Private Investigator Surveillance Works, and What the Law Allows
By David Schassler, licensed New York private investigator.
Surveillance means a licensed investigator watches a person from public places and records what anyone could see, with time stamped notes, photos and video. She cannot trespass, secretly record private talks in all party states, or put a GPS tracker on a car without the consent the state requires.
See more Shleuth in Google by making us a preferred source
We list 156 woman owned private investigation agencies. Surveillance is the job they list most after background checks. It is also the job clients misread most. Most surveillance pages online are written by an agency selling it. They tell you how sharp their people are and skip the laws that decide whether the video helps your case or sinks it. This guide does the opposite. It shows how a surveillance day really runs, and it names the actual laws in four states.
What Surveillance Really Is
Surveillance is watching a person and writing down what they do. That is it. The skill is doing it for hours without being seen, and writing it down well enough that a lawyer or a judge can trust it.
There are two basic kinds.
- Stationary. The investigator parks where she can see a home, a workplace or a parking lot and waits.
- Mobile. She follows the person by car or on foot when they leave, from a distance, without contact.
Most cases mix both, plus desk work. Before anyone sits in a car, a good investigator checks public records and what the person posts in public online. That desk work often tells her when to show up, which saves you hours.
The U.S. Bureau of Labor Statistics counted 39,500 private detective and investigator jobs in 2025. It notes that they conduct surveillance on cases, often from a hidden spot, and that surveillance hours can mean early mornings, nights and weekends (BLS Occupational Outlook).
How a Surveillance Day Runs
- Intake. You give a recent photo, the car, the plate, the addresses and the times that matter. The better your notes, the fewer hours you pay for.
- A plan. She picks the days and the time windows. A good plan targets the days something is likely to happen, not every hour of every day.
- Set up. She arrives before the subject is likely to move and parks on a public street with a clear view.
- Watch and follow. She logs every arrival, stop and departure with the time. When the subject drives off, she follows at a safe gap and gives up the tail if she might be seen.
- Film. She takes video and photos of what happens in public view. The time and place matter as much as the picture.
- Report. She writes up what she saw, hands over the media and stays ready to explain it if the case goes to court.
Some days nothing happens. That is normal. A day with no activity is still a fact, and it can matter in a custody or injury case.
What the Law Lets an Investigator Do
A private investigator license is not a police badge. It lets her do the same lawful things you could do, done with skill and written down. In every state she can:
- Watch and film what anyone on a public street could see.
- Follow a car on public roads, obeying traffic laws.
- Search public records and public social media.
- Talk to witnesses who agree to talk.
She cannot go onto private property without permission, look into a home through a window, hack an account, or pretend to be police. We cover the phone side in can a private investigator get phone records and the line between watching and harassing in can private investigators be charged with stalking.
Audio is the trap. Federal law allows a person who is part of a conversation, or who has one party's consent, to record it. Secret interception outside that rule can bring up to five years in federal prison (18 U.S.C. 2511). But federal law is only the floor. Some states demand that everyone in the talk agree. So ask whether her camera records sound, and when she turns it off.
GPS Trackers and Recording in Four States
Florida, California, Virginia and Texas are where the most agencies on Shleuth list surveillance, so we read those four codes ourselves in October 2026. They say this about recording a private talk and putting a tracker on a car.
| State | Recording a private talk | GPS tracker on a car | What it means for you |
|---|---|---|---|
| California | Every person in the talk must agree. A first offense can bring a fine up to $2,500, jail time, or both. Penal Code 632 | Not allowed unless the registered owner, lessor or lessee of the car agrees. It is a misdemeanor, and a licensed investigator can lose her license over it. Penal Code 637.7 | No secret audio of private talks, and no tracker on a car that is not yours. |
| Florida | Every person in the talk must agree. A violation is a third degree felony. Statute 934.03 | No tracker on another person's property without consent. A third degree felony. Consent is treated as withdrawn once a divorce is filed. Statute 934.425 | An investigator gets no more room than you have. If you could not place it, she cannot either. |
| Texas | A person who is part of the talk, or has one party's consent, has a defense. Secret interception is otherwise a second degree felony. Penal Code 16.02 | A Class A misdemeanor to put one on a car someone else owns or leases. A licensed investigator needs the owner's or lessee's written consent, or a court order. Penal Code 16.06 | Ask to see the written consent before any tracker goes on. |
| Virginia | One party to the talk may record or consent. Otherwise it is a Class 6 felony. Code 19.2-62 | A Class 1 misdemeanor to place one by deceptive means without consent. A registered investigator may place one with the property owner's consent, but not for a client under a protective order. Code 18.2-60.5 | Owner consent is the line. A protective order against you closes the door. |
Two things jump out. First, owning half of a car does not settle it. In Florida the tracker law treats consent as withdrawn once one spouse files for divorce. Second, a license does not widen the rules. Florida says an investigator working for you is covered only if you yourself could have done it. Texas wants written consent from the owner. Virginia shuts the door when the client is under a protective order.
