Investigative Techniques and Procedures Flashcards

A private investigator in Nevada is conducting surveillance on a subject in a workers' compensation fraud case. The investigator observes the subject from a public street, documenting their activities in a publicly visible front yard. Which of the following actions would be considered illegal or a violation of Nevada law?

Answer: Placing a GPS tracking device on the subject's vehicle without their consent.

In Nevada, as in many states, placing a GPS tracking device on a person's vehicle without their consent is a violation of privacy laws and may constitute stalking. The other options describe legal surveillance and research techniques, as they occur in public spaces or use publicly available information.

When collecting physical evidence, such as a receipt or a discarded item, what is the most critical procedure a private investigator must follow to ensure its admissibility in court?

Answer: Maintaining a detailed chain of custody.

The chain of custody is a chronological paper trail showing the seizure, custody, control, transfer, analysis, and disposition of evidence. A properly maintained chain of custody is essential to prove that the evidence has not been tampered with and is the same item collected, which is a foundational requirement for its admissibility in legal proceedings.

An investigator is asked to obtain financial records for a divorce case. Which of the following methods for acquiring bank account balances is illegal under the Gramm-Leach-Bliley Act (GLBA)?

Answer: Calling the subject's bank and pretending to be the account holder to get information.

The Gramm-Leach-Bliley Act (GLBA) specifically prohibits the use of pretexting—using false pretenses—to obtain someone's personal financial information from a financial institution. Calling a bank and impersonating the account holder is a direct violation of this federal law.

During a mobile surveillance, what is a primary objective for the private investigator to maintain effectiveness and avoid detection?

Answer: Varying their driving patterns and maintaining a safe following distance.

Effective mobile surveillance requires blending in with traffic and not drawing attention. This involves adapting to the environment, which means varying driving patterns, not following too closely (which is easily noticed) or too far back (which risks losing the subject), and maintaining a safe distance.

Which of the following is an example of a public record that a private investigator can legally access and use during a background investigation?

Answer: County property tax assessment records.

County property tax assessment records are public information and legally accessible to anyone, including private investigators, for use in investigations. Medical records (protected by HIPAA), sealed court records, and phone records are private and require specific legal authority, like a subpoena or court order, to access.

A private investigator is conducting an interview with a cooperative witness. To ensure the information obtained is reliable and the interview is conducted professionally, the investigator should:

Answer: Begin with open-ended questions to allow the witness to provide a narrative account.

Starting an interview with open-ended questions (e.g., 'Tell me what you saw') encourages the witness to provide a detailed, narrative response in their own words. This technique is less likely to influence their memory and generally yields more accurate and comprehensive information than leading questions. Recording without consent can be illegal depending on state law, and offering payment can compromise the witness's credibility.