Free Private Investigator Questions and Answers â Questions and Answers
Question 1: Which of the following statements about private investigators is true?
- When investigating criminal activities, a private investigator has specific permission to break the law
- A private investigator is required to abide by all applicable federal, state, and local regulations (Correct answer)
- None of the above
- Since a private investigator is a peace officer, he can carry out all police-related duties
Correct answer: A private investigator is required to abide by all applicable federal, state, and local regulations
Private investigators, despite their unique role, are not above the law. They must operate within the legal framework established by federal, state, and local statutes and regulations. Unlike peace officers, they do not possess special powers to break laws or carry out police duties, and their actions are subject to legal scrutiny like any other citizen or professional.
Question 2: If the investigator is not attentive during mobile surveillance, they can do something that makes their "target" suspicious.
- Driving the speed limit
- Staying a safe distance behind the target vehicle
- None of the above
- Erratic driving (Correct answer)
Correct answer: Erratic driving
Erratic driving during mobile surveillance, such as sudden speed changes, unusual maneuvers, or inconsistent following distances, makes the surveillance vehicle conspicuous. This behavior draws undue attention to the investigator, increasing the likelihood that the target will become suspicious and detect the surveillance. Maintaining a natural and consistent driving pattern is crucial for remaining undetected.
Question 3: Wilson works in retail sales. He happens to catch an old detective program one day. Despite having no expertise in the field, he decides to work as a "private investigator." He buys some camera equipment, dons an old trench coat, and starts pursuing clients who pay him for his investigation servicesâdespite never claiming to be licensed. Naturally, Wilson's inexperience causes him to make several severe errors, which causes his irate customers to report him to BSIS. What could Robert be subjected to?
- Wilson could receive a citation from BSIS and, if necessary, an order of abatement and an administrative fine of up to $5,000 (Correct answer)
- Following Civ, BSIS may promptly order Wilson's arrest for misdemeanor fraudâcode 1572âwhich might result in a year in the county jail
- Authorities may ignore Wilson because he has not actually broken any laws
- According to B&P Code 7520.1(c), Wilson may be given a $2,500 fine and charged with an infraction; however, during his arraignment, Robert could choose to have his case treated as a misdemeanor instead
Correct answer: Wilson could receive a citation from BSIS and, if necessary, an order of abatement and an administrative fine of up to $5,000
Operating as a private investigator without the required license is a serious violation of state regulations. The Bureau of Security and Investigative Services (BSIS) is the regulatory body responsible for licensing and oversight, and they have the authority to issue citations, order the cessation of unlicensed activity (abatement), and impose significant administrative fines, often up to $5,000, for such offenses.
Question 4: Chris promotes private investigation services in an internet phone book even though he is not qualified. What type of action can BSIS undertake?
- BSIS can only ask Chris to remove his listing because it has no control over online advertising.
- A citation with a $5,000 administrative fine and a stop-and-desist order should be issued. (Correct answer)
- Publish a citation with a maximum administrative fine of $7,500.
- Inform the district attorney's office in your area to pursue charges.
Correct answer: A citation with a $5,000 administrative fine and a stop-and-desist order should be issued.
Advertising private investigation services without being properly licensed is a violation of the Business and Professions Code. The Bureau of Security and Investigative Services (BSIS) has the authority to take disciplinary action against unlicensed individuals who advertise such services. This typically includes issuing a citation, imposing an administrative fine (which can be up to $5,000 for such offenses), and issuing a stop-and-desist order to prevent further illegal advertising.
Question 5: Dan, an attorney, hires private investigator Celine to help establish his client's innocence concerning a crime for which he is accused. When Celine goes outside to talk to some residents near the crime scene, she encounters a sex offender who assaults her in his garage. Celine disarms him with a tear gas canister she always has visible on her belt, allowing her to leave safely. Given how simple it operates, Celine hasn't taken any training for the weapon. What is the best response among the following?
- The Department of Consumer Affairs/BSIS may immediately suspend Celine's PI license due to her B&P and Penal Code violations (Correct answer)
- If private investigator is working in the field, they should always have a self-defense weapon with them. Celine was wise to be organized
- Because Celine did not complete the mandatory BSIS teargas course before carrying the weapon, BSIS may issue a ticket and a fine.
