Whether you’re thinking about hiring an investigator or you suspect one is watching you, it helps to know exactly where California draws the line. The short version: a licensed private investigator can legally follow and observe someone in public, but there are firm limits on tracking devices, recording conversations, getting private records, and entering private property.
This article is general information about California law, not legal advice. Laws change, and specific situations can turn on details — talk to a California attorney about your circumstances.
Who regulates private investigators in California
Private investigators in California are licensed and regulated by the Bureau of Security and Investigative Services (BSIS) under the Private Investigator Act (Business and Professions Code section 7512 and following). A license is required to work as a private investigator for hire, and you can look up any license through the California Department of Consumer Affairs license search. Bear Witness operates under PI License #18755.
A license doesn’t give an investigator special legal powers. Investigators follow the same criminal and civil laws as everyone else — they simply do it professionally.
Can a private investigator legally follow you?
Yes, in public. In California, a private investigator can follow someone on public roads and sidewalks and observe them in places open to the public — parking lots, stores, restaurants, parks. The key legal idea is the reasonable expectation of privacy: what you do where anyone could see you is generally fair to observe and document.
What an investigator can’t do is trespass onto private property, enter a home, or gain access to a private space (such as a members-only facility) they aren’t permitted to be in. A license doesn’t change that.
How long can a private investigator follow you?
There’s no fixed time limit in California law on how long lawful surveillance can last. The limit is about conduct, not duration. California’s stalking law (Penal Code section 646.9) is aimed at someone who willfully and maliciously follows or harasses another person and makes a credible threat intended to place them in fear for their safety. Discreet, non-threatening observation for a legitimate purpose is a different thing — though an investigator who confronts, threatens, or harasses a subject can cross into unlawful conduct.
In workers’ compensation and insurance claims, surveillance commonly happens while a claim is open and its extent is in dispute. In family law, it’s often limited to specific parenting periods or time windows.
Can a private investigator follow you out of state?
A California license authorizes work in California. Other states have their own licensing rules, and some allow an out-of-state investigator to continue a case briefly while others require a local license or a locally licensed partner. A reputable investigator checks the rules before following a subject across a state line, and often arranges coverage with a licensed investigator in the other state.
Can a private investigator put a GPS tracker on your car?
Generally, no. California Penal Code section 637.7 prohibits using an electronic tracking device to determine the location or movement of a person. The main exception is when the registered owner, lessor, or lessee of the vehicle has consented to the device being used on that vehicle.
In practice, that means an investigator can’t legally place a tracker on a car belonging to a spouse, partner, employee, or anyone else just because a client asks. Vehicle ownership questions — for example, a car co-owned during a marriage — can get complicated, which is one more reason to talk to an attorney rather than act on assumptions. A firm that offers to “just put a tracker on it” is a red flag.
Can a private investigator record you?
Video and photos
Photographing or filming someone in a public place, where they have no reasonable expectation of privacy, is generally lawful and is the core of surveillance evidence.
Audio of conversations
Recording conversations is very different. California is an all-party-consent state: Penal Code section 632 makes it illegal to record a confidential communication without the consent of everyone in it, and Penal Code section 632.7 covers intercepting or recording calls involving cell or cordless phones. That’s why professional surveillance video is usually captured without audio.
Zooming into private spaces
California Civil Code section 1708.8 creates liability for using visual or audio-enhancing devices to capture images or sounds of someone engaged in personal or family activity where they have a reasonable expectation of privacy — for example, using a long lens to film inside a home. Penal Code section 647(j) separately criminalizes recording people in places like bedrooms, bathrooms, and changing areas. Legitimate surveillance stays in public view.
Can a private investigator get your phone, bank, or medical records?
Not by deception. Federal law prohibits “pretexting” — posing as someone to obtain their phone records (the Telephone Records and Privacy Protection Act of 2006) or financial information (the Gramm-Leach-Bliley Act). Medical records are protected by HIPAA and California’s Confidentiality of Medical Information Act.
What investigators can lawfully use includes public records (court filings, property records, business filings, many licensing records), commercially available data sources, interviews with willing witnesses, and records obtained through subpoena in an active lawsuit — which is done through attorneys, not by the investigator alone.
Can a private investigator hack or bug your phone?
No. Accessing someone’s phone, email, or accounts without permission violates California’s computer crime law (Penal Code section 502), and wiretapping or eavesdropping on communications violates Penal Code sections 631 and 632, along with federal wiretap law. Any investigator who offers to do it is offering to commit a crime — and the evidence would be useless in court anyway.
What if you think you’re being followed?
Lawful surveillance in public can’t be stopped simply because you don’t like it. But if someone threatens you, follows you in a way that makes you fear for your safety, enters your property, or tampers with your vehicle, call local law enforcement. If you believe a licensed investigator has acted improperly, you can file a complaint with BSIS.
How Bear Witness keeps surveillance legal
Everything above isn’t just a legal checklist for us — it’s what makes evidence usable. Surveillance gathered illegally can be thrown out, expose a client to liability, and sink a case. Our investigators work in public view, don’t use hidden trackers on vehicles a client doesn’t own, don’t record private conversations, and document every observation with dates and times so it holds up in family or civil court. Learn more about our surveillance services or read how professional surveillance actually works.
Frequently Asked Questions
- Is it illegal for a private investigator to follow you in California?
- No. A licensed investigator can lawfully follow and observe someone in public places where there is no reasonable expectation of privacy. They cannot trespass, threaten, or harass.
- Can a private investigator put a tracker on my car in California?
- Generally not. Penal Code section 637.7 prohibits using an electronic tracking device to find a person’s location, except when the vehicle’s registered owner, lessor, or lessee consents to its use on that vehicle.
- Can a private investigator record my conversations?
- Not confidential ones without consent. California requires the consent of all parties to record a confidential communication (Penal Code section 632). Surveillance video is typically captured without audio for that reason.
Have questions about your situation? Call 1(877)PROOF-24/7 for a free, confidential consultation with a licensed California investigator.