PCI Legal Authority & Due Process 3 — Questions and Answers
Question 1: An investigator places a GPS tracker on a subject's vehicle parked in a public street without consent or a warrant. Under current U.S. law following United States v. Jones (2012), this action is:
- Permissible because the vehicle is in a public location
- A Fourth Amendment search requiring a warrant for government investigators (Correct answer)
- Legal for private investigators but not law enforcement
- Permissible for up to 30 days without judicial oversight
Correct answer: A Fourth Amendment search requiring a warrant for government investigators
In United States v. Jones, the Supreme Court held that attaching a GPS device to a vehicle constitutes a Fourth Amendment search, requiring law enforcement to obtain a warrant.
Question 2: The concept of 'chain of custody' is critical in investigations primarily because:
- It establishes the investigator's billing records for the case
- It documents the chronological transfer and handling of evidence to preserve its integrity and admissibility (Correct answer)
- It identifies all witnesses who must testify at trial
- It satisfies insurance documentation requirements for the investigation firm
Correct answer: It documents the chronological transfer and handling of evidence to preserve its integrity and admissibility
Chain of custody records every person who handled evidence and every transfer, ensuring the evidence has not been tampered with and supporting its admissibility in court.
Question 3: A PCI candidate must understand that 'spoliation of evidence' refers to:
- Improper disclosure of confidential investigation reports
- The intentional or negligent destruction, alteration, or concealment of relevant evidence (Correct answer)
- Introducing fabricated evidence into the record
- Filing a lawsuit without sufficient factual basis
Correct answer: The intentional or negligent destruction, alteration, or concealment of relevant evidence
Spoliation occurs when a party destroys, alters, or fails to preserve evidence that is relevant to pending or reasonably anticipated litigation, potentially resulting in sanctions.
Question 4: Under the Electronic Communications Privacy Act (ECPA), intercepting a wire communication without authorization is:
- A civil matter only, not a federal crime
- A federal crime punishable by fines and imprisonment (Correct answer)
- Permitted if the intercepting party has a business justification
- Legal if performed by a licensed private investigator
Correct answer: A federal crime punishable by fines and imprisonment
The ECPA makes unauthorized interception of wire, oral, or electronic communications a federal crime, with criminal penalties including fines and up to five years imprisonment.
Question 5: Which of the following best describes 'probable cause' as it applies to obtaining an arrest warrant?
- A mere suspicion that an individual may have committed a crime
- A reasonable belief, based on articulable facts, that a crime was committed and the person committed it (Correct answer)
- Certainty beyond a reasonable doubt that the person is guilty
- A preponderance of evidence establishing the person's guilt
Correct answer: A reasonable belief, based on articulable facts, that a crime was committed and the person committed it
Probable cause requires sufficient facts and circumstances to warrant a reasonable person to believe a crime was committed and the suspect committed it — more than suspicion but less than certainty.
Question 6: An investigator is subpoenaed to testify about confidential client communications. Which privilege, if applicable, could protect those communications from disclosure?
- Work product doctrine only
- Attorney-client privilege, if the investigator was working under direction of legal counsel (Correct answer)
- The Fifth Amendment right against self-incrimination
- Investigative privilege established by federal statute
Correct answer: Attorney-client privilege, if the investigator was working under direction of legal counsel
When an investigator is retained through and works under the direction of an attorney, communications may be protected by the attorney-client privilege or the attorney work product doctrine.
Question 7: The 'plain view doctrine' allows law enforcement officers to seize evidence without a warrant when:
- The officer is lawfully present, the incriminating nature of the item is immediately apparent, and the officer has lawful access to the item (Correct answer)
- The officer believes the item might be connected to criminal activity after a brief investigation
- The item is visible through a window of a private residence from a public sidewalk
- The officer has a warrant for a related crime and finds the item nearby
Correct answer: The officer is lawfully present, the incriminating nature of the item is immediately apparent, and the officer has lawful access to the item
Plain view seizures are constitutionally permissible when the officer is legally in the location, the item's incriminating character is immediately apparent, and the officer can lawfully reach the item.
PCI Legal Authority & Due Process 3
An investigator places a GPS tracker on a subject's vehicle parked in a public street without consent or a warrant.
Under current U.S. law following United States v.
Jones (2012), this action is: