Private Investigator Flashcards

Which of the following statements about private investigators is true?

Answer: A private investigator is required to abide by all applicable federal, state, and local regulations

Private investigators, despite their unique role, are not above the law. They must operate within the legal framework established by federal, state, and local statutes and regulations. Unlike peace officers, they do not possess special powers to break laws or carry out police duties, and their actions are subject to legal scrutiny like any other citizen or professional.

If the investigator is not attentive during mobile surveillance, they can do something that makes their "target" suspicious.

Answer: Erratic driving

Erratic driving during mobile surveillance, such as sudden speed changes, unusual maneuvers, or inconsistent following distances, makes the surveillance vehicle conspicuous. This behavior draws undue attention to the investigator, increasing the likelihood that the target will become suspicious and detect the surveillance. Maintaining a natural and consistent driving pattern is crucial for remaining undetected.

Wilson works in retail sales. He happens to catch an old detective program one day. Despite having no expertise in the field, he decides to work as a "private investigator." He buys some camera equipment, dons an old trench coat, and starts pursuing clients who pay him for his investigation services—despite never claiming to be licensed. Naturally, Wilson's inexperience causes him to make several severe errors, which causes his irate customers to report him to BSIS. What could Robert be subjected to?

Answer: Wilson could receive a citation from BSIS and, if necessary, an order of abatement and an administrative fine of up to $5,000

Operating as a private investigator without the required license is a serious violation of state regulations. The Bureau of Security and Investigative Services (BSIS) is the regulatory body responsible for licensing and oversight, and they have the authority to issue citations, order the cessation of unlicensed activity (abatement), and impose significant administrative fines, often up to $5,000, for such offenses.

Chris promotes private investigation services in an internet phone book even though he is not qualified. What type of action can BSIS undertake?

Answer: A citation with a $5,000 administrative fine and a stop-and-desist order should be issued.

Advertising private investigation services without being properly licensed is a violation of the Business and Professions Code. The Bureau of Security and Investigative Services (BSIS) has the authority to take disciplinary action against unlicensed individuals who advertise such services. This typically includes issuing a citation, imposing an administrative fine (which can be up to $5,000 for such offenses), and issuing a stop-and-desist order to prevent further illegal advertising.

Dan, an attorney, hires private investigator Celine to help establish his client's innocence concerning a crime for which he is accused. When Celine goes outside to talk to some residents near the crime scene, she encounters a sex offender who assaults her in his garage. Celine disarms him with a tear gas canister she always has visible on her belt, allowing her to leave safely. Given how simple it operates, Celine hasn't taken any training for the weapon. What is the best response among the following?

Answer: The Department of Consumer Affairs/BSIS may immediately suspend Celine's PI license due to her B&P and Penal Code violations

In California, carrying and using tear gas, even for self-defense, requires specific training and certification from the Bureau of Security and Investigative Services (BSIS). Celine's failure to complete this mandatory training before carrying and deploying the weapon constitutes a violation of both Business and Professions Code and Penal Code. Such violations can lead to severe disciplinary actions, including the immediate suspension or revocation of her private investigator license.

A well-known private investigator named "Clinton" is hired by a prominent tabloid called "Extreme Geeks" to find a renowned vocalist named Lisa Star. Additionally, Clinton is asked by Extreme Geeks to capture up-close pictures of Lisa's face. According to sources, a former lover recently beat Lisa. Clinton finds Lisa as she is browsing in a clothing store. Lisa was approached by Clinton, who requested an interview. Clinton uses his body to block Lisa's escape as she leaves the store after declining and saying, "Not now." "Hold on," Clinton commands before taking several pictures of Lisa. Which statement is accurate?

Answer: Clinton is responsible for disgorgement, punitive damages, up to three times the amount of any general and special damages, disgorgement, and a fine of not less than $5,000 but not more than $50,000

Clinton's actions, including physically blocking Lisa's exit and taking photos against her will, constitute harassment, false imprisonment, and invasion of privacy, especially given Lisa's vulnerability after a reported assault. California law, particularly Civil Code sections related to invasion of privacy and harassment by private investigators, imposes severe penalties for such conduct. These penalties can include substantial fines, disgorgement of profits, and significant punitive damages to deter egregious behavior.