- Celine has not broken the law because private investigators are allowed to carry tear gas (not weapons) without taking a training course as long as it is not concealed, according to California Penal Code 12403.5.
Correct answer: The Department of Consumer Affairs/BSIS may immediately suspend Celine's PI license due to her B&P and Penal Code violations
In California, carrying and using tear gas, even for self-defense, requires specific training and certification from the Bureau of Security and Investigative Services (BSIS). Celine's failure to complete this mandatory training before carrying and deploying the weapon constitutes a violation of both Business and Professions Code and Penal Code. Such violations can lead to severe disciplinary actions, including the immediate suspension or revocation of her private investigator license.
Question 6: A well-known private investigator named "Clinton" is hired by a prominent tabloid called "Extreme Geeks" to find a renowned vocalist named Lisa Star. Additionally, Clinton is asked by Extreme Geeks to capture up-close pictures of Lisa's face. According to sources, a former lover recently beat Lisa. Clinton finds Lisa as she is browsing in a clothing store. Lisa was approached by Clinton, who requested an interview. Clinton uses his body to block Lisa's escape as she leaves the store after declining and saying, "Not now." "Hold on," Clinton commands before taking several pictures of Lisa. <br> Which statement is accurate?
- Clinton is responsible for disgorgement, punitive damages, up to three times the amount of any general and special damages, disgorgement, and a fine of not less than $5,000 but not more than $50,000 (Correct answer)
- "He can shoot the pictures if Clinton stands in Lisa's way for a "reasonable" period"
- Since celebrities no longer have the same "reasonable expectation of privacy" as those with stock status, there is no criminal, tort, or administrative infraction
- In addition to a $3,000 punishment, the Bureau of Security and Investigative Services has the authority to suspend or revoke Clinton's private investigator license.
Correct answer: Clinton is responsible for disgorgement, punitive damages, up to three times the amount of any general and special damages, disgorgement, and a fine of not less than $5,000 but not more than $50,000
Clinton's actions, including physically blocking Lisa's exit and taking photos against her will, constitute harassment, false imprisonment, and invasion of privacy, especially given Lisa's vulnerability after a reported assault. California law, particularly Civil Code sections related to invasion of privacy and harassment by private investigators, imposes severe penalties for such conduct. These penalties can include substantial fines, disgorgement of profits, and significant punitive damages to deter egregious behavior.
Question 7: Corporation Geeks engages private investigator Mark to do pre-employment background checks on potential hires. Which of the following is true before seeking a consumer credit report for employment?
- The report's user must disclose the cost, the reason the information will be used, and the fact that it will be used
- The report's user must notify the person that a report will be used, identify the precise justification for usage, provide the report's source, and include a checkbox if the person wants a copy. (Correct answer)
- The person who uses the report must notify the person that it will be utilized and include a statement indicating the person has a right to legal representation
- Mark is not permitted to use a consumer credit report for employment-related objectives
Correct answer: The report's user must notify the person that a report will be used, identify the precise justification for usage, provide the report's source, and include a checkbox if the person wants a copy.
The Fair Credit Reporting Act (FCRA) mandates specific disclosures when an employer or their agent (like a private investigator) uses a consumer credit report for employment purposes. Before obtaining the report, the individual must be clearly notified that a report will be used, the precise reason for its use must be stated, the source of the report identified, and they must be given the option to request a copy of the report.
Question 8: Which of the following terms best defines discreet surveillance?
- Covert
- Tight
- Loose (Correct answer)
- Burn
Correct answer: Loose
Discreet surveillance, often referred to as 'loose' surveillance, involves maintaining a significant distance from the target and adopting a low profile to avoid detection. The primary goal is to observe without the subject becoming aware of the surveillance, allowing the investigator to gather information subtly and without drawing attention to themselves.
Question 9: _____________ is the secret, ongoing observation of people, places, and things to learn about people's activities and identities.
