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Private Investigator practice questions

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Question 1Legal Framework, Statutes, and Licensing Regulations

Under the federal Wiretap Act, an investigator who is a party to a telephone conversation generally may record it with:

  1. A warrant issued by a judge before recording begins
  2. Written notice filed with the local police
  3. Consent of every party to the conversation
  4. Consent of at least one party to the conversation Correct answer.

Explanation

The federal Wiretap Act permits interception of an oral communication when one party to the communication has consented, and the investigator's own consent satisfies that requirement. The Act does not require a warrant or notice to the other party when the one-party exception applies. State law may impose stricter rules, but the federal baseline is one-party consent.

Question 2Legal Framework, Statutes, and Licensing Regulations

In most jurisdictions, a person who accepts payment to conduct investigations for a client must first:

  1. Hold a private investigator license Correct answer.
  2. Join a licensed trade association
  3. Register as a process server
  4. Post a surety bond without any license

Explanation

Private investigator licensing statutes generally require a person who investigates for hire to obtain a license from the designated state agency before accepting paid work. Registration as a process server, trade association membership, or a bond alone does not authorize investigative work for hire.

Question 3Legal Framework, Statutes, and Licensing Regulations

Which conduct is prohibited for a private investigator who is seeking information?

  1. Interview witnesses who volunteer information
  2. Claim to be a police officer Correct answer.
  3. Photograph activity visible from a public street
  4. Review public court records

Explanation

Impersonating a law enforcement officer is a criminal offense and is not a lawful investigative technique, even if the investigator believes it will help obtain information. Interviewing willing witnesses, photographing public activity, and reviewing public records are generally lawful investigative methods.

Question 4Legal Framework, Statutes, and Licensing Regulations

Under the Driver's Privacy Protection Act, a private investigator generally may obtain personal information from motor vehicle records only when:

  1. The records are requested for personal use
  2. The subject gives verbal permission during the request
  3. The request falls within a permissible purpose Correct answer.
  4. The investigator is licensed in any state

Explanation

The Driver's Privacy Protection Act restricts disclosure of personal information in motor vehicle records to specified permissible purposes. A licensed investigator must fit the request within one of those purposes, such as use by a licensed investigative agency for a permitted purpose. A verbal permission or personal curiosity does not satisfy the statute.

Question 5Legal Framework, Statutes, and Licensing Regulations

A licensed investigator's duty of confidentiality generally means the investigator may not:

  1. Testify when compelled by a valid subpoena
  2. Keep written notes about the case
  3. Negotiate the fee with the client
  4. Reveal client confidences without permission Correct answer.

Explanation

Confidentiality rules generally prohibit an investigator from disclosing client information without authorization. The duty does not prevent discussing fees, maintaining case notes, or complying with a valid subpoena or court order.

Question 6Legal Framework, Statutes, and Licensing Regulations

When conducting surveillance, a private investigator may lawfully:

  1. Place a ladder against a private home
  2. Install a camera inside a subject's bedroom
  3. Enter private property without the owner's consent
  4. Observe activity from a public sidewalk Correct answer.

Explanation

Surveillance conducted from a public place is generally lawful because the investigator has a right to be there and the subject has no reasonable expectation of privacy in activity visible from public areas. Entering private property, using a ladder against a home, or placing a camera inside a bedroom intrudes on protected privacy interests.

Question 7Legal Framework, Statutes, and Licensing Regulations

The primary purpose of maintaining a chain of custody for evidence is to:

  1. Show that the evidence has not been altered Correct answer.
  2. Identify the client who requested the investigation
  3. Prove that the investigator holds a current license
  4. Satisfy the client's billing requirements

Explanation

A chain of custody documents every person who handled evidence and when, which helps establish that the item is authentic and has not been altered. Licensing, billing, and client identity are separate matters and do not establish evidentiary integrity.

Question 8Legal Framework, Statutes, and Licensing Regulations

Many states require private investigators to complete continuing education in order to:

  1. Serve subpoenas in other counties
  2. Obtain a firearm permit
  3. Conduct out-of-state investigations
  4. Renew their licenses Correct answer.

Explanation

Continuing education requirements are typically tied to license renewal, ensuring investigators remain current on laws and practices. They do not by themselves authorize firearm carrying, out-of-state work, or service of process.

