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TN Private Investigator practice questions

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Question 1Tennessee statutes, rules, and Commission regulations governing private investigation

Which body issues, renews, and disciplines private investigator licenses in Tennessee?

  1. The Tennessee Department of Safety and Homeland Security
  2. The Secretary of State's Business Services Division
  3. The Tennessee Private Investigation and Polygraph Commission Correct answer.
  4. The Tennessee Bureau of Investigation

Explanation

The Private Investigators Licensing and Regulatory Act assigns licensure and discipline of private investigators, investigation companies, and polygraph examiners to the Commission. The Commission is attached to the Department of Commerce and Insurance for administrative purposes. The TBI and the Department of Safety are law enforcement agencies and do not license private investigators.

Question 2Tennessee statutes, rules, and Commission regulations governing private investigation

A person who performs private investigation services for hire in Tennessee without holding a license is subject to which consequence?

  1. Lawful practice so long as the person works for a single client
  2. Lawful practice as long as the person does not advertise
  3. Lawful practice whenever the client is located outside Tennessee
  4. Criminal penalties and action by the Commission for unlicensed practice Correct answer.

Explanation

The Act requires licensure of anyone who engages in private investigation for compensation, and unlicensed activity is both a licensing violation and a criminal offense. Neither a limited client base nor out-of-state clients create an exemption. Advertising is not the trigger for licensure; providing the service is.

Question 3Tennessee statutes, rules, and Commission regulations governing private investigation

While working a case, a licensed investigator falsely tells a subject that he is a police detective in order to obtain information. This conduct is best characterized as which of the following?

  1. A minor ethics issue that the client may waive on the investigator's behalf
  2. Permissible if the investigator later identifies himself truthfully
  3. A criminal offense and a violation of the Act that exposes the license to discipline Correct answer.
  4. Acceptable pretext because the investigator holds a state license

Explanation

Impersonating a law enforcement officer is a criminal offense in Tennessee and is also prohibited conduct under the Private Investigators Licensing and Regulatory Act. A state investigator license never authorizes a licensee to claim police authority. The client cannot consent to or waive a criminal violation.

Question 4Tennessee statutes, rules, and Commission regulations governing private investigation

A Tennessee private investigator conducting surveillance sees a person commit a misdemeanor that does not involve a breach of the peace. What arrest authority does the investigator have?

  1. Only the arrest authority available to any private citizen, which does not cover that offense Correct answer.
  2. Authority to detain the person for up to four hours pending police arrival
  3. Full arrest authority because the investigator is licensed by the state
  4. Authority to stop and frisk the person for weapons

Explanation

A private investigator holds no police powers and has only the arrest authority of an ordinary citizen. Tennessee's citizen-arrest statute is narrow and generally reaches felonies and misdemeanors amounting to a breach of the peace. Because the offense described is a misdemeanor not involving a breach of the peace, the investigator may not arrest for it.

Question 5Tennessee statutes, rules, and Commission regulations governing private investigation

In Tennessee, polygraph examiners who test subjects in connection with investigations are licensed and regulated by which entity?

  1. The Department of Health
  2. The Board of Examiners in Psychology
  3. The Tennessee Private Investigation and Polygraph Commission Correct answer.
  4. The Tennessee Bureau of Investigation

Explanation

The Commission's name reflects its dual jurisdiction: it licenses and disciplines both private investigators and polygraph examiners. Health-related boards and psychology boards regulate clinical professions, not investigative polygraph practice. The TBI does not issue polygraph examiner licenses.

Question 6Tennessee statutes, rules, and Commission regulations governing private investigation

The Tennessee Private Investigation and Polygraph Commission is administratively housed within which department?

  1. The Department of Commerce and Insurance Correct answer.
  2. The Department of Health
  3. The Office of the Attorney General
  4. The Department of Safety and Homeland Security

Explanation

The Commission is attached to the Department of Commerce and Insurance, which administers Tennessee's licensed occupations and regulatory boards. It is not part of the state's law enforcement or health agencies. This placement affects how rules are promulgated and how disciplinary orders are administered.

Question 7Tennessee statutes, rules, and Commission regulations governing private investigation

An investigator finishes an investigation for a divorce attorney. The opposing spouse later calls and asks what the investigator learned. The investigator should do which of the following?

