Free PILB Ethics and Regulations Questions and Answers — Questions and Answers
Question 1: Which of the following statements is correct with regard to private investigators?
- A Private Investigator must follow all laws Federal, Provincial and Municipal. (Correct answer)
- A Private Investigator has special authority to break laws for the purpose of investigating criminal activity.
- Since a Private Investigator is considered a Peace Officer he can do anything the police do.
- None of the above.
Correct answer: A Private Investigator must follow all laws Federal, Provincial and Municipal.
Explanation: <br> Private investigators are professionals who conduct investigations on behalf of individuals or organizations. They are not exempt from the law and must adhere to all applicable laws at the federal, provincial, and municipal levels. This means that they cannot break laws or engage in any illegal activities during the course of their investigations. Their authority is limited to gathering information within the boundaries of the law, and they do not have the same powers as law enforcement officers. Therefore, the correct statement is that a private investigator must follow all laws at all levels of government.
Question 2: In mobile surveillance if the Investigator is not careful what most likely could draw suspicion from your “target”?
- Staying a safe distance behind the target vehicle
- Erratic driving (Correct answer)
- Driving the speed limit
- None of the above.
Correct answer: Erratic driving
Explanation: <br> Erratic driving is the most likely behavior to draw suspicion from the target in mobile surveillance. This is because erratic driving can attract attention, raise suspicion, and potentially alert the target to the fact that they are being followed or monitored. Staying a safe distance behind the target vehicle and driving the speed limit are cautious and inconspicuous behaviors that would not typically raise suspicion. Therefore, the correct answer is erratic driving.
Question 3: Private Investigator Mary is hired by attorney Sam to help prove his client is innocent of a crime he is accused of. Mary goes out to interview neighbors near the crime scene and runs into a sex offender who attacks her in his garage. Mary sprays him with a tear gas weapon she carries openly on her belt at all times and thus escapes unharmed. Mary has not taken any training courses for such a simple weapon because it works so easily. Which of the following is the best answer?
- All Private Investigators should carry some form of self-defense weapon if they are doing any work in the field. Mary was smart to be prepared.
- Mary has violated the B&P Code and the Penal Code and may have her PI license suspended immediately by the Dept. of Consumer Affairs/BSIS. (Correct answer)
- Mary has not violated the law because the CA Penal Code §12403.5 specifically allows Private Investigators to carry tear gas (not guns) without taking a training course, as long as it is not concealed.
- Mary may be issued a citation and a fine by BSIS for not taking the required BSIS teargas course in advance of carrying the weapon.
Correct answer: Mary has violated the B&P Code and the Penal Code and may have her PI license suspended immediately by the Dept. of Consumer Affairs/BSIS.
Explanation: <br> Mary has violated the B&P Code and the Penal Code because she has not taken any training courses for the tear gas weapon she carries openly on her belt. This violation may result in the suspension of her PI license by the Department of Consumer Affairs/BSIS.
Question 4: A popular tabloid is known as “Extreme Press” hires a well-known Private Investigator named “Robert.” Extreme Press requests Robert to locate a popular vocal artist named Janet Star. Extreme Press also requests Robert to take close-up photographs of Janet’s face. Sources say Janet was recently beat by a former lover. Robert is able to locate Janet shopping in a clothing store. Robert approached Janet and asked her for an interview. Janet declines, mentioning “Not now.” When Janet begins to walk out of the store, Robert uses his body to block the exit. Robert says, “Hold on,” and snaps several photographs of Janet. Which of the following is true?
- Robert is able to take the photographs as long as he blocks Janet’s exit for a “reasonable” amount of time.
- There is no crime, tort, or administrative violation since celebrities lose a “reasonable expectation of privacy” afforded to others without celebrity status.
- The Bureau of Security and Investigative Services may impose a $3,000 fine and/or suspend/revoke Robert’s Private Investigator license.
- Robert is liable for up to three times the amount of any general and special damages, disgorgement, subject to punitive damages, and a fine of not less than $5,000, but no more than $50,000. (Correct answer)
Correct answer: Robert is liable for up to three times the amount of any general and special damages, disgorgement, subject to punitive damages, and a fine of not less than $5,000, but no more than $50,000.
Explanation: <br> Robert's actions violate Janet's right to privacy. Even though Janet is a public figure, she still retains a reasonable expectation of privacy in certain situations, such as when she is in a private setting like a clothing store. By blocking Janet's exit and taking close-up photographs against her wishes, Robert intrudes upon her privacy rights. This can lead to legal consequences, including potential civil penalties such as damages and fines. Additionally, such actions may result in the suspension or revocation of Robert's Private Investigator license by the Bureau of Security and Investigative Services.
Question 5: If you have any outstanding tax obligations due to the Franchise Tax Board (FTB) or the State Board of Equalization (BOE) and appears on either the FTB or BOE's certified lists of top 500 tax delinquencies over $100,000, BSIS is required to _________________.
- Suspend the license/certificate/registration of any applicant or licensee. (Correct answer)
- Deny the application for an applicant for a period not to exceed 30 days or suspend the license for a period not to exceed 60 days.
- Administer a fine of no less than $10,000, but no more than $5,000, and require the outstanding tax obligations to be met.
- Administer a fine of no less than $2,500, but no more than $5,000, and require the outstanding tax obligations be met within 90 days of notice.
Correct answer: Suspend the license/certificate/registration of any applicant or licensee.