Question 9Legal Framework, Statutes, and Licensing Regulations

Under federal law, obtaining a person's telephone records by falsely pretending to be the account holder is:

  1. Prohibited pretexting Correct answer.
  2. Permissible if no computer hacking occurs
  3. Permissible for licensed investigators
  4. Permissible with the client's written approval

Explanation

The Telephone Records and Privacy Protection Act prohibits obtaining confidential telephone records by making false statements or fraudulent representations to a carrier. A license or client approval does not authorize this form of pretexting, and the prohibition applies even without computer hacking.

Question 10Legal Framework, Statutes, and Licensing Regulations

When a private investigator obtains a consumer report for an employment background check, the Fair Credit Reporting Act generally requires:

  1. A search warrant issued by a federal magistrate judge
  2. Only a verbal waiver from the subject
  3. No restrictions if the investigator is licensed
  4. A permissible purpose plus employer certification Correct answer.

Explanation

The Fair Credit Reporting Act requires a permissible purpose for obtaining consumer reports and, for employment purposes, the employer's certification of compliance and the subject's disclosure and authorization. A verbal waiver, a license, or a search warrant does not substitute for these requirements.

Question 11Legal Framework, Statutes, and Licensing Regulations

If a private investigator is hired by an attorney to assist in litigation, communications between the investigator and the attorney are generally:

  1. Admissible only in criminal cases
  2. Discoverable without any limitation
  3. Treated as public records
  4. Protected by attorney-client privilege Correct answer.

Explanation

When an investigator acts as an agent of an attorney to assist in providing legal services, communications within that relationship may be protected by attorney-client privilege. The privilege is not limited to criminal cases, and it can protect confidential communications from routine disclosure.

Question 12Legal Framework, Statutes, and Licensing Regulations

Installing a GPS tracker on a suspect's vehicle without consent is generally governed by:

  1. No law at all
  2. Trespass and privacy laws Correct answer.
  3. Federal patent law
  4. Only local traffic ordinances

Explanation

GPS tracking can implicate trespass law when a device is attached to a vehicle and privacy law when it tracks a person's movements. Many jurisdictions also impose specific statutory restrictions or require consent. It is not an unregulated activity.

Question 13Legal Framework, Statutes, and Licensing Regulations

Which professional is most commonly exempt from private investigator licensing when investigating matters within the professional scope?

  1. A licensed attorney Correct answer.
  2. A process server delivering papers
  3. An unarmed security guard on duty
  4. A retail cashier at a store

Explanation

Licensing statutes commonly exempt attorneys who investigate matters in the course of legal representation because they are regulated by the bar and courts. Cashiers, security guards, and process servers do not generally receive a broad investigative exemption.

Question 14Legal Framework, Statutes, and Licensing Regulations

A private investigator may use force in self-defense:

  1. To recover a debt owed to the client
  2. Only to the extent reasonably necessary Correct answer.
  3. Whenever the subject flees the scene
  4. To compel the subject to answer questions

Explanation

Self-defense permits only force that is reasonably necessary to prevent imminent harm. Force may not be used to detain a fleeing subject, compel answers, or collect a debt.

Question 15Legal Framework, Statutes, and Licensing Regulations

Repeatedly following a subject in a manner that causes reasonable fear may constitute:

  1. Trespass to land
  2. Stalking Correct answer.
  3. Defamation
  4. Lawful surveillance in all cases

Explanation

Stalking statutes typically prohibit a course of conduct, such as repeated following, that places a reasonable person in fear for safety or causes substantial emotional distress. Surveillance can become stalking when it crosses that statutory threshold.

Question 16Legal Framework, Statutes, and Licensing Regulations

Licensing statutes often require private investigators to retain case records for a set period because:

  1. It increases the investigator's billable hours
  2. Clients demand the original documents
  3. Courts require permanent storage of all files
  4. Regulators may audit compliance Correct answer.

Explanation

Record-retention rules allow licensing authorities to audit compliance with statutes and regulations after the fact. The required period is set by law, not by billing practices or a universal court rule requiring permanent storage.

Question 17Legal Framework, Statutes, and Licensing Regulations

A private investigator who needs testimony from a witness in a civil case should generally:

  1. Request a court subpoena Correct answer.
  2. Issue a bench warrant
  3. Make a citizen's arrest
  4. Obtain a search warrant from police

Explanation

A subpoena is the civil process used to compel a witness to appear or produce documents. Search warrants and bench warrants are issued by judges in other contexts, and a citizen's arrest is not a method for obtaining testimony.

Question 18Legal Framework, Statutes, and Licensing Regulations

A bail agent's or bounty hunter's authority to apprehend a principal generally derives from:

  1. A private investigator license
  2. A police commission
  3. A court order
  4. The bail contract and state law Correct answer.

