Laws pertaining to Surveillance, Refuse Collection, and more.

Private investigators in Idaho have specific rules they must follow. Whether they’re conducting surveillance, collecting garbage, or using GPS tracking devices, their actions are controlled by both state and federal law. If you live in Boise, Nampa, Meridian, or anywhere in Idaho, it helps to know what’s legal and what crosses the line.

Here’s a clear breakdown of the most common legal areas private investigators must follow in Idaho — and how those laws affect you.

Surveillance in Idaho: What’s Allowed and What’s Not

Idaho is a one-party consent state. This means a conversation can legally be recorded as long as one person involved agrees to it. Idaho Code § 18-6702 makes it illegal to secretly record a conversation you’re not part of unless one participant agrees.

However, you cannot record anyone where they have a reasonable expectation of privacy. That includes bedrooms, bathrooms, and other private areas. Idaho Code § 18-6609, which covers video voyeurism, makes this very clear.

In real-world cases, this can get tricky. In one case I worked, a client hired me to watch her live-in boyfriend. She owned the home and gave me permission to observe from her property. The boyfriend later argued I invaded his privacy. But since the bedroom curtains were wide open and the room was clearly visible from a public street, I recorded from the sidewalk. I used Google Maps and a diagram to show my exact location in court. The judge ruled that my actions were legal and that there was no expectation of privacy under those conditions.

Takeaway: You can legally record or observe someone from public property or with permission from the owner of private property — as long as you don’t enter areas where privacy is expected.

Trash Collection: Can Investigators Search Your Garbage?

Yes, they can — but only if the trash is in a public area.
Once you place your garbage at the curb, in an alley, or anywhere marked for pickup, it becomes public. At that point, a private investigator can legally search it.

But if the trash is still on private property — like next to your house, behind a fence, or inside your garage — it’s off-limits. Touching it there would be trespassing.

Tip: If you’re worried about someone going through your trash, don’t take it out early. Wait until the morning of pickup.

GPS Tracking: Legal If You Own the Car

Idaho doesn’t have a specific law that bans or allows private investigators to use GPS trackers. So how does it work?

The general rule is this:
If someone owns or co-owns a vehicle, they can consent to GPS tracking. If your client’s name is on the registration, they can give legal permission to place a tracker.

But if they’re not listed on the title or registration, you shouldn’t use a GPS device.

Idaho Code § 18-6702 covers electronic communication and GPS data. It allows tracking only if the law is followed and consent is documented.

One notable case is State v. Danney (2010), where the Idaho Court of Appeals looked at GPS use in a criminal case. It didn’t involve private investigators directly, but it helped define what “reasonable privacy” means in Idaho.

Best practice: Only track vehicles with clear consent from an owner, and never place devices on someone else’s property.

Pretexting: Don’t Pretend to Be Someone You’re Not

Pretexting happens when someone pretends to be a law enforcement officer, government agent, or even the subject of an investigation to get private info. This is illegal.

Examples of illegal pretexting:

Calling a bank while pretending to be the account holder
Pretending to be law enforcement to get private data
Using fake identities to access records

Personally, I avoid this. There was one situation where a subject realized I was watching him. To protect the case, I showed my bail enforcement badge — I had an active warrant and contract at the time, so my actions were legal. But that’s very different from lying to get personal info.

Bottom line: Investigators should never misrepresent themselves to gain access to data.

DMV Records: What Investigators Can Access

Idaho Code § 49-203 allows licensed investigators to access certain motor vehicle records — but only for legal, permitted uses. This can include:

Finding vehicle owners in an investigation
Helping locate a missing person or suspect
Supporting bail recovery work

At MS Recoveries, we’ve used this data to confirm a subject’s address, identify a co-owner of a vehicle, and even help law enforcement locate a wanted person. It’s powerful, but it must be used correctly.

Audio Recording: One Party Must Know

In Idaho, audio recording is legal if at least one person knows it’s happening.
This applies to:

Phone calls
In-person conversations
Recorded video with sound

Idaho Code § 18-6702(2)(d) makes it clear that one-party consent is enough. If you’re part of the conversation, or one person gives permission, the recording is legal.

However, you can’t hide recording devices in a room and walk away — that would break the law.

Final Thoughts: Follow the Law, Stay Professional

Private investigators in Idaho have a wide range of tools, but we must use them carefully. Whether we’re watching someone from across the street, checking a trash can left on the curb, or tracking a vehicle, we always document consent, stay off private property, and follow state law.

At MS Recoveries & Investigations, we pride ourselves on knowing the law and staying within it. We take each case seriously and report only what we can verify.

Have questions or need an investigator in Idaho?
📍 Office: 2316 N Cole Rd, Suite E, Boise, ID 83704
📞 Call: (208) 918-1254
📧 Email: admin@msrecoveries.com
🌐 Website: www.msrecoveries.com