- A visual
- A tail
- A hare
- Surveillance (Correct answer)
Correct answer: Surveillance
Surveillance is precisely defined as the secret, continuous observation of individuals, locations, or objects. Its core purpose is to gather information about activities, behaviors, and identities without the subject's knowledge, making it a fundamental tool in private investigation and law enforcement.
Question 10: Surveillance is utilized except for ________.
- Information-gathering
- Gathering evidence which will lead to a certain conviction (Correct answer)
- Apprehending criminals
- Crime prevention
Correct answer: Gathering evidence which will lead to a certain conviction
While surveillance is a powerful tool for gathering information and evidence, preventing crime, and apprehending criminals, it cannot guarantee a 'certain conviction.' Convictions in court depend on a multitude of factors, including the admissibility and strength of all evidence, legal arguments, and judicial processes. Surveillance merely contributes to the body of evidence, not a guaranteed outcome.
Question 11: __________ can be used to find and catch people who are wanted.
- Facial recognition software (Correct answer)
- Anthropometry
- Blood pressure
- The polygraph
Correct answer: Facial recognition software
Facial recognition software is a specialized technology designed to identify individuals by analyzing and comparing unique facial features from images or video against a database. This capability makes it an extremely effective tool for locating and identifying wanted persons in various contexts, including surveillance footage or public records.
Question 12: Polygraph tests are used for all of the following except ______.
- To obtain additional investigative leads
- To verify, corroborate, or refute statements
- To focus investigations
- To compel suspects to confess (Correct answer)
Correct answer: To compel suspects to confess
Polygraph tests are primarily investigative tools used to gather leads, verify or refute statements, and help focus an investigation by assessing physiological responses to questions. However, they are generally not admissible as definitive evidence in court and are not used to legally compel suspects to confess. Their purpose is to aid investigators in guiding their inquiries, not to force admissions.
Question 13: How should an investigator handle the lineup identification process?
- Avoid doing or saying anything that may influence the witness. (Correct answer)
- Start the process without explanation to the witness.
- Focus the witness on the major suspect.
- Talk with the media freely.
Correct answer: Avoid doing or saying anything that may influence the witness.
To ensure the fairness and reliability of a lineup identification, investigators must maintain strict neutrality. They should avoid any words, gestures, or actions that could consciously or unconsciously influence the witness's choice, ensuring that the identification is based solely on the witness's memory and not on suggestion.
Question 14: Which is not a general rule for doing a live lineup?
- The primary investigator should not be the person conducting the lineup.
- Care must be taken that the suspect does not unduly standout.
- Witnesses should be told that the suspect is in the lineup. (Correct answer)
- Witnesses should be instructed before the lineup that the suspect might not be in the lineup.
Correct answer: Witnesses should be told that the suspect is in the lineup.
A crucial rule for conducting fair and unbiased live lineups is to inform witnesses that the suspect *may or may not* be present. Telling a witness that the suspect *is* in the lineup creates an expectation and pressure to make an identification, significantly increasing the risk of misidentification and undermining the reliability of the procedure.
Question 15: What is the first step in identifying a photo lineup?
- Record the presentation order.
- Write a supplemental report describing what happened.
- Make sure that no writing or information about the suspectâs previous criminal history can be seen by the witness.
- Include only one suspect in each procedure. (Correct answer)
Correct answer: Include only one suspect in each procedure.
A fundamental principle for conducting fair photo lineups is to include only one suspect in each procedure. This prevents confusion and reduces the likelihood of misidentification by ensuring the witness is not pressured to choose from multiple potential suspects within the same lineup, thereby maintaining the integrity of the identification process.
Question 16: To prevent misidentification, __________ are used in an identification procedure.
- Automated lineups
- Polygraphs
- Lineups
- Fillers (Correct answer)
Correct answer: Fillers
Fillers, also known as distractors, are individuals (or photographs of individuals) who are known to be innocent but share similar general characteristics with the suspect. They are included in identification procedures like lineups to prevent misidentification by ensuring the witness chooses based on actual memory rather than simply picking the person who stands out or is the only plausible option.
Free Private Investigator Questions and Answers
Which of the following statements about private investigators is true?