Corporation Geeks engages private investigator Mark to do pre-employment background checks on potential hires. Which of the following is true before seeking a consumer credit report for employment?

Answer: The report's user must notify the person that a report will be used, identify the precise justification for usage, provide the report's source, and include a checkbox if the person wants a copy.

The Fair Credit Reporting Act (FCRA) mandates specific disclosures when an employer or their agent (like a private investigator) uses a consumer credit report for employment purposes. Before obtaining the report, the individual must be clearly notified that a report will be used, the precise reason for its use must be stated, the source of the report identified, and they must be given the option to request a copy of the report.

Which of the following terms best defines discreet surveillance?

Answer: Loose

Discreet surveillance, often referred to as 'loose' surveillance, involves maintaining a significant distance from the target and adopting a low profile to avoid detection. The primary goal is to observe without the subject becoming aware of the surveillance, allowing the investigator to gather information subtly and without drawing attention to themselves.

_____________ is the secret, ongoing observation of people, places, and things to learn about people's activities and identities.

Answer: Surveillance

Surveillance is precisely defined as the secret, continuous observation of individuals, locations, or objects. Its core purpose is to gather information about activities, behaviors, and identities without the subject's knowledge, making it a fundamental tool in private investigation and law enforcement.

Surveillance is utilized except for ________.

Answer: Gathering evidence which will lead to a certain conviction

While surveillance is a powerful tool for gathering information and evidence, preventing crime, and apprehending criminals, it cannot guarantee a 'certain conviction.' Convictions in court depend on a multitude of factors, including the admissibility and strength of all evidence, legal arguments, and judicial processes. Surveillance merely contributes to the body of evidence, not a guaranteed outcome.

__________ can be used to find and catch people who are wanted.

Answer: Facial recognition software

Facial recognition software is a specialized technology designed to identify individuals by analyzing and comparing unique facial features from images or video against a database. This capability makes it an extremely effective tool for locating and identifying wanted persons in various contexts, including surveillance footage or public records.

Polygraph tests are used for all of the following except ______.

Answer: To compel suspects to confess

Polygraph tests are primarily investigative tools used to gather leads, verify or refute statements, and help focus an investigation by assessing physiological responses to questions. However, they are generally not admissible as definitive evidence in court and are not used to legally compel suspects to confess. Their purpose is to aid investigators in guiding their inquiries, not to force admissions.

How should an investigator handle the lineup identification process?

Answer: Avoid doing or saying anything that may influence the witness.

To ensure the fairness and reliability of a lineup identification, investigators must maintain strict neutrality. They should avoid any words, gestures, or actions that could consciously or unconsciously influence the witness's choice, ensuring that the identification is based solely on the witness's memory and not on suggestion.

Which is not a general rule for doing a live lineup?

Answer: Witnesses should be told that the suspect is in the lineup.

A crucial rule for conducting fair and unbiased live lineups is to inform witnesses that the suspect *may or may not* be present. Telling a witness that the suspect *is* in the lineup creates an expectation and pressure to make an identification, significantly increasing the risk of misidentification and undermining the reliability of the procedure.

What is the first step in identifying a photo lineup?

Answer: Include only one suspect in each procedure.

A fundamental principle for conducting fair photo lineups is to include only one suspect in each procedure. This prevents confusion and reduces the likelihood of misidentification by ensuring the witness is not pressured to choose from multiple potential suspects within the same lineup, thereby maintaining the integrity of the identification process.

To prevent misidentification, __________ are used in an identification procedure.

Answer: Fillers

Fillers, also known as distractors, are individuals (or photographs of individuals) who are known to be innocent but share similar general characteristics with the suspect. They are included in identification procedures like lineups to prevent misidentification by ensuring the witness chooses based on actual memory rather than simply picking the person who stands out or is the only plausible option.