OIC Surveillance & Intelligence 3 — Questions and Answers
Question 1: In Oregon, which category of information is considered protected and cannot be accessed by a private investigator without legal authorization?
- A person's publicly listed telephone number
- A person's sealed court records or protected financial account details (Correct answer)
- Business hours of a subject's employer
- Publicly recorded real property ownership data
Correct answer: A person's sealed court records or protected financial account details
Sealed records and protected financial data are restricted by Oregon statute and require proper legal process to access.
Question 2: A client instructs an Oregon PI to record a phone call between the PI and a subject without the subject's knowledge. Under Oregon law, this is:
- Permitted if the PI is a party to the call
- A violation of Oregon's all-party consent wiretapping law (Correct answer)
- Legal only if the recording is used as civil evidence
- Permitted with written client authorization
Correct answer: A violation of Oregon's all-party consent wiretapping law
Oregon is an all-party (two-party) consent state for electronic recording of communications, meaning all parties must consent.
Question 3: Which surveillance method would be most appropriate when a subject is known to vary their daily schedule unpredictably?
- Single-operative stationary surveillance on Monday mornings only
- Multi-day, multi-location coverage with flexible start times (Correct answer)
- GPS tracking device placed on the subject's vehicle
- Surveillance only on weekends to save client costs
Correct answer: Multi-day, multi-location coverage with flexible start times
Flexible multi-day coverage increases the probability of capturing activity regardless of the subject's schedule variation.
Question 4: When an Oregon PI uses a camera with a telephoto lens to photograph a subject from a public street, this practice is generally:
- Illegal because telephoto lenses constitute an invasion of privacy
- Legal as long as the photographer is in a public location and the subject is visible from public space (Correct answer)
- Legal only with a court-issued photography permit
- Illegal unless the camera is registered with the Oregon DOJ
Correct answer: Legal as long as the photographer is in a public location and the subject is visible from public space
Photographing a subject visible from a public vantage point is lawful; there is no reasonable expectation of privacy for activities observable from public areas.
Question 5: Which technique is commonly used in intelligence gathering to verify a subject's current address before beginning physical surveillance?
- Calling the subject directly to ask for their address
- Cross-referencing utility records, public databases, and social media check-ins (Correct answer)
- Reviewing the subject's medical records
- Asking the subject's neighbors for the information
Correct answer: Cross-referencing utility records, public databases, and social media check-ins
Cross-referencing multiple open-source and public records provides a reliable confirmation of a subject's current address without alerting them.
Question 6: When an Oregon PI discovers during surveillance that the subject may be committing a crime unrelated to the original case, the PI's first obligation is to:
- Immediately arrest the subject using citizen's arrest powers
- Continue filming and report the activity to the appropriate law enforcement agency (Correct answer)
- Destroy the footage to avoid involvement in a criminal matter
- Confront the subject and demand they stop
Correct answer: Continue filming and report the activity to the appropriate law enforcement agency
PIs are not law enforcement and should document the activity and report it to proper authorities rather than intervening.
Question 7: What is the primary purpose of conducting a pre-surveillance area reconnaissance in Oregon investigations?
- To introduce yourself to the subject before surveillance begins
- To identify optimal observation points, escape routes, and potential cover positions before the operation starts (Correct answer)
- To post notices informing residents that surveillance will occur
- To collect initial evidence before the client pays a retainer
Correct answer: To identify optimal observation points, escape routes, and potential cover positions before the operation starts
Reconnaissance allows the investigator to plan the operation, identify cover positions, and anticipate logistical challenges before surveillance begins.
In Oregon, which category of information is considered protected and cannot be accessed by a private investigator without legal authorization?