  1. Disclose only the portions that are not favorable to the client
  2. Disclose the findings if the spouse agrees to pay a copying fee
  3. Decline to disclose, because information obtained for a client is confidential and may be released only with authorization or as required by law Correct answer.
  4. Disclose the findings because the spouse is a party to the case

Explanation

Licensees owe a duty of confidentiality to the client for information gathered in the course of the engagement. Disclosure is permitted only with the client's authorization or when compelled by law, such as a valid court order. Neither party status nor an offer of payment creates authority to release the file.

Question 8Tennessee statutes, rules, and Commission regulations governing private investigation

A licensed investigator wants to form a limited liability company to sell investigative services to the public. What licensing step is required?

  1. Nothing further; the individual investigator license covers all business activity
  2. Only a county business license
  3. A private investigation company license for the LLC, in addition to the individual investigator license Correct answer.
  4. A private investigator license issued to the LLC in place of the individual license

Explanation

The Act licenses investigation companies separately from individual investigators, so a business entity that offers investigative services must hold a company license. The individual who owns or directs the company must also be individually licensed. A general business license alone does not satisfy the Act.

Question 9Tennessee statutes, rules, and Commission regulations governing private investigation

A Tennessee investigator is a party to a telephone call with a witness and wants to record the call. Under Tennessee's wiretap statute, the recording is:

  1. Unlawful unless both parties consent in writing
  2. Unlawful because licensed investigators may never record conversations
  3. Lawful, because Tennessee permits interception when one party to the communication consents Correct answer.
  4. Lawful only after the investigator obtains a court order

Explanation

Tennessee is a one-party consent state: interception is lawful when the intercepting person is a party to the communication or when one party has given prior consent. Because the investigator is himself a party to the call, he may record it. A court order is not required in that situation.

Question 10Tennessee statutes, rules, and Commission regulations governing private investigation

A licensed investigator is convicted of felony forgery while off duty. What action may the Commission take?

  1. None, because the offense occurred outside of work
  2. Act only if the forgery involved an investigative client
  3. Impose only a monetary fine, since the criminal court already imposed punishment
  4. Deny, suspend, or revoke the license after providing notice and a hearing Correct answer.

Explanation

A felony conviction is a statutory ground for denial, suspension, or revocation of an investigator license, and the Commission must afford notice and an opportunity for a hearing. The conviction need not arise from investigative work. Criminal punishment and licensing discipline are separate consequences.

Question 11Tennessee statutes, rules, and Commission regulations governing private investigation

Which statement best describes continuing education for Tennessee licensed private investigators?

  1. A set number of approved continuing education hours must be completed during each renewal cycle Correct answer.
  2. Continuing education is required only of investigators who carry firearms
  3. No continuing education is required once the initial license is issued
  4. Only licensees in their first year must complete continuing education

Explanation

The Commission requires licensees to complete approved continuing education as a condition of renewal. Hours must fall within the Commission's approved subject areas and be documented for the renewal cycle. The requirement applies to licensees generally, not only to new licensees or to those who carry firearms.

Question 12Tennessee statutes, rules, and Commission regulations governing private investigation

An investigator's license expires while she is in the middle of a case, and she keeps working on it for three weeks before renewing. Her conduct is best described as:

  1. Permissible, provided she reports the lapse to the client in writing
  2. Unlawful practice without a license, exposing her to discipline and criminal penalties Correct answer.
  3. Permissible, because the case began while the license was active
  4. Permissible, if she completes the renewal before the client is billed

Explanation

Investigative authority ends when the license expires; work performed after expiration is unlicensed activity regardless of when the case began. The Act does not permit a grace period for continuing active casework. Billing timing and client notice do not cure the lapse.

Question 13Tennessee statutes, rules, and Commission regulations governing private investigation

A husband's attorney hires an investigator in a divorce matter. The wife's attorney then asks the same investigator to investigate the husband in that same matter. The investigator should:

  1. Accept, as long as she does not discuss the first engagement with the wife's attorney
  2. Decline the second engagement, because prior employment for the adverse party creates a conflict Correct answer.
  3. Accept, because no confidential information was obtained from the husband
  4. Accept, because each spouse is entitled to hire an investigator

Explanation

Accepting employment adverse to a former client in the same matter creates a conflict of interest, even where the investigator believes she learned nothing damaging. The proper course is to decline the adverse engagement or obtain informed consent from all affected parties. Taking the case and simply staying quiet does not remove the conflict.

