Legal & Ethical Considerations Flashcards

Which of the following describes the investigator's duty when a client instructs them to falsify a report?

Answer: Refuse and, if appropriate, terminate the engagement

Falsifying investigative reports is unethical and potentially criminal; investigators must refuse such instructions and consider withdrawing from the case.

Under the Driver's Privacy Protection Act (DPPA), which of the following is a permissible use of motor vehicle record information?

Answer: Investigating insurance fraud or legal proceedings

The DPPA allows motor vehicle records to be used for specific permitted purposes including insurance investigations and legal proceedings.

An investigator hired in a civil case receives a settlement offer from opposing counsel requesting that the investigator suppress findings. The correct response is to:

Answer: Reject the offer and inform the client of the approach

Accepting compensation to suppress evidence is obstruction of justice and a serious ethical violation; the client must be informed of any such approach.

What is the significance of 'open source intelligence' (OSINT) from a legal standpoint in investigations?

Answer: OSINT gathered from publicly available sources is generally lawful to collect and use

Information freely available to the public through open sources can generally be collected and used by investigators without legal restriction.

Which of the following scenarios best exemplifies a violation of investigative professional standards regarding report writing?

Answer: Including personal opinions and unsupported conclusions as facts

Professional investigative reports must distinguish between observed facts and opinion; presenting unsupported conclusions as facts violates reporting standards.

When an investigator is uncertain whether a particular surveillance method is lawful in a given jurisdiction, the best course of action is to:

Answer: Consult legal counsel before proceeding with the method

When legality is uncertain, consulting an attorney before proceeding protects both the investigator and the integrity of the investigation.

Which of the following represents a key ethical obligation under the ASIS CPI code of professional conduct regarding competence?

Answer: Only undertaking assignments for which the investigator has adequate knowledge and skill

Professional standards require investigators to accept only those assignments they are competent to perform and to maintain up-to-date knowledge and skills.