Legal & Ethical Considerations Flashcards
7 cards from real CPI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Ethical Considerations flashcards as text
What is the primary purpose of a 'chain of custody' document in an investigation?
Answer: To track the handling and possession of evidence to ensure its integrity
Chain of custody documentation tracks every person who handled evidence, preserving its integrity and admissibility in court.
Under most state laws, recording a phone call with only one party's consent is referred to as:
Answer: One-party consent recording
One-party consent recording requires only that one participant in the conversation (which can be the investigator) consent to the recording.
An investigator working on a civil case is subpoenaed to testify about their findings. What is their ethical obligation regarding confidential client communications?
Answer: Disclose all information under oath as legally required
Investigators must comply with lawful subpoenas and provide truthful testimony, even if it involves confidential case information.
Which of the following actions would most likely constitute civil liability for an investigator conducting surveillance?
Answer: Installing a hidden camera inside a subject's private bathroom
Installing surveillance equipment in a location where the subject has a reasonable expectation of privacy, such as a bathroom, constitutes invasion of privacy.
The legal concept of 'reasonable expectation of privacy' most directly determines:
Answer: Whether covert observation or recording in a particular location is lawful
Courts use the reasonable expectation of privacy standard to determine whether surveillance or recording activities violate privacy laws.
A CPI investigator is asked by a client to obtain a subject's private bank records through deception. The investigator should:
Answer: Decline because obtaining records through deception likely violates the Gramm-Leach-Bliley Act
The Gramm-Leach-Bliley Act prohibits using false pretenses to obtain private financial records, making this request illegal.
What does 'spoliation of evidence' refer to in the context of an investigation?
Answer: The intentional or negligent destruction, alteration, or concealment of evidence
Spoliation of evidence is the destruction or significant alteration of evidence, which can result in serious legal and ethical consequences.