Delaware Private Detective Laws: Licensing, Recording and Limits

Who licenses private detectives in Delaware

Delaware licenses private detectives and investigative agencies through the Professional Licensing Section of the Delaware State Police (Title 24, Chapter 13).

The regulator is the Delaware State Police, Professional Licensing Section. Its website is the place to verify a license and to find the statutes and rules detectives must follow.

Recording conversations in Delaware

Delaware's statutes conflict: the wiretap law allows one-party consent, while an older privacy statute reads as all-party. Treat recording as a question for counsel.

Because Delaware's rule depends on the type of communication or has been interpreted differently, get legal advice before recording anything.

When a call crosses state lines, the stricter state's rule may apply. See our national guide to one-party vs. all-party consent.

GPS trackers and phone monitoring

Placing a tracking device on a vehicle you don't own, or installing monitoring software on someone else's phone, can violate state and federal law. Whether any tracking is lawful depends on ownership, consent and state law, so get legal advice first. Lawful mobile surveillance is the usual alternative.

Records detectives can and can't access

• Public records: court, property, business and many licensing records are available.
• Driver and vehicle records: access is limited to permissible purposes under the federal Driver's Privacy Protection Act.
• Phone records: obtaining them by pretext is a federal crime.
• Bank records: obtaining customer financial information by false pretenses is prohibited; account details come through legal process.
• Employment and tenant screening: governed by the Fair Credit Reporting Act.

Surveillance and privacy

Detectives in Delaware may observe and video people in public places and places they're lawfully present. They may not trespass, record inside private spaces, or impersonate law enforcement. See trespassing and privacy.

Complaints about a detective

Complaints about a licensed detective generally go to the Delaware State Police, Professional Licensing Section.

Common questions

Sources

• Delaware State Police, Professional Licensing Section (official regulator)
• Justia: Recording Phone Calls and Conversations, 50-State Survey
• Federal statutes referenced: Driver's Privacy Protection Act (18 U.S.C. § 2721), Telephone Records and Privacy Protection Act of 2006, Gramm-Leach-Bliley Act (15 U.S.C. § 6821), Fair Credit Reporting Act (15 U.S.C. § 1681)

Reviewed November 2026.