WHAT CAN A PRIVATE INVESTIGATOR LEGALLY DO

If you're curious about what licensed private investigators (PIs) are permitted to do under Tennessee law, here's a clear breakdown:

1. Operate Only With a Valid License

• In Tennessee, it's illegal to act as a private investigator or investigations company without first being licensed by the Tennessee Commissioner under Title 62, Chapter 26. This ensures professionalism and accountability.

2. Gather Information Across Broad Areas, Legally

• Licensed PIs may legally collect information relating to:

  • Crimes or threats of wrongdoing;

  • A person's identity, habits, reliability, affiliations, character;

  • Location of missing or stolen property;

  • Causes or liability for fires, injuries, accidents, or damages;

  • Evidence for use in courts or government proceedings.

3. Conduct Surveillance—Within Legal Limits

• Investigators can perform visual surveillance and use photography or video in public places where there's no reasonable expectation of privacy (like streets, parks, or parking lots).

• They cannot trespass on private property (e.g., entering a home, fenced yard, or private office) without permission.

• Use of devices such as GPS trackers on vehicles requires the consent of the vehicle’s owner—without it, placing such a device is illegal.

4. Record Conversations—With One-Party Consent

• Tennessee is a “one-party consent” state. That means PIs may legally record a conversation if they are a participant, or if at least one party consents.

• However, secret wiretapping or recording conversations between others, without any party's consent, is absolutely prohibited and breaks both federal and state law.

5. Access Public Records—but Not Private Ones Without Authorization

• Public records—like court filings, property deeds, and some government data—are generally accessible.

• Private records (medical, financial, emails, social media, etc.) require proper authorization. Tools like pretexting or hacking to obtain such information are illegal.

• Cooperation with attorneys and use of subpoenas or court orders is the correct path for accessing restricted or sensitive records.

6. Respect Ethics & Confidentiality

• Law explicitly prohibits PIs from:

  • Making false claims about their abilities to win work;

  • Charging for services not actually provided;

  • Providing clients with knowingly false reports;

  • Continuing futile investigations without client consent;

  • Disclosing client information unless required by law.

7. Understand Licensing Exemptions

• Certain individuals may be exempt from licensing—such as employees investigating internal affairs of their employer company—but only if under control of a licensed investigation firm.