Question 14Tennessee statutes, rules, and Commission regulations governing private investigation

An investigator is retained by a criminal defense attorney and prepares interview notes at the attorney's direction. Those notes are best described as:

  1. Automatically discoverable by the prosecution without any request
  2. Public records subject to production on request
  3. The investigator's personal property, free of any confidentiality obligation
  4. Generally protected as the attorney's work product and to be handled accordingly Correct answer.

Explanation

When an investigator works at a lawyer's direction, the materials produced are generally treated as the lawyer's work product and are protected from disclosure to opposing parties. The investigator must safeguard those materials and release them only as the attorney directs or a court orders. They are not public records.

Question 15Tennessee statutes, rules, and Commission regulations governing private investigation

An investigator working for a lawyer is asked to interview a party whom the investigator knows is represented by counsel about the subject of the litigation. The investigator should:

  1. Have the client place the call and report back
  2. Not communicate with the party about the matter, because the lawyer's no-contact obligation extends to the lawyer's agents Correct answer.
  3. Conduct the interview if the party agrees to talk
  4. Conduct the interview, because the no-contact rule applies only to attorneys

Explanation

A lawyer may not communicate about a represented matter with a person the lawyer knows to be represented, and that prohibition extends to agents acting for the lawyer, including investigators. Contact must go through the party's counsel or be authorized by law. Routing the contact through the client does not avoid the rule.

Question 16Tennessee statutes, rules, and Commission regulations governing private investigation

During mobile surveillance, a subject walks through an open gate into a backyard posted with 'No Trespassing' signs. The investigator should:

  1. Enter the yard because the gate was left open
  2. Enter after identifying himself as a licensed investigator
  3. Remain on public property or obtain lawful consent, because the license conveys no right to enter private property Correct answer.
  4. Follow the subject into the yard, because surveillance is authorized by the license

Explanation

An investigator license authorizes the business of investigation but grants no right to enter another person's private property. Entering posted private property can constitute criminal trespass and expose the licensee to discipline. Lawful surveillance is conducted from public areas or with the consent of the person in control of the property.

Question 17Tennessee statutes, rules, and Commission regulations governing private investigation

A client asks an investigator to obtain a target's bank records by telephoning the bank and posing as the account holder. The investigator should refuse because:

  1. The request is improper only if the client refuses to pay a retainer
  2. Only law enforcement officers may ever review bank records
  3. Bank records are absolutely privileged and can never be obtained in any investigation
  4. Obtaining a customer's financial information from a financial institution by false pretenses is prohibited by federal law Correct answer.

Explanation

Federal law prohibits obtaining customer information from a financial institution by false pretenses, a practice known as pretexting. Investigators may obtain financial records only through lawful means such as subpoena, court order, or the account holder's valid authorization. The prohibition does not depend on the identity of the client.

Question 18Tennessee statutes, rules, and Commission regulations governing private investigation

A licensed investigator's unlicensed friend proposes to run surveillance under the investigator's business name in exchange for a share of the fee. The investigator should:

  1. Refuse, because aiding an unlicensed person to perform investigative work and splitting fees with that person violates the Act Correct answer.
  2. Agree, provided the friend signs a confidentiality agreement
  3. Agree, if the friend is paid a salary instead of a share
  4. Agree, because the friend will not advertise the service

Explanation

Licensees may not knowingly assist an unlicensed person in performing investigative services, and fee splitting with unlicensed persons is prohibited. A confidentiality agreement or a change in the form of payment does not cure the underlying violation. The friend must be licensed before performing investigative work for the business.

Question 19Tennessee statutes, rules, and Commission regulations governing private investigation

The Commission opens a complaint investigation and asks a licensee to produce records from a closed case. The licensee:

  1. May refuse, because case files are confidential to the client
  2. Must cooperate and produce the records, because licensees are subject to Commission investigation and discipline Correct answer.
  3. May refuse unless the Commission first obtains a court order
  4. Must produce only the records that support the complaint

Explanation

Holding a license subjects the licensee to the Commission's investigative authority, including examination of business and case records. Confidentiality to the client yields to a lawful regulatory request from the licensing authority. Selective production is not an option; the Commission determines what it needs.