Laws change and other states differ. If your case is in another state, ask the investigator which statute she follows, and ask your lawyer before you agree to any tracker or recording.
What You Should Not Ask For
A good investigator will say no to these, and that no protects you.
- A GPS tracker on a car you do not own, or a car you share once a divorce is under way.
- Secret audio of a conversation she is not part of.
- Photos through a window or over a fence into a backyard.
- Getting into a phone, email or social media account.
- Being seen on purpose, to scare the person.
Evidence gathered the wrong way can be thrown out. Worse, it can turn you into the person facing charges or a lawsuit. Our guide on whether you can be sued for hiring an investigator covers that risk.
What a Good Surveillance Report Includes
- The dates and hours worked, start to finish.
- A time stamped log of every sighting, stop and move.
- Addresses or places, so a lawyer can check them.
- Photos and video tied to the log by time.
- Plain facts with no guessing about what the person meant.
- The investigator's name and license number.
Ask to see a sample report with names blacked out before you hire. If the sample is a few blurry photos and a paragraph, keep looking.
What Moves the Bill
Surveillance is usually billed by the hour, plus mileage and other costs. A few things push the total up fast.
- Vague timing. If you do not know when something happens, she has to watch longer.
- Two investigators. Some cases need a second car to follow a subject who drives a lot.
- Travel. Hiring far from the subject adds drive time.
- Video editing and court time. Ask how these are billed.
Shleuth does not set rates. Our guide on what a private investigator costs shows how to compare quotes, and questions to ask before you pay a retainer keeps you from paying for hours you did not want.
How to Pick an Agency for Surveillance
In October 2026, 118 of the agencies on Shleuth listed the kinds of cases they take. Eighty one of them listed surveillance. Florida had the most with 13, then California with 9, Virginia with 7 and Texas with 5.
When you call, ask four things.
- What is your license number, and who will be in the car?
- Do you use GPS trackers, and what consent do you require?
- Do you record audio, and when?
- Can I see a sample report?
The best answers are plain and a little cautious. An investigator who says yes to everything is the one to avoid. You can check her license in a few minutes, then browse agencies in Florida, California, Virginia or Texas.
Primary Sources
- 18 U.S.C. 2511, interception of communications
- California Penal Code 632 and 637.7, with the Private Investigator Act, Business and Professions Code 7512
- Florida Statutes 934.03 and 934.425
- Texas Penal Code 16.02 and 16.06
- Code of Virginia 19.2-62 and 18.2-60.5
- U.S. Bureau of Labor Statistics, Private Detectives and Investigators
- Shleuth listing data, counted October 2026
All laws were read in October 2026. This is general information, not legal advice.
Fast Answers
How do private investigators do surveillance?
They watch a person from public places, follow by car at a safe distance, and log every move with the time. They film what anyone could see and write a report that ties the video to the log.
How do private investigators track you?
Mostly by watching and following in person, plus public records and public social media. A GPS tracker on a car needs the consent the state law requires, and in many states that means the owner's consent.
Can a private investigator record my conversations?
Only within the recording law. Federal law allows recording when one party to the talk consents, but states like California and Florida require every party to agree to record a private conversation.
Can a private investigator put a tracker on my spouse's car?
It depends on the state and who owns the car. In Florida, consent is treated as withdrawn once a divorce is filed, and an investigator can do no more than you could. Ask a lawyer first.
Is private investigator surveillance video allowed in court?
Video of what happened in public view is often used in court. A judge decides, and video gathered by trespass or illegal recording can be thrown out. A clear time stamped report helps.