Covert & Overt Investigation Methods Flashcards

Which ethical principle most directly prohibits a CSI from using deception that causes psychological harm or places an unwitting subject in a false light?

Answer: The principle of non-maleficence

Non-maleficence — 'do no harm' — prohibits investigators from using deceptive techniques that cause psychological, reputational, or financial harm to a subject beyond what is necessary and justified.

An investigator is conducting mobile surveillance and loses sight of the subject's vehicle. What is the BEST next action?

Answer: Radio other team members with the last known direction and attempt to reacquire at predictable locations

Coordinating with team members to cover likely routes or destinations while avoiding high-speed driving is the safest and most tactically sound response to losing a subject.

What distinguishes an 'admission' from a 'confession' in the context of investigative interviews?

Answer: An admission acknowledges specific facts while a confession is a complete acknowledgment of guilt

An admission is a statement acknowledging specific incriminating facts, while a confession is a complete acknowledgment of guilt for the act under investigation.

A CSI uses a drone to conduct aerial surveillance of a subject's fenced private property. Which concern is MOST legally significant?

Answer: Potential violation of the subject's reasonable expectation of privacy over their curtilage

Courts have extended Fourth Amendment-like privacy expectations to the curtilage (the area immediately surrounding a home), and aerial surveillance of enclosed private property may violate these expectations regardless of drone registration.

In a covert investigation involving potential insurance fraud, when should the investigator share surveillance results with the client's attorney rather than directly with the client?

Answer: When litigation is anticipated, to ensure materials are protected by attorney-client or work-product privilege

Directing reports through retaining counsel when litigation is anticipated can protect the investigative materials under work-product doctrine, shielding them from discovery by opposing parties.

What is a 'bait vehicle' or 'bait property' operation, and what legal safeguard is essential before conducting one?

Answer: Property intentionally left accessible to attract a theft suspect; requires careful documentation to avoid entrapment claims

Bait operations use attractive targets to draw out theft or fraud suspects, but investigators must carefully document that the subject was predisposed to commit the act to avoid entrapment defenses.

Which of the following best describes the 'Reid Technique' and its primary criticism in modern investigative practice?

Answer: A behavioral-based interrogation method; criticized for potentially producing false confessions

The Reid Technique uses behavioral analysis and psychological pressure to elicit confessions, but research has shown it can produce false confessions, particularly from vulnerable populations.