Question 20Tennessee statutes, rules, and Commission regulations governing private investigation

A prospective client asks whether a Tennessee private investigator license allows the investigator to carry a handgun on the job. The most accurate answer is:

  1. Yes, because licensure includes firearm authority while on duty
  2. No, and a licensed investigator may never lawfully carry a firearm
  3. The license alone confers no firearm authority; carrying a handgun requires compliance with Tennessee firearms law and any applicable Commission rules Correct answer.
  4. Yes, but only while conducting stationary surveillance

Explanation

An investigator license regulates the investigative business and does not itself authorize the carrying of a firearm. Firearm authority comes from Tennessee firearms law, and the Commission may impose additional requirements for armed work. Investigators who carry must satisfy both the general law and any applicable regulatory requirements.

Question 21Tennessee statutes, rules, and Commission regulations governing private investigation

A licensee ignores a Commission subpoena in a disciplinary proceeding and fails to appear. What is the Commission's most likely recourse?

  1. Wait for a criminal conviction before any licensing action may proceed
  2. Ask the TBI to arrest the licensee for contempt on the spot
  3. Nothing, because the Commission cannot compel testimony from licensees
  4. Petition a court to enforce the subpoena, because the Commission has statutory subpoena power Correct answer.

Explanation

The Commission's enabling statute grants subpoena power for its investigations and hearings, and enforcement is obtained through the courts. A licensing proceeding is independent of any criminal case, so the Commission need not await a prosecution. Failure to comply itself can support disciplinary action.

Question 22Tennessee statutes, rules, and Commission regulations governing private investigation

An applicant conceals a disqualifying conviction on his license application and is issued a license. When the Commission later learns of it, the Commission may:

  1. Refer the matter to the district attorney and take no licensing action
  2. Suspend or revoke the license, because it was obtained by fraud or misrepresentation Correct answer.
  3. Take no action, because the license became valid when it was issued
  4. Only note the concealment in the licensee's file

Explanation

A license obtained through fraud or misrepresentation of a material fact may be suspended or revoked, and false statements on an application are themselves a ground for discipline. Referral for prosecution does not displace the Commission's own authority. The prior issuance of the license does not insulate it from later challenge.

Question 23Tennessee statutes, rules, and Commission regulations governing private investigation

Without the owner's knowledge or consent, an investigator attaches a GPS tracking device to a subject's personal vehicle. This conduct is:

  1. Not authorized by the investigator's license and generally prohibited by Tennessee law Correct answer.
  2. Expressly authorized for licensed investigators
  3. Authorized whenever the vehicle is parked on a public street
  4. Authorized if the investigator notifies local law enforcement in advance

Explanation

Tennessee law restricts electronic tracking of another person's motor vehicle without the owner's or lessee's consent, and an investigator license creates no exception. Law enforcement acting under legal authority, and certain owners and lessees, fall outside the prohibition; a private investigator hired by a client does not. Notice to police does not supply the missing consent.

Question 24Tennessee statutes, rules, and Commission regulations governing private investigation

An investigator hides a recorder in a subject's private office and captures the subject's conversations with clients. Neither the subject nor the clients consented. The recordings are:

  1. Lawful if the recordings are used only for the client who paid for them
  2. Unlawful interception, because no party to the recorded conversations consented Correct answer.
  3. Lawful because the subject owns the office
  4. Lawful because the investigator is licensed

Explanation

Tennessee's one-party consent rule requires either that the intercepting person be a party to the communication or that a party consent. A device planted to capture conversations between other people satisfies neither condition where the speakers have a reasonable expectation of privacy. The intended use of the recordings does not change the analysis.

Question 25Tennessee statutes, rules, and Commission regulations governing private investigation

An investigator receives a subpoena in an unrelated civil suit demanding a former client's entire investigative file. What is the best course of action?