Explanation

Bail recovery authority is typically based on the bail agreement and the state statutes governing bail agents and sureties. A private investigator license, police commission, or court order is not the usual source of that authority.

Question 19Legal Framework, Statutes, and Licensing Regulations

If a private investigator licensed in State A wants to investigate in State B, the investigator generally must:

  1. Comply with State B's licensing rules Correct answer.
  2. Use the State A license everywhere
  3. Notify Interpol of the move
  4. Obtain a federal private investigator license

Explanation

Licensing is primarily a state matter, so an investigator must satisfy the licensing or registration requirements of the state where the work is performed. A license from another state does not automatically authorize work in State B unless reciprocity or a specific exemption applies.

Question 20Legal Framework, Statutes, and Licensing Regulations

A person who advertises investigative services without a required private investigator license may face:

  1. Automatic approval of a license
  2. No consequence if no complaint is filed
  3. Civil and criminal penalties Correct answer.
  4. Only a written warning

Explanation

Unlicensed practice statutes commonly provide for civil penalties, criminal sanctions, or both, and agencies may investigate regardless of whether a complaint is filed. Advertising without a license can itself be a violation.

Question 21Legal Framework, Statutes, and Licensing Regulations

An investigator in a one-party-consent state records a call with a subject located in an all-party-consent state. Under most analyses, the investigator should:

  1. Destroy the recording afterward
  2. Record without giving any notice
  3. Follow the stricter all-party rule Correct answer.
  4. Rely only on the federal one-party rule

Explanation

When a recording implicates more than one state's law, courts often apply the law of the state with the stricter consent requirement or the state where the communication occurs. Relying solely on federal one-party consent may not protect the investigator from liability under the other state's law.

Question 22Legal Framework, Statutes, and Licensing Regulations

Using a telephoto lens to photograph a subject inside a private home without consent most likely constitutes:

  1. Intrusion upon seclusion Correct answer.
  2. Public disclosure of private facts
  3. Appropriation
  4. False light

Explanation

Intrusion upon seclusion addresses highly offensive intrusion into a place or conversation where the person has a reasonable expectation of privacy. Photographing the interior of a private home with a telephoto lens can qualify, while the other privacy torts require different elements such as publication or commercial use.

Question 23Legal Framework, Statutes, and Licensing Regulations

A private investigator who obtains a person's bank records by falsely representing the person's identity to the bank violates:

  1. The Fair Debt Collection Practices Act
  2. The Sherman Antitrust Act
  3. The Hatch Act
  4. The Gramm-Leach-Bliley Act Correct answer.

Explanation

The Gramm-Leach-Bliley Act prohibits obtaining customer financial information from a financial institution by false pretenses. The FDCPA regulates debt collectors, the Sherman Act addresses antitrust, and the Hatch Act restricts political activity by certain government employees.

Question 24Legal Framework, Statutes, and Licensing Regulations

A private investigator who follows a client's instruction to conduct an illegal wiretap may:

  1. Avoid liability because the client authorized it
  2. Be immune from suit as an agent
  3. Shift all liability to the client
  4. Be liable even though the client authorized it Correct answer.

Explanation

A client's authorization does not make an illegal act lawful, and the investigator remains personally responsible for participating in conduct that violates the law. Agency principles do not provide immunity for knowingly illegal acts.

Question 25Legal Framework, Statutes, and Licensing Regulations

To authenticate a photograph taken during surveillance, the investigator should:

  1. Testify that it accurately depicts the scene Correct answer.
  2. Prove the camera's purchase price
  3. Obtain a notarized statement from the subject and witnesses
  4. Show that the subject gave written consent to the photo

Explanation

Photographs are commonly authenticated through witness testimony that the image fairly and accurately depicts the scene at the relevant time. Purchase price, subject consent, and notarized statements are not the standard foundation for authentication.

Question 26Legal Framework, Statutes, and Licensing Regulations

In most states, an applicant for an entry-level private investigator license must ordinarily satisfy which of the following requirements?

  1. Have at least five years of prior law enforcement experience
  2. Maintain membership in a professional investigators association
  3. Hold a four-year degree in criminal justice or a related field
  4. Be at least 18 and pass a background check Correct answer.

Explanation

Licensing statutes typically set minimum objective qualifications: a minimum age (usually 18), a criminal history background check, and sometimes a prescribed number of training or experience hours. A college degree, prior police service, and association membership are not standard statutory prerequisites, though they may satisfy experience substitutes in some states.