Explanation: <br> If an individual has outstanding tax obligations and appears on the certified lists of top 500 tax delinquencies over $100,000 from either the FTB or BOE, BSIS is required to suspend the license/certificate/registration of any applicant or licensee.
Question 6: Mark, a private investigator, is hired by Corporation XYZ to perform pre-employment background checks on prospective employees. Which of the following is not true regarding the obtaining of credit reports for employment purposes?
- Mark may not obtain a credit report for employment purposes under any circumstances. (Correct answer)
- Mark can obtain a credit report for an applicant applying for a managerial position.
- Mark can obtain a credit report for an applicant applying for a position having regular access to bank or credit card information, social security numbers, and date of birth.
- Mark can obtain a credit report for an applicant applying for a position involving regular access to cash totaling $10,000 or more in one day.
Correct answer: Mark may not obtain a credit report for employment purposes under any circumstances.
Explanation: <br> Under the Fair Credit Reporting Act (FCRA), employers are required to obtain written consent from the applicant before obtaining their credit report for employment purposes. However, there are certain positions that are exempt from this requirement, such as managerial positions or positions involving access to sensitive financial information. Therefore, it is not true that Mark may not obtain a credit report for employment purposes under any circumstances.
Question 7: John, a private investigator, is hired by Corporation XYZ to perform pre-employment background checks on prospective employees. Prior to requesting a consumer credit report for employment purposes, which of the following is true?
- The user of the report must inform the person that a report will be used, identification of the specific basis for the use of the report, and cost.
- John may not use any form of the consumer credit report for employment purposes.
- The user of the report must inform the person that a report will be used, identification of the specific basis for the use of the report, the source of the report, and a check box if he/she desires a copy. (Correct answer)
- The user of the report must inform the person that a report will be used and a statement mentioning the person has a right to an attorney.
Correct answer: The user of the report must inform the person that a report will be used, identification of the specific basis for the use of the report, the source of the report, and a check box if he/she desires a copy.
Explanation: <br> According to the Fair Credit Reporting Act (FCRA), before requesting a consumer credit report for employment purposes, the user of the report must inform the person that a report will be used, provide identification of the specific basis for the use of the report, disclose the source of the report, and offer a check box if the person desires a copy of the report. This ensures transparency and allows the individual to understand and have control over the use of their credit report for employment purposes.
Question 8: Which of the following is true regarding the denial of employment based wholly or partly because of information contained in a consumer credit report?
- The applicant may file a lawsuit under the Equal Employment Opportunity Commission.
- The user of the report must advise the applicant that adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report. (Correct answer)
- The user of the report must report the findings to the Department of Labor, then the Federal Trade Commission.
- The user of the report does not have to do anything.
Correct answer: The user of the report must advise the applicant that adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report.
Explanation: <br> The correct answer is that the user of the report must advise the applicant that adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report. This is because the Fair Credit Reporting Act (FCRA) requires that when adverse action is taken based on information in a consumer credit report, the user of the report must provide the applicant with a notice that includes the name, address, and phone number of the consumer credit reporting agency that provided the report. This allows the applicant to contact the agency and dispute any inaccuracies in the report.
Question 9: When a private investigator is the first to arrive at a crime scene, what should his or her initial action be?
- Dusting for prints
- Calling the police (Correct answer)
- Photographing the scene
- Sealing the exits
Correct answer: Calling the police
Explanation: <br> When a private investigator is the first person to arrive at a crime scene, his or her initial action should be to call the police. The only exception to this rule is if there is an injured or endangered person, in which case the private investigator should provide assistance. Most of the time, a private investigator will not have access to a crime scene until after the police have finished their work. Before entering a crime scene, the investigator should always check with the police. It is all too easy to contaminate a crime scene inadvertently.
Question 10: Which of the following forms of hearsay would most likely be admissible in court?
- A statement describing plans to commit a crime in the future.
- A statement made in the heat of passion.
- A statement made by a witness on his or her deathbed.
- All of the above (Correct answer)
Correct answer: All of the above
Explanation: <br> All of the above statements would most likely be admissible in court. Hearsay evidence is the introduction or reporting of a statement made by someone other than the witness who is currently testifying. In most situations, hearsay evidence is inadmissible in court. However, a judge will often allow hearsay evidence if it entails plans to commit a crime in the future, or if it is made in the heat of passion. With regard to the latter scenario, the courts recognize that people often make incriminating or telling remarks in a moment of excitement and then either do not remember making the statement or deny having made it. In general, the courts will allow these remarks to be introduced as evidence. In similar fashion, the courts will often admit statements made by a witness on his or her deathbed as evidence. Not only would it be impossible for the witness to appear in court, but it may be presumed that a dying person has less incentive to lie.
Question 11: Which of the following is a potential problem with the "pride and ego down" interrogation technique?
- It is extremely time-consuming.
- It often results in physical violence.
- It risks forming too strong of a bond between the interrogator and the subject.
- If it fails, it may be difficult for the interrogation to continue. (Correct answer)
Correct answer: If it fails, it may be difficult for the interrogation to continue.
Explanation: <br> One potential problem with the "pride and ego down" interrogation technique is that, if it fails, it may be difficult for the interrogation to continue. This interrogation technique was developed by the United States military. In brief, it entails criticizing the subject so that he or she feels compelled to respond and, in doing so, possibly revealing more information than he or she should. There is the risk, however, that the subject will simply be offended or will refuse to cooperate, and the interrogation will be difficult to continue.
Free PILB Ethics and Regulations Questions and Answers
Which of the following statements is correct with regard to private investigators?