  1. Notify the client and assert confidentiality, producing the file only as directed by the court Correct answer.
  2. Ignore the subpoena entirely, because the client is not a party to the suit
  3. Produce the entire file immediately, because any subpoena is a court order
  4. Destroy the file so that it cannot be produced

Explanation

A subpoena issued by an attorney or clerk is not the same as a court order compelling disclosure, so the investigator should notify the client and raise confidentiality objections. Production follows only after a court rules or the client authorizes release. Destroying records or ignoring the subpoena can itself expose the investigator to sanctions.

Question 26Tennessee statutes, rules, and Commission regulations governing private investigation

A law firm pays a freelancer to locate and interview a witness for an upcoming trial. Under Tennessee law, the freelancer must:

  1. be a member of the state bar or a supervised law clerk
  2. register with the court clerk before beginning the work
  3. hold a valid Tennessee private investigator license Correct answer.
  4. be a retired law enforcement officer

Explanation

Tennessee requires anyone who, for compensation, engages in the business of obtaining information about a person's identity, habits, conduct, whereabouts, or related matters to hold a private investigator license issued by the Commission. A retainer from a law firm does not create an exemption from licensure.

Question 27Tennessee statutes, rules, and Commission regulations governing private investigation

A licensee orders a gold shield that resembles a deputy sheriff's badge and plans to display it during interviews. Under Commission rules, this is:

  1. prohibited, because a licensee may not display a badge suggesting law enforcement authority Correct answer.
  2. permissible, as long as the shield reads 'private investigator'
  3. prohibited only if the licensee is also carrying a firearm
  4. permissible, because investigators frequently work alongside police

Explanation

Commission rules bar licensees from displaying badges, shields, or identification that create the impression of law enforcement authority. The wording on the shield does not cure the problem when the design itself mimics an official badge.

Question 28Tennessee statutes, rules, and Commission regulations governing private investigation

A person who administers polygraph examinations for a fee in Tennessee must:

  1. hold a polygraph examiner license issued by the Commission Correct answer.
  2. hold only a private investigator license
  3. be certified by any national polygraph association
  4. hold a state-issued security officer commission

Explanation

Polygraph examiners are licensed and regulated by the same Commission that licenses private investigators. National association certification alone does not satisfy the state licensing requirement.

Question 29Tennessee statutes, rules, and Commission regulations governing private investigation

A licensee completes an investigation for a client and is later contacted by the client's neighbor, who asks what was found. The licensee should:

  1. summarize the findings, since the case is now closed
  2. confirm only whether the subject was investigated
  3. release the file if the neighbor pays the copying fee
  4. decline to disclose absent the client's authorization or legal compulsion Correct answer.

Explanation

Information a licensee obtains for a client is confidential and may be released only as the client authorizes or as the law requires. Closing a case does not end the duty of confidentiality.

Question 30Tennessee statutes, rules, and Commission regulations governing private investigation

A private investigator licensed only in Georgia is hired to conduct surveillance in Memphis and interview witnesses in Nashville. The investigator:

  1. may work if a Tennessee licensee reviews her final report
  2. may work up to 60 days a year on the Georgia license
  3. may work if the Georgia office remains her base of operations
  4. must obtain a Tennessee license before performing that work Correct answer.

Explanation

Investigative activity performed in Tennessee requires a Tennessee license; an out-of-state credential does not authorize work inside the state. Where a reciprocity or comity provision applies, the investigator still must obtain the Tennessee credential first.

Question 31Tennessee statutes, rules, and Commission regulations governing private investigation

A client directs an investigator to destroy surveillance video that would be unfavorable in the client's upcoming litigation. The investigator should:

  1. turn the video over to the client's attorney and let the attorney decide
  2. destroy the video, because the client paid for it
  3. destroy the video only if no subpoena has been served yet
  4. refuse, because destroying evidence is unlawful and a licensee may not engage in illegal conduct Correct answer.

Explanation

A licensee may not participate in the destruction of evidence in anticipation of litigation; doing so exposes the investigator to criminal liability and Commission discipline. The proper course is to refuse and, if the client insists, withdraw.

Question 32Tennessee statutes, rules, and Commission regulations governing private investigation

A bail bondsman who holds no investigator license refers clients to a licensee and asks for 25 percent of every fee collected. The licensee:

  1. may not share fees with an unlicensed person for the referral Correct answer.
  2. may pay the share because referral fees are unregulated in Tennessee
  3. may pay the share if the bondsman signs a confidentiality agreement
  4. may pay the share if it is booked as a marketing expense

Explanation

Commission rules prohibit a licensee from splitting fees with, or paying commissions to, unlicensed persons for investigative business, because the arrangement rewards unlicensed activity. A confidentiality agreement or a different accounting label does not change the character of the payment.

