PA Private Investigator study materials
PA Private Investigator study resources

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.