Question 27Legal Framework, Statutes, and Licensing Regulations

Legally, a private investigator license issued by a state is best characterized as:

  1. A federal credential recognized in every state
  2. A contractual right held jointly with the licensee's employer
  3. A revocable privilege conditioned on compliance with state law Correct answer.
  4. A constitutionally protected property right that cannot be suspended

Explanation

Occupational licenses are commonly described as privileges granted by the state rather than fundamental rights, and they remain subject to suspension or revocation for statutory violations. Because licensing is a matter of state police power, the credential carries no force outside the issuing jurisdiction.

Question 28Legal Framework, Statutes, and Licensing Regulations

A private investigator telephones a witness and states, "I'm Detective Ruiz with the city police department, and I need your statement." The investigator is not a sworn officer. Under state law, this conduct most likely constitutes:

  1. A lawful tactic if the local police department grants informal permission
  2. Proper investigative technique because the ruse helped obtain truthful information
  3. The offense of impersonating a peace officer, even without a uniform or badge Correct answer.
  4. A lawful tactic when the underlying matter is a felony rather than a misdemeanor

Explanation

Impersonating a peace officer is a criminal offense that generally turns on falsely assuming the authority of law enforcement, not on wearing a uniform or displaying a badge. Pretext that merely conceals the investigator's identity differs from a claim of official police authority, which the licensing act and criminal code both prohibit.

Question 29Legal Framework, Statutes, and Licensing Regulations

A licensed investigator's unlicensed employee independently cold-calls witnesses, negotiates the fee, and delivers a signed report directly to the client with no licensee involvement. Under most licensing statutes, this arrangement is:

  1. Lawful if the client signs a form acknowledging the employee's unlicensed status
  2. A violation because the employee is engaging in unlicensed activity with the licensee's knowledge Correct answer.
  3. Permissible if the employee is paid an hourly wage rather than a salary
  4. Permissible because the employee works for a licensed agency

Explanation

Licensing statutes generally prohibit both unlicensed practice and a licensee's aiding or abetting unlicensed practice. Employees may perform supportive tasks, but conduct that falls within the statutory definition of investigative work must be directed and controlled by the licensee.

Question 30Legal Framework, Statutes, and Licensing Regulations

A state licensing agency denies an application for a private investigator license without stating any reason and without offering the applicant a hearing. The strongest legal challenge to the denial is that the agency:

  1. Had no statutory authority to review applicants' criminal histories
  2. Was required to hold a public referendum before denying any application
  3. Should have referred the application to a grand jury before ruling
  4. Denied the applicant notice and a hearing required by law Correct answer.

Explanation

Because a license is a privilege in which the holder has a significant interest, statutes and due process principles generally require the agency to notify the applicant of the grounds for denial and afford an opportunity to be heard. Courts review such denials for compliance with the state administrative procedure act.

Question 31Ethics, Professional Conduct, and Privacy Obligations

A private investigator completes a domestic investigation for a client. A third party later asks what the investigator learned. What is the investigator's primary ethical obligation?

  1. Maintain client confidentiality and not disclose without authorization. Correct answer.
  2. Disclose the findings only if the third party is a relative.
  3. Disclose the findings if the third party pays a fee.
  4. Disclose the findings because the investigation is complete.

Explanation

Confidentiality continues after the engagement ends and covers information learned in the professional relationship. Disclosure is proper only with client authorization or when legally compelled.

Question 32Ethics, Professional Conduct, and Privacy Obligations

An investigator is retained by a client in a divorce matter. The opposing spouse later asks the investigator to perform a background check. What is the most appropriate response?

  1. Decline because the prior representation creates a conflict. Correct answer.
  2. Accept the new case if the fee is higher.
  3. Accept only if the new case takes less than one week.
  4. Accept but do not tell either client.

Explanation

A conflict of interest arises when representing a party whose interests are adverse to a former client in a substantially related matter. The investigator should decline unless both clients give informed written consent and no confidential information is used, which is rarely appropriate.

Question 33Ethics, Professional Conduct, and Privacy Obligations

Under the Driver's Privacy Protection Act, a private investigator may obtain personal information from motor vehicle records when...

  1. the subject signs a release after the fact.
  2. the investigator wants it for any purpose at all.
  3. the investigator works only for criminal defendants.
  4. it fits a permitted purpose, such as litigation. Correct answer.

Explanation

The DPPA restricts disclosure of motor vehicle records and permits access for specified purposes, including use by licensed private investigative agencies and in connection with litigation. The investigator should document the permissible use.

