OR Private Investigator flashcards
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- ORS chapter 703
- Oregon's Private Investigators and Security Services statute. It establishes licensing, defines private investigator activity, sets exemptions, and authorizes DPSST to discipline licensees.
- OAR chapter 259
- The administrative rules adopted by the Department of Public Safety Standards and Training implementing ORS chapter 703, including investigator licensing, training, and renewal requirements.
- Private investigator definition
- Under ORS 703.401, a person who for hire investigates crimes, identities, habits, conduct, movements, affiliations, or character, or obtains evidence for use before a court or tribunal.
- Internal investigation exemption
- An employee investigating only the employer's own internal matters is exempt from licensure under ORS 703.411, provided the work does not extend to outside parties or litigation support.
- Attorney exemption
- An attorney or paralegal acting in the course of legal representation is exempt from private investigator licensure under ORS 703.411, as are insurers adjusting claims.
- License display duty
- ORS 703.465 requires a licensee to carry the DPSST-issued identification while working and to display it on request of a client, law enforcement, or the Department.
- Change of address notice
- A licensee must notify DPSST in writing of a change of address or employment within the period set by rule, currently 30 days, and the license is not transferable.
- Individual versus company license
- A private investigator license is issued to an individual; a private investigation company needs a separate company license, and each employed investigator must be individually licensed or registered.
- Fingerprint requirement
- Under OAR 259-020-0010, an applicant must submit fingerprints for a state and federal criminal history check as part of the licensure application.
- Pre-license training
- DPSST requires completion of the Department-approved basic private investigator training course before or shortly after licensure; the certificate must be retained for audit.
- Continuing education
- A licensee must complete the required continuing education hours per renewal cycle, currently 16 hours per two-year cycle under OAR 259-020, including ethics and statutory updates.
- Biennial renewal
- Private investigator licenses renew every two years; a lapsed license requires reinstatement and may require reapplication if the lapse exceeds the grace period set by rule.
- Record retention
- A licensee must keep investigation and training records for the period required by rule and produce them to DPSST on audit or complaint investigation.
- Conviction reporting
- A licensee must report a criminal conviction or name change to DPSST within the timeframe set by rule; failure to report is a separate violation.
- Impersonating an officer
- ORS 703.455 prohibits a private investigator from impersonating a law enforcement officer or displaying a badge or identification suggesting police authority.
- Uniform restriction
- ORS 703.465 bars a licensee from wearing a uniform, badge, or insignia that could be confused with a law enforcement officer's official identification.
- One-party consent recording
- Oregon is a one-party consent state under ORS 165.540; a participant may record a conversation, but wiretapping a conversation the investigator is not party to is a crime.
- Invasion of privacy
- ORS 163.700 criminalizes observing or recording a person in a place of privacy, such as a restroom, changing room, or bedroom, without consent.
- Criminal trespass
- ORS 164.245 and 164.255 apply to surveillance; entering private property after being told to leave is trespass, and peering into a dwelling may violate ORS 163.700.
- Pretexting prohibition
- The Gramm-Leach-Bliley Act, 15 U.S.C. § 6821, makes obtaining financial records by false pretenses a federal crime; Oregon licensees must not pretext for protected records.
- DPPA permissible use
- 18 U.S.C. § 2721 and ORS 802.175 limit DMV record access to permissible uses; an investigator must certify the permissible use for each query.
- FCRA background checks
- The Fair Credit Reporting Act, 15 U.S.C. § 1681, requires a permissible purpose and, for employment, written authorization before obtaining a consumer report.
- Chain of custody
- A documented record of each transfer of physical evidence, including date, time, person, and purpose; a broken chain undermines admissibility and credibility at trial.
- Original digital evidence
- Original files and metadata must be preserved; originals are not edited, and a hash value or forensic copy is retained for authentication under ORE 901.
- Surveillance log contents
- A surveillance log records date, time, location, subject description, activity observed, and weather or lighting; contemporaneous notes are more credible than reconstructed ones.
- Interview documentation
- An interview record states date, time, location, persons present, and whether the subject was informed of the purpose; the investigator never claims to be law enforcement.
- Skip tracing sources
- Skip tracing relies on public records such as property, court, and business filings, plus permissible-use DMV queries and social media, without pretexting for protected records.
- Report fact versus opinion
- A report separates observed fact from opinion, identifies sources, and avoids conclusory statements; it may be discoverable and used in litigation.
- Engagement letter
- A written engagement letter states scope, fee structure, retainer, expenses, and deliverables; oral agreements create disputes about scope and billing.
- Confidentiality limits
- Client confidentiality is an ethical duty but yields to legal compulsion such as a subpoena or court order and to duties to report certain crimes; document any disclosure.
- Conflict screening
- An investigator screens for prior representation of the opposing party and declines or discloses in writing; a concurrent conflict requires informed consent.
- Trust fund handling
- Retainer funds should be held separately from operating funds and accounted for; commingling creates liability and can violate the licensing rules.