PA 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.
- Private Detective Act of 1953
- Pennsylvania statute (22 P.S. §§ 11–30) that regulates private detective and investigative businesses, requiring licensure of agencies and registration of employees.
- PSP licensing authority
- The Pennsylvania State Police administers the licensing and registration of private detectives under the Private Detective Act, including background checks and issuance of identification cards.
- Citizen's arrest authority
- Under 18 Pa.C.S. § 508, a private citizen may arrest for a felony or breach of peace committed in their presence, or when they have reasonable grounds to believe a felony was committed.
- Impersonating a law enforcement officer
- A crime under 18 Pa.C.S. § 4912; private detectives may not represent themselves as police officers, wear police insignia, or use police titles.
- Two-party consent for recordings
- Pennsylvania law (18 Pa.C.S. § 5703) requires the consent of all parties to record an oral communication; violation is a felony unless an exception applies.
- Chain of custody
- A documented record of every person who handled evidence, the date and time of each transfer, and the purpose, used to establish integrity and admissibility in court.
- Contemporaneous notes
- Notes made at the time of an investigation or observation; they should be dated, timed, signed, and preserved, as they may be used to refresh memory and are discoverable.
- Exclusionary rule
- Legal principle that evidence obtained through unlawful searches or seizures by government actors may be excluded; it generally does not apply to private detectives unless acting as agents of police.
- Miranda warnings
- Required warnings by law enforcement before custodial interrogation; private detectives are not required to give them unless acting in concert with police.
- Felony statute of limitations
- Under 42 Pa.C.S. § 5552, most felonies must be prosecuted within five years; misdemeanors within two years; murder has no limitation.
- Surety bond requirement
- Applicants for a private detective license must file a surety bond (currently $10,000) with the PSP and maintain it during the license period.
- Employee registration
- Each employee performing investigative work must be registered with the PSP, requiring fingerprints, background check, and fee; unregistered employees may not perform investigative services.
- License renewal
- A private detective license is valid for one year and must be renewed; late renewal may incur penalties and result in a lapsed license.
- Change notification
- Licensees must notify the PSP within 15 days of changes in business address, name, ownership, or termination of a registered employee.
- Pretexting prohibition
- Obtaining financial or telephone records under false pretenses is prohibited by federal law (15 U.S.C. § 6821; 18 U.S.C. § 1039) and may violate Pennsylvania law.
- Stored Communications Act
- Federal law (18 U.S.C. § 2701) prohibiting unauthorized access to stored electronic communications; private detectives may not access email or social media accounts without lawful authorization.
- Computer trespass
- 18 Pa.C.S. § 7611 prohibits unauthorized access to computers and networks; private detectives must not access systems without authorization.
- GPS tracking warrant
- Installing a GPS device on a vehicle without consent may violate the Wiretap Act or trespass laws; a court order is advisable to avoid liability.
- Surveillance from public vantage
- Observation from public places or with property owner consent is lawful; trespassing on private property to observe violates 18 Pa.C.S. § 3503.
- Mobile surveillance technique
- Use at least two vehicles, maintain safe following distance, and communicate location; the lead maintains visual contact while the second provides backup.
- Foot surveillance
- Investigator blends with environment, avoids direct eye contact, uses reflective surfaces to monitor subject without detection, and documents observations.
- Undercover investigation
- Requires planning, documentation, and avoidance of entrapment; investigator must not induce a person to commit a crime they were not predisposed to commit.
- Conflict of interest
- A situation where personal interests or prior relationships could impair objectivity or loyalty to the client; must be avoided or disclosed.
- Confidentiality duty
- Client information must not be disclosed without consent or legal compulsion and must be protected from unauthorized access.
- Contingent fees
- Fees based on the outcome of a criminal case may be unethical and potentially illegal; fees should be disclosed in writing before work begins.
- Perjury
- Under 18 Pa.C.S. § 4902, making a false statement under oath is a crime; ethical standards require candor to the court.
- Report writing standards
- Reports should be clear, factual, and objective, including case number, date, time, location, persons, actions, and observations; avoid opinions unless qualified as expert.
- Testimony preparation
- Review notes and reports before testifying; testify only to facts personally observed or reliably reported; do not speculate.
- Notes as discoverable
- Notes used to refresh memory may be inspected by opposing counsel; ensure notes are preserved and consistent with the report.
- Client communication
- Keep clients informed of significant developments, document communications, and obtain written authorization for changes in scope or fees.
- Evidence packaging
- Use gloves and clean tools; place biological evidence in paper containers, non-biological in plastic; seal with tamper-evident tape and label with case number, item number, description, date, time, location, and collector's name.
- Digital evidence integrity
- Use write-blocking tools, document hash values (e.g., SHA-256) before and after analysis, and maintain a duplicate working copy to preserve original media.