CPI Legal & Ethical Considerations 2 — Questions and Answers
Question 1: Under the Electronic Communications Privacy Act (ECPA), which type of interception is generally prohibited without consent or a court order?
- Recording a face-to-face conversation in public
- Intercepting a wire or electronic communication in transit (Correct answer)
- Reviewing publicly posted social media content
- Photographing a subject in a public park
Correct answer: Intercepting a wire or electronic communication in transit
The ECPA prohibits the interception of wire, oral, or electronic communications in transit without proper authorization.
Question 2: A private investigator discovers evidence of a crime unrelated to their current assignment. Ethically, what is the most appropriate course of action?
- Ignore it as it falls outside the scope of the assignment
- Immediately confront the suspect directly
- Report the information to the appropriate law enforcement agency (Correct answer)
- Use the information to expand the scope of the investigation without client consent
Correct answer: Report the information to the appropriate law enforcement agency
Ethical investigators report discovered criminal activity to law enforcement even when it falls outside their assigned case.
Question 3: Which legal doctrine allows evidence obtained through an unlawful search to be excluded from court proceedings?
- Doctrine of inevitable discovery
- Exclusionary rule (Correct answer)
- Plain view doctrine
- Good faith exception
Correct answer: Exclusionary rule
The exclusionary rule bars illegally obtained evidence from being used in criminal proceedings to deter unlawful government searches.
Question 4: When conducting a background check, what federal law primarily governs the use of consumer reports by investigators?
- Privacy Act of 1974
- Fair Credit Reporting Act (FCRA) (Correct answer)
- Freedom of Information Act (FOIA)
- Gramm-Leach-Bliley Act
Correct answer: Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act regulates how consumer report information can be obtained, used, and disclosed.
Question 5: An investigator is hired to surveil a subject but discovers the client is using the investigation to harass an ex-partner. What should the investigator do?
- Continue the investigation since the client is paying
- Immediately terminate the engagement and potentially report it (Correct answer)
- Reduce surveillance frequency to minimize harm
- Complete the case but remove personal information from the report
Correct answer: Immediately terminate the engagement and potentially report it
Investigators must withdraw from engagements being used for harassment and may have a duty to report stalking or harassment to authorities.
Question 6: Which of the following best describes 'pretext' in investigative practice?
- A written authorization from the client before beginning an investigation
- Using a false identity or scenario to obtain information (Correct answer)
- A legal search warrant obtained from a judge
- The preliminary review of public records before fieldwork
Correct answer: Using a false identity or scenario to obtain information
Pretext involves an investigator assuming a false identity or fabricating a scenario to elicit information, which may be legally restricted in certain contexts.
Question 7: Which constitutional amendment protects U.S. citizens from unreasonable searches and seizures and most directly impacts investigative practice?
- First Amendment
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Sixth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment guards against unreasonable searches and seizures, establishing limits that affect how evidence can be lawfully gathered.
CPI Legal & Ethical Considerations 2
Under the Electronic Communications Privacy Act (ECPA), which type of interception is generally prohibited without consent or a court order?