Question 34Ethics, Professional Conduct, and Privacy Obligations

Before obtaining a consumer report for an investigation, what does the FCRA generally require?

  1. No stated purpose is needed.
  2. A court order in every case.
  3. Only an oral promise to keep the report secret.
  4. A permissible purpose and required certifications. Correct answer.

Explanation

The FCRA allows consumer reports only for permissible purposes, such as legitimate business needs, employment, or certain investigative uses. The requester typically must certify the purpose to the consumer reporting agency.

Question 35Ethics, Professional Conduct, and Privacy Obligations

Which practice is prohibited when an investigator seeks a person's financial records?

  1. Interviewing a witness who volunteers information freely.
  2. Reviewing public court filings.
  3. Falsely posing as the account holder to obtain records. Correct answer.
  4. Requesting records with a valid subpoena.

Explanation

Federal law, including the Gramm-Leach-Bliley Act, prohibits obtaining customer information from a financial institution by false pretenses or deception. This practice is often called pretexting.

Question 36Ethics, Professional Conduct, and Privacy Obligations

A private investigator plans to record a telephone conversation with a subject in a two-party consent state. What must the investigator generally obtain?

  1. The consent of all parties to the recording. Correct answer.
  2. A police permit for the recording.
  3. Nothing, as long as the investigator identifies himself.
  4. A search warrant for the conversation.

Explanation

In all-party consent jurisdictions, recording a confidential communication generally requires the consent of every party. One-party consent rules differ by state and should be checked before recording.

Question 37Ethics, Professional Conduct, and Privacy Obligations

An investigator attaches a GPS tracker to a subject's vehicle while it is parked in the subject's driveway. Which legal concern is most significant?

  1. There is no legal concern at all because the driveway is public property.
  2. Trespass and intrusion on a reasonable expectation of privacy. Correct answer.
  3. The only real concern is whether the tracker's battery will last long enough.
  4. GPS trackers are illegal in every circumstance, even with a warrant.

Explanation

Tracking on public roads may be lawful, but physically attaching a device to a vehicle on private property can raise trespass and privacy issues, and some states restrict electronic tracking. The investigator should consider jurisdiction-specific rules before placement.

Question 38Ethics, Professional Conduct, and Privacy Obligations

During an interview, an investigator says, 'I'm with the police.' This statement is...

  1. improper because it implies law enforcement authority. Correct answer.
  2. acceptable if no badge or uniform is shown to the subject.
  3. acceptable if the client approves the statement in advance.
  4. acceptable if it helps the investigator obtain information.

Explanation

Misrepresenting oneself as a law enforcement officer is generally unlawful and unethical, even without a badge or uniform. It can taint evidence and expose the investigator to civil and criminal liability.

Question 39Ethics, Professional Conduct, and Privacy Obligations

A court issues a valid subpoena for records the investigator gathered under a confidential client engagement. What should the investigator do?

  1. Notify the client and comply or move to quash. Correct answer.
  2. Provide the records to the local press instead.
  3. Ignore the subpoena because the records are confidential.
  4. Destroy the records before the return date.

Explanation

Confidentiality yields to valid legal compulsion, but the investigator should notify the client so the client can seek a protective order or move to quash. Destroying records or ignoring the subpoena can lead to sanctions.

Question 40Ethics, Professional Conduct, and Privacy Obligations

Which fee arrangement is generally considered unethical for a private investigator?

  1. An hourly fee for time worked.
  2. A retainer applied against hourly work.
  3. A flat fee agreed in advance.
  4. A fee contingent on giving particular testimony. Correct answer.

Explanation

A fee contingent on providing specific testimony creates a financial incentive to shade the truth and undermines the investigator's duty of objectivity. Contingent fees tied to case outcomes are also restricted in many settings.

Question 41Ethics, Professional Conduct, and Privacy Obligations

A bail bondsman offers an investigator $100 for each client referred. What is the ethical issue?

  1. It is acceptable as long as it is under $500.
  2. It is an improper referral fee or kickback. Correct answer.
  3. The payment is acceptable if the client agrees to it.
  4. There is no issue if the payment is disclosed to the client.

Explanation

Paying or receiving undisclosed compensation for referrals can constitute fee-splitting or a kickback, which many licensing laws and ethics codes prohibit. Disclosure alone does not necessarily cure the impropriety.

Question 42Ethics, Professional Conduct, and Privacy Obligations

An investigator creates a fake social media profile to connect with a subject and access private posts. What is the best ethical and legal analysis?