Question 33Tennessee statutes, rules, and Commission regulations governing private investigation

While working a case, a licensee uses her client's account to pull a neighbor's motor vehicle record out of personal curiosity. This conduct:

  1. is acceptable if the record is not shared with anyone
  2. is acceptable, because licensees have authorized access to motor vehicle records
  3. violates federal driver privacy law and the Commission's standards and may result in discipline Correct answer.
  4. is a minor recordkeeping issue rather than a disciplinary matter

Explanation

Federal driver privacy law permits access to motor vehicle records only for specified permissible purposes; personal curiosity is not one of them. Obtaining records for an impermissible purpose also violates the standards of conduct enforced by the Commission.

Question 34Tennessee statutes, rules, and Commission regulations governing private investigation

While on an assignment, a licensee sees a man he believes stole from his client and wants to take him into custody. The licensee:

  1. may arrest the man because the client authorized it in writing
  2. may exercise the same arrest powers as a deputy sheriff while on duty
  3. may detain the man for up to 24 hours pending police arrival
  4. has no arrest authority beyond that of any private citizen Correct answer.

Explanation

A Tennessee investigator license confers no police powers; a licensee may act only as any private citizen may, such as a lawful citizen's arrest where the law allows it. A client's written authorization cannot expand that authority.

Question 35Tennessee statutes, rules, and Commission regulations governing private investigation

A client asks a licensed investigator to draft a legal motion and file it in the client's custody case. The investigator should:

  1. draft it and file it if an attorney reviews the document afterward
  2. draft and file it if no separate fee is charged for the document
  3. decline, because a private investigator license does not authorize the practice of law Correct answer.
  4. draft and file it, because the investigator is licensed by the state

Explanation

A private investigator license authorizes investigative services only; preparing and filing legal papers on a client's behalf constitutes the unauthorized practice of law. The investigator may provide factual information to the client's attorney instead.

Question 36Tennessee statutes, rules, and Commission regulations governing private investigation

An applicant proposes to license a firm under the name 'Tennessee State Investigative Bureau, LLC.' The Commission is most likely to:

  1. approve it if the firm adds the word 'Private' to the name
  2. approve it if no government agency files an objection
  3. approve it, because firm names are governed only by the Secretary of State
  4. reject it, because a firm name may not imply affiliation with a government agency Correct answer.

Explanation

Business names used by licensees may not suggest a connection with a governmental body or law enforcement agency. A name built around a state-sounding bureau implies exactly that kind of official affiliation.

Question 37Tennessee statutes, rules, and Commission regulations governing private investigation

A licensee is asked to investigate a competing business in which the licensee holds a significant ownership interest. The licensee should:

  1. disclose the interest to the client and obtain consent before proceeding Correct answer.
  2. accept the case if the fee is paid in advance
  3. accept the case and say nothing, because the work will be objective
  4. assign the case to an unlicensed associate to avoid the conflict

Explanation

A licensee must avoid conflicts of interest and, where one exists, make full disclosure so the client can decide whether to proceed. Concealing the interest, or routing the work to an unlicensed person, does not resolve the conflict.

Question 38Tennessee statutes, rules, and Commission regulations governing private investigation

The Commission determines that an unlicensed individual is operating an investigative agency. The Commission's authority includes:

  1. arresting the individual and holding him for trial
  2. seizing the individual's equipment without a hearing
  3. assessing civil penalties and seeking injunctive relief in court Correct answer.
  4. taking no action, because licensure violations are handled only by criminal courts

Explanation

The licensing act empowers the Commission to impose civil penalties for unlicensed activity and to seek injunctive relief through the courts to stop it. Criminal prosecution, where pursued, is handled by prosecutors rather than by the Commission itself.

