PCI Legal Aspects of Investigations 3

Question 1

Under the Federal Wiretap Act (Title III of the Omnibus Crime Control Act), intercepting a wire communication without consent generally requires:

Accepted Answer

A court order (judicial authorization)

Answer

Title III prohibits intercepting wire, oral, or electronic communications without a court order, except in specific consent-based exceptions.

Question 2

The Electronic Communications Privacy Act (ECPA) primarily governs:

Accepted Answer

Government and private access to stored and transmitted electronic communications

Answer

ECPA extends government restrictions on wiretapping to electronic data transmissions and stored electronic communications.

Question 3

A 'pen register' device, as defined under federal law, captures:

Accepted Answer

Outgoing phone numbers dialed from a target line

Answer

A pen register records the numbers dialed outgoing from a telephone but does not capture the content of any communication.

Question 4

Under the one-party consent rule for recording conversations, a recording is lawful when:

Accepted Answer

At least one party (including the investigator) consents to the recording

Answer

Federal law and many state laws permit recording a conversation when at least one participant—including the person doing the recording—consents.

Question 5

The Fair Credit Reporting Act (FCRA) is relevant to investigators primarily because it regulates:

Accepted Answer

How consumer credit and background information may be accessed and used

Answer

The FCRA governs who may access consumer reports and for what permissible purposes, directly affecting background investigations and pre-employment screening.

(PCI) Professional Certified Investigator Practice Test

(PCI) Professional Certified Investigator Practice Test

PCI Legal Aspects of Investigations 3