Private Investigator Exam Private Investigator Assessment 2 — Questions and Answers
Question 1: A PI conducting surveillance notices the subject has entered a building with a 'No Trespassing' sign. What should the PI do?
- Enter the building to maintain visual contact
- Remain outside and observe from a legal vantage point (Correct answer)
- Call the subject to arrange a meeting inside
- Abandon the surveillance immediately
Correct answer: Remain outside and observe from a legal vantage point
A PI must never trespass on private property and should continue surveillance from legally accessible areas only.
Question 2: Which federal law prohibits a PI from intercepting wire, oral, or electronic communications without authorization?
- Freedom of Information Act
- Electronic Communications Privacy Act (ECPA) (Correct answer)
- Privacy Act of 1974
- Computer Fraud and Abuse Act
Correct answer: Electronic Communications Privacy Act (ECPA)
The ECPA prohibits unauthorized interception of wire, oral, or electronic communications by anyone, including private investigators.
Question 3: A client asks a PI to find out if their neighbor is growing marijuana inside their home. What is the most appropriate first step?
- Peer through the neighbor's windows at night
- Conduct surveillance from public areas and document observable activity (Correct answer)
- Contact a confidential police informant for inside information
- Install a hidden camera on the neighbor's porch
Correct answer: Conduct surveillance from public areas and document observable activity
PIs should only gather information from lawful vantage points such as public areas without invading the subject's reasonable expectation of privacy.
Question 4: What does 'chain of custody' mean in the context of evidence collected during a PI investigation?
- The list of witnesses interviewed in order
- The chronological documentation tracking evidence from collection to presentation (Correct answer)
- The sequence of legal authorities who reviewed the case
- A hierarchy of command within a PI agency
Correct answer: The chronological documentation tracking evidence from collection to presentation
Chain of custody is the documented, unbroken record of who collected, handled, transferred, and stored evidence to ensure its integrity.
Question 5: A PI licensed in Texas is asked to conduct surveillance in Oklahoma. What must the PI do?
- Proceed, since PI licenses are recognized nationwide
- Check whether Oklahoma requires a separate license or reciprocity agreement (Correct answer)
- Notify the FBI before crossing state lines
- Obtain a federal PI license
Correct answer: Check whether Oklahoma requires a separate license or reciprocity agreement
PI licensing is state-specific, and a PI must comply with the licensing requirements of each state where they operate.
Question 6: Which of the following is an example of 'pretext' as used in private investigation?
- Writing a false report for a client
- Assuming a false identity to elicit information from a subject (Correct answer)
- Photographing a subject without their knowledge
- Subpoenaing bank records through an attorney
Correct answer: Assuming a false identity to elicit information from a subject
Pretext involves using a false identity or scenario to obtain information, which is legal in some contexts but strictly regulated and can be illegal if it involves fraud.
Question 7: When writing a surveillance log, what information is essential to record for each observation?
- Only the subject's name and location
- Date, time, location, description of activity, and weather conditions (Correct answer)
- The PI's personal opinion about the subject's behavior
- Only photographs with timestamps
Correct answer: Date, time, location, description of activity, and weather conditions
A complete surveillance log includes objective, factual entries with date, time, location, activity description, and conditions to support legal proceedings.
A PI conducting surveillance notices the subject has entered a building with a 'No Trespassing' sign.
What should the PI do?