Question 39Tennessee statutes, rules, and Commission regulations governing private investigation

An applicant is denied a private investigator license after the Commission's review. The applicant's proper avenue is to:

  1. request a contested case hearing and, if unsuccessful, seek judicial review in chancery court Correct answer.
  2. resubmit the application until a different reviewer is assigned
  3. file an immediate appeal with the Tennessee Court of Appeals
  4. demand a jury trial before the Commission

Explanation

A license denial is a contested case, so the applicant is entitled to an administrative hearing before the agency and then to judicial review by petition filed in chancery court under the state administrative procedure law. The dispute does not begin in the appellate courts.

Question 40Tennessee statutes, rules, and Commission regulations governing private investigation

A Tennessee licensee accepts a case that requires interviews and surveillance in another state that also licenses private investigation. He should:

  1. proceed, because out-of-state work falls outside Tennessee's rules
  2. proceed, because a Tennessee license is valid nationwide
  3. proceed if the client resides in Tennessee
  4. comply with the other state's licensing requirements, which may require a license there Correct answer.

Explanation

Licensing is state-specific, so an investigator who performs work in another state must satisfy that state's requirements, which may include obtaining a local license. Doing so also keeps the licensee in compliance with Tennessee's standards of conduct.

Question 41Investigative principles, techniques, and case planning

Which action should an investigator take first when planning a new case?

  1. Collect physical evidence from the scene
  2. Begin mobile surveillance of the subject
  3. Interview every neighbor in the area
  4. Define the client's objective and the scope of work Correct answer.

Explanation

Case planning begins by clarifying the client's objective, scope, legal constraints, and expected deliverables. Surveillance, interviews, and evidence collection are tactics selected only after those planning decisions are made.

Question 42Investigative principles, techniques, and case planning

Chain of custody is best described as which of the following?

  1. A summary of the investigator's opinions about the case
  2. A documented record of who handled evidence, when, and where Correct answer.
  3. A court order authorizing a search of premises
  4. A list of witnesses who observed the incident

Explanation

Chain of custody documents every transfer and storage step for evidence, from collection through presentation. This record helps show that the evidence is authentic and has not been altered.

Question 43Investigative principles, techniques, and case planning

Which statement correctly distinguishes an interview from an interrogation?

  1. An interrogation is used only to question bystanders
  2. Both an interview and an interrogation are accusatory in nature
  3. An interview is accusatory, while an interrogation is non-accusatory
  4. An interview gathers information, while an interrogation is accusatory Correct answer.

Explanation

An interview is generally non-accusatory and designed to gather information from a person. An interrogation is accusatory and focuses on obtaining admissions or statements from a suspect.

Question 44Investigative principles, techniques, and case planning

What is the best practice for recording an investigator's observations during fieldwork?

  1. Write notes as soon as practical after the observation Correct answer.
  2. Record only the facts that support the client's position
  3. Rely on memory and write notes only if asked
  4. Wait until the final report is due to write them down

Explanation

Contemporaneous notes preserve detail and are more credible if the investigator later testifies. They should be complete and objective, not limited to facts that favor one side.

Question 45Investigative principles, techniques, and case planning

Which sources are proper for a lawful background investigation of a subject?

  1. Bank records obtained without a subpoena or consent
  2. Medical records obtained without the subject's authorization
  3. Public court records, property records, and licensing files Correct answer.
  4. Sealed juvenile records opened without a court order

Explanation

Background investigations may rely on lawfully accessible public records such as court filings, property records, and licensing files. Protected records generally require consent, a subpoena, or another legal basis.

Question 46Investigative principles, techniques, and case planning

When an investigator arrives at a scene that may contain evidence, the first priority is to do which of the following?

  1. Allow family members to clean the area
  2. Interview all suspects together in one room
  3. Move items to a better-lit location
  4. Secure the area and control access to it Correct answer.

Explanation

Securing the scene prevents contamination, loss, and unauthorized access. Evidence should not be moved or cleaned before it has been documented and collected properly.

Question 47Investigative principles, techniques, and case planning

What is the best way to organize a case file for later review and testimony?

  1. Keep all documents only in a digital folder without labels
  2. Arrange documents chronologically with an index Correct answer.
  3. Rely on the investigator's memory of events
  4. Discard draft notes after the final report

Explanation

A chronological file with an index allows the investigator, attorney, and court to locate materials efficiently. Draft notes and original records should generally be retained rather than discarded.

Question 48Investigative principles, techniques, and case planning

Which question is most appropriