PI Skills and Competencies 3 — Questions and Answers
Question 1: When a PI uses a pretext to gather information, which scenario is generally considered legally permissible?
- Claiming to be a police officer to get a witness to talk
- Posing as a delivery person to confirm a subject's home address (Correct answer)
- Pretending to be a bank official to retrieve financial records
- Impersonating a doctor to obtain medical records
Correct answer: Posing as a delivery person to confirm a subject's home address
Confirming an address via a benign pretext is generally lawful, whereas impersonating government officials or obtaining protected records through deception is illegal.
Question 2: A PI is assigned a workers' compensation fraud case. Which observation would be most significant evidence of fraud?
- The claimant drives a personal vehicle to a grocery store
- The claimant performs heavy construction labor while claiming total disability (Correct answer)
- The claimant is seen walking short distances in their neighborhood
- The claimant has visitors at their home during business hours
Correct answer: The claimant performs heavy construction labor while claiming total disability
Physical activity that directly contradicts the disability claim, such as heavy labor, is the most probative evidence of fraud.
Question 3: Which type of database is most useful for locating a subject's current address and associated relatives?
- PACER (federal court records)
- A people-search aggregator such as TLO or Accurint (Correct answer)
- The National Sex Offender Public Website
- State bar association directory
Correct answer: A people-search aggregator such as TLO or Accurint
Commercial people-search databases like TLO compile address history, relatives, and identifiers from multiple data sources.
Question 4: In skip tracing, what does the term 'skip' refer to?
- A database search shortcut used by investigators
- A person who has left without paying debts or to avoid legal service (Correct answer)
- The process of skipping unnecessary steps in an investigation
- A court order to bypass normal records request procedures
Correct answer: A person who has left without paying debts or to avoid legal service
A 'skip' is someone who has departed, often to evade debts, legal proceedings, or law enforcement.
Question 5: When testifying in court about surveillance findings, a PI should:
- Provide opinions about the subject's character to strengthen the case
- Testify only to personal observations and authenticated evidence (Correct answer)
- Summarize hearsay information gathered from neighbors
- Avoid bringing original evidence to allow the attorney to present it
Correct answer: Testify only to personal observations and authenticated evidence
PIs must testify as fact witnesses based solely on direct personal observations, not opinions or hearsay.
Question 6: Which action by a PI would constitute stalking under most state laws?
- Conducting a single day of authorized surveillance on a public street
- Repeatedly following a subject over days in a manner causing reasonable fear (Correct answer)
- Photographing a subject in a public park without their knowledge
- Running a background check on a subject for a licensed client
Correct answer: Repeatedly following a subject over days in a manner causing reasonable fear
Stalking statutes typically require a pattern of conduct that causes reasonable fear, which repeated harassment-style following satisfies.
Question 7: A PI who is also a licensed attorney should be aware that communications with a client in the PI capacity:
- Are always protected by attorney-client privilege
- May not carry attorney-client privilege unless legal advice is being given (Correct answer)
- Are protected solely by PI licensing confidentiality rules
- Cannot be subpoenaed under any circumstance
Correct answer: May not carry attorney-client privilege unless legal advice is being given
Attorney-client privilege applies to legal advice, not to PI services rendered separately, even if the same person holds both licenses.
When a PI uses a pretext to gather information, which scenario is generally considered legally permissible?