We often receive questions like “Can you bug a room to record the audio?”  or  “Can you record my husband cell phone conversations?”

Although audio recording would be very useful in many investigations, the bottom line is most types of audio recording are illegal.  This would include telephone and cell phone conversations, audio within a room or car, etc.  As a result, we do not conduct any audio surveillance.

United States Code, Title 18, Section 2510 states:
“…‘oral communication’ uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.”

In plain terms, audio recording is illegal unless both parties are aware it is being done.  So in order to record audio within a room, car, building, office, store, or anywhere else…you would have to literally tell both parties they are being recorded, or have a clear sign posted indicating audio recording is in progress.  Obviously in terms of use by a private investigator, audio recording where both parties are aware they are being recorded is not very useful.

Given the above, we do not use any audio recording whatsoever and rely instead primarily on video & photographic evidence.  Although the federal law quoted above applies nationwide, individual state and local laws do vary and you should consult with a local attorney if necessary.[note title=”Please Note” align=”center”] We are not lawyers. The information above is a)based on the author’s opinion and interpretation, and b)purely for information purposes. It should NOT be taken as legal advice. [/note]