ME 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.
- Maine PI licensing authority
- The Maine Department of Public Safety, Office of Licensing and Registration, licenses private investigators under 32 M.R.S. ch. 89 and Board rules in 16-219 C.M.R.
- Unlicensed practice consequence
- Advertising or performing investigations for hire without a valid Maine license is a civil violation and grounds to deny a later application.
- Wallet license requirement
- A licensed investigator must carry the wallet license and display it on request of a client, law enforcement officer, or Office investigator.
- Qualifying experience documentation
- Prior investigative hours must be verified on employer letterhead with dates, duties, and supervisor contact so the Board can audit the claim.
- Fingerprint background check
- Applicants submit fingerprints for state and FBI criminal history checks and bear the processing cost; disqualifying convictions may bar licensure.
- Qualifying agent notification
- An agency must notify the Office in writing within the rule's timeframe when its designated qualifying agent leaves or changes.
- Record retention duty
- Licensees retain investigation records for the period set by rule and produce them to the Office on lawful demand during an inspection.
- Address change reporting
- A licensee must report a change of name, address, or employment to the Office in writing within the period set by rule.
- Private citizen authority limit
- A private investigator has no greater arrest, search, or detention power than any other citizen; authority comes from client consent and property rights.
- Pretexting financial records
- Obtaining a person's financial records by false pretenses violates the Gramm-Leach-Bliley Act and exposes the investigator to federal and license liability.
- FCRA investigative consumer report
- When a report covers character or reputation, the subject must be notified and may request disclosure of the nature and scope of the investigation.
- Contingent testimony fee
- A fee contingent on the content of testimony or the outcome of litigation is improper and undermines the investigator's credibility.
- State actor doctrine
- A private investigator becomes a state actor, and the Fourth Amendment applies, when police direct or jointly control the investigator's conduct.
- Maine wiretap consent rule
- Maine requires at least one-party consent to record a conversation; a participant may record, but intercepting with no party's consent is criminal.
- Reasonable expectation of privacy
- Video recording in public places and open fields is generally lawful; hidden cameras in restrooms, bedrooms, and locker rooms are not.
- GPS tracker placement limits
- Attaching a GPS device to a vehicle on private property without the owner's consent may constitute trespass or violate Maine privacy law.
- Chain of custody elements
- Each transfer records date, time, releasing and receiving persons, purpose, and storage location; gaps impair authentication under M.R. Evid. 901.
- Digital evidence hashing
- Acquire digital evidence with a write blocker and compute a SHA-256 hash at collection so later alteration can be detected.
- Report objectivity rule
- Reports separate observed fact from hearsay, identify the source of each fact, and avoid conclusory labels such as 'suspicious' without describing conduct.
- Photograph documentation
- Photographs should include a scale, orientation, and a log of camera, settings, and photographer, with original files preserved.
- Surveillance log content
- Contemporaneous entries record time, location, subject description, activity, vehicle plate, and photograph numbers for each observation.
- Surveillance detection route
- An SDR is a planned route with turns and stops used to reveal hostile surveillance before a sensitive meeting or contact.
- Mobile surveillance minimum
- Effective mobile surveillance generally requires at least two vehicles, a rotation plan, and radio communication to avoid compromise.
- Break-off decision rule
- Terminate surveillance when detected or when continuing would require trespass or create a stalking element; document the reason.
- Miranda and private interviews
- Miranda applies to custodial interrogation by state actors; a PI interviews voluntarily and must not imply police authority.
- Cognitive interview technique
- Context reinstatement, reverse-order recall, and changed perspective improve memory retrieval without suggestive questioning.
- Written statement form
- A statement is written in the witness's own words, dated, timed, signed on each page, witnessed, and corrected only with initials.
- Coercion invalidates statement
- Threats, promises of leniency, and false claims about evidence undermine voluntariness and reduce the statement's credibility and admissibility.
- DPPA permissible use
- The Driver's Privacy Protection Act restricts motor vehicle record access to enumerated purposes, including litigation and licensed investigative use with certification.
- Identity verification rule
- Confirm a skip-trace match with at least two independent identifiers, such as date of birth and prior address, before reporting it.
- Engagement letter contents
- The letter defines scope, deliverables, fees, expenses, timeline, confidentiality, and client duties, and a signed copy is retained.
- Conflict check timing
- Run a conflict check before accepting a matter; decline if an adverse party is already a client or subject of the firm's work.