Risk Assessment Flashcards

A defense investigator learns of a witness's address from a client who threatened that witness. What should the investigator do FIRST?

Answer: Tell the supervising attorney right away so the ethical and safety obligations can be weighed

The investigator works under the attorney's direction, and the attorney has to judge confidentiality, crime-fraud, and safety duties.

Which practice BEST lowers the risk of chain-of-custody challenges for physical evidence?

Answer: Writing down every transfer with date, time, signatures, and the condition of the item

An unbroken, documented chain of custody shows the evidence was not altered or tampered with.

Under the Driver's Privacy Protection Act (DPPA), when may a licensed private investigator obtain DMV personal information?

Answer: For a permissible purpose, such as use in connection with litigation

The DPPA lists permissible uses, including litigation-related use and use by licensed private investigators for a permitted purpose.

Before interviewing a witness at the witness's home, what is the MOST prudent safety step?

Answer: Tell the office your location and expected return time, and research the address and occupants

Check-in procedures and pre-visit research are basic safety controls for field interviews.

What is the main legal risk of an investigator posing as a law enforcement officer to get information?

Answer: Criminal charges for impersonating a public officer

Impersonating a law enforcement officer is a crime in every US jurisdiction, and the evidence gathered may also be suppressed.

Which consumer report rule is MOST relevant when an investigator runs background checks for employment decisions?

Answer: FCRA disclosure and written authorization requirements

The FCRA requires a stand-alone disclosure and written authorization before a consumer report is obtained for employment purposes.

An investigator must decide whether to keep following a subject who has clearly noticed the surveillance. What is the BEST risk-based decision?

Answer: Break off the surveillance to avoid confrontation and protect the integrity of the case

Once surveillance is detected, continuing raises the risk of confrontation and harassment claims while adding little value.