Private Investigator Exam Guide 2 — Questions and Answers
Question 1: When conducting surveillance, a private investigator should avoid which of the following?
- Maintaining a safe distance from the subject
- Wearing clothing that blends with the environment
- Following the subject into a private residence without consent (Correct answer)
- Using binoculars from a public location
Correct answer: Following the subject into a private residence without consent
Entering a private residence without consent is trespassing and illegal, regardless of investigative purpose.
Question 2: Which legal doctrine governs the admissibility of illegally obtained evidence in civil PI cases?
- Res ipsa loquitur
- Fruit of the poisonous tree (Correct answer)
- Chain of custody
- Respondeat superior
Correct answer: Fruit of the poisonous tree
The 'fruit of the poisonous tree' doctrine holds that evidence derived from illegal actions may be inadmissible in court.
Question 3: A client asks a PI to find information about a person's medical history. What is the appropriate response?
- Obtain medical records using a subpoena only available to attorneys
- Access the records through a hospital contact
- Decline unless proper legal authorization exists, such as a signed HIPAA release (Correct answer)
- Search publicly available social media for health disclosures
Correct answer: Decline unless proper legal authorization exists, such as a signed HIPAA release
Medical records are protected under HIPAA, and a PI must have proper legal authorization such as a signed release to access them.
Question 4: In the context of PI work, what does 'pretext' refer to?
- A legal warrant authorizing investigation
- A false identity or scenario used to elicit information (Correct answer)
- A written summary submitted before trial
- Background information compiled on a subject
Correct answer: A false identity or scenario used to elicit information
Pretext involves using a fabricated identity or story to obtain information, which can be legal in some contexts but illegal in others.
Question 5: Which of the following best describes the duty of a PI when handling client information?
- Share all findings with law enforcement immediately
- Maintain strict confidentiality and disclose only as authorized or required by law (Correct answer)
- Post findings publicly to protect the community
- Transfer all records to the state licensing board
Correct answer: Maintain strict confidentiality and disclose only as authorized or required by law
PIs have a professional and legal obligation to keep client information confidential except where disclosure is legally required.
Question 6: What is the primary purpose of maintaining a detailed activity log during an investigation?
- To bill clients for more hours
- To create a legal record of investigative actions that can support findings in court (Correct answer)
- To share progress updates on social media
- To comply with IRS reporting requirements
Correct answer: To create a legal record of investigative actions that can support findings in court
A detailed activity log documents the investigator's actions, times, and observations, providing credibility and admissibility support in legal proceedings.
Question 7: When photographing a subject in public, which of the following is generally permissible without a court order?
- Photographing inside a private home through a window with a telephoto lens
- Photographing the subject walking on a public sidewalk (Correct answer)
- Photographing through a fence into a private backyard
- Photographing inside a private vehicle using zoom equipment
Correct answer: Photographing the subject walking on a public sidewalk
Individuals in public spaces have a reduced expectation of privacy, making photography of a subject on a public sidewalk generally lawful.
Private Investigator Exam Guide 2
When conducting surveillance, a private investigator should avoid which of the following?