MA Private Investigator flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Licensing authority
- The Massachusetts State Police, acting through the Colonel or designee, issues, denies, suspends, and revokes private investigator licenses under M.G.L. c. 147.
- Minimum age
- An applicant for a Massachusetts private investigator license must be at least 21 years old at the time of application.
- Experience requirement
- Applicants generally need at least three years or 6,000 hours of investigative experience, or an acceptable combination of education and experience approved by the Colonel.
- Class A license
- A Class A Massachusetts license authorizes armed investigative work and requires firearms qualification and additional training beyond the unarmed Class B license.
- Class B license
- A Class B license permits unarmed investigative work only; it does not authorize carrying a firearm in the course of investigative duties.
- Fingerprint and CORI
- Applicants must submit fingerprints so the State Police can conduct state and FBI criminal history checks before a license is granted.
- Denial hearing
- An applicant denied a license may request an adjudicatory hearing under the Massachusetts Administrative Procedure Act, M.G.L. c. 30A.
- Renewal timing
- Licenses are issued for a fixed term and must be renewed before expiration; operating on a lapsed license is unlawful and may require reapplication.
- Chain of custody
- A written log recording every transfer of evidence, including date, time, persons, and purpose, used to prove evidence was not altered or tampered with.
- Contemporaneous notes
- Notes made at or near the time of an observation, which are more reliable and credible than notes reconstructed later from memory.
- Surveillance log
- A record of date, time, location, subject description, activity observed, and conditions, used to document surveillance accurately and support later testimony.
- Hash value
- A cryptographic fingerprint such as SHA-256 computed on a digital evidence file to demonstrate that the file has not been altered.
- Litigation hold
- A written notice to preserve records and evidence relevant to anticipated litigation, sent early to prevent spoliation and sanctions.
- Skip tracing
- Locating a person using lawful sources such as public records, registry of deeds, RMV data, probate filings, and subscription databases.
- Interview sequencing
- Beginning interviews with open-ended questions and moving to specific questions, while documenting voluntariness and any rights advisement.
- Report neutrality
- Writing reports in chronological order with factual, non-conclusory language that separates firsthand observation from opinion and identifies source type.
- Two-party consent
- Massachusetts wiretap law, M.G.L. c. 272 § 99, generally requires the consent of all parties before recording a conversation.
- Federal one-party rule
- The federal Wiretap Act permits recording with one party's consent, but stricter Massachusetts law controls investigations conducted within the state.
- Public Records Law
- M.G.L. c. 66 § 10 governs access to records of Massachusetts public bodies; it does not reach records held by private parties.
- FCRA permissible purpose
- The Fair Credit Reporting Act requires a documented permissible purpose before obtaining a consumer report for an investigative matter.
- 201 CMR 17.00
- Massachusetts data security regulations requiring businesses to safeguard personal information of residents through written information security programs.
- Chapter 93A
- Massachusetts consumer protection statute prohibiting unfair or deceptive acts or practices, which may reach pretexting to obtain personal information.
- Chapter 258E
- Massachusetts statute allowing harassment prevention orders to restrain conduct causing fear, intimidation, abuse, or substantial emotional distress.
- Intrusion upon seclusion
- A privacy tort under M.G.L. c. 214 § 1B and common law restricting physical or electronic intrusion into a person's private affairs.
- Impersonating an officer
- Falsely representing oneself as a law enforcement officer violates M.G.L. c. 268 § 33 and is prohibited for private investigators.
- Conflict disclosure
- A private investigator must disclose personal, financial, or family interests in a matter and obtain written consent before proceeding.
- Confidentiality duty
- Client information may be disclosed only with consent, when required by law, or to prevent imminent serious harm to a person.
- Exculpatory reporting
- Reports must include adverse and exculpatory facts; omitting information a client dislikes is an ethical violation even if requested.
- Truthful testimony
- A private investigator may not alter notes, evidence, or testimony to support a client's position; testimony must reflect documented facts.
- Fee disclosure
- Fees and billing arrangements must be disclosed in advance; outcome-contingent fees that create conflicts should be avoided.
- Represented parties
- Private investigators working for counsel should avoid ex parte contact with represented parties and respect attorney-client privilege.
- Record retention
- Case files should be kept for a period consistent with statutes of limitation and contracts, then destroyed securely to protect sensitive data.