PCI Legal Authority & Due Process 3

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:

Accepted Answer

A Fourth Amendment search requiring a warrant for government investigators

Answer

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:

Accepted Answer

It documents the chronological transfer and handling of evidence to preserve its integrity and admissibility

Answer

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:

Accepted Answer

The intentional or negligent destruction, alteration, or concealment of relevant evidence

Answer

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:

Accepted Answer

A federal crime punishable by fines and imprisonment

Answer

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?

Accepted Answer

A reasonable belief, based on articulable facts, that a crime was committed and the person committed it

Answer

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.

(PCI) Professional Certified Investigator Practice Test

(PCI) Professional Certified Investigator Practice Test

PCI Legal Authority & Due Process 3