  1. It is never permitted to view any social media content.
  2. It is always permitted because social media is public.
  3. It is permitted if the profile uses a real photograph.
  4. It may breach platform terms and privacy expectations. Correct answer.

Explanation

Using a false persona can breach platform terms, violate computer or privacy laws in some jurisdictions, and undermine the investigator's credibility. Publicly available posts may be reviewed, but deception to access restricted content requires careful legal review.

Question 43Ethics, Professional Conduct, and Privacy Obligations

When collecting a physical item as evidence, the investigator should...

  1. give the item to the client without any record.
  2. keep the item in a pocket until the report is written.
  3. discard the item after photographing it.
  4. document each transfer and store the item securely. Correct answer.

Explanation

Chain of custody requires documenting who collected, handled, and transferred the evidence to show it has not been altered. Secure storage prevents loss, contamination, and tampering.

Question 44Ethics, Professional Conduct, and Privacy Obligations

An investigator is called to testify and cannot recall a detail. What is the proper response?

  1. Invent a plausible detail that fits the report.
  2. Refuse to answer every question from counsel.
  3. Guess confidently so the testimony appears credible.
  4. State honestly that it is not recalled. Correct answer.

Explanation

Witnesses have a duty to testify truthfully and not to speculate. A clear statement of lack of recollection is proper and preserves credibility.

Question 45Ethics, Professional Conduct, and Privacy Obligations

How should an investigator handle case files containing sensitive personal data after the retention period ends?

  1. Post them online for transparency.
  2. Leave them in an unlocked office.
  3. Sell them to marketing companies.
  4. Securely destroy or dispose of them. Correct answer.

Explanation

Personal data should be retained only as long as necessary and then securely destroyed to reduce privacy and security risks. Shredding or certified destruction is appropriate for sensitive records.

Question 46Ethics, Professional Conduct, and Privacy Obligations

A client asks the investigator to share the investigation report with the client's attorney. What is the appropriate action?

  1. Require a search warrant before giving it to the attorney.
  2. Share it with anyone who asks for a copy, without asking the client.
  3. Refuse to share it because all investigative reports are strictly confidential.
  4. Share it with the client's attorney as authorized, and document. Correct answer.

Explanation

The attorney is acting for the client, so sharing with the client's authorized representative is generally permitted with the client's consent. The investigator should document the authorization and limit disclosure to the intended recipient.

Question 47Ethics, Professional Conduct, and Privacy Obligations

An investigator licensed only for domestic cases is asked to perform a complex financial fraud audit. The best response is to...

  1. decline or associate with a qualified professional. Correct answer.
  2. accept and conceal the limitation from the client.
  3. subcontract the entire case without telling the client.
  4. accept and learn the necessary skills as the work proceeds.

Explanation

Investigators should accept only work within their competence and licensing scope. If the matter requires expertise they lack, they should decline or bring in a qualified professional with the client's knowledge.

Question 48Ethics, Professional Conduct, and Privacy Obligations

An investigator wants to interview a 15-year-old about a family matter. What is the most prudent approach?

  1. Interview the minor alone without any notice to a guardian.
  2. Obtain guardian consent or follow applicable safeguards. Correct answer.
  3. Promise the minor absolute confidentiality.
  4. Record the interview secretly.

Explanation

Minors may require parental consent or special protections, and interviewing them without safeguards can be unethical or unlawful. The investigator should follow jurisdiction-specific rules and avoid promises of confidentiality that cannot be kept.

Question 49Ethics, Professional Conduct, and Privacy Obligations

An investigator photographs a subject from a public sidewalk outside the subject's home. This is generally...

  1. permissible without violating privacy and without harassment. Correct answer.
  2. permissible only if the subject gives written consent first.
  3. never permitted unless the investigator first obtains a warrant.
  4. always trespass, because it is near a home.

Explanation

Observing and photographing from a public vantage point is generally lawful where the subject has no reasonable expectation of privacy. Intrusive zooming, harassment, or entry onto private property can change the analysis.

Question 50Ethics, Professional Conduct, and Privacy Obligations

During an investigation, an investigator learns of suspected child abuse. What is the most appropriate response?

  1. Ignore it if it is outside the scope of the engagement.
  2. Keep it confidential because the client hired the investigator.
  3. Comply with applicable mandatory reporting laws. Correct answer.
  4. Investigate and punish the responsible person.

Explanation

Many jurisdictions require certain professionals, and sometimes any person, to report suspected child abuse. The investigator should follow the applicable reporting law rather than treating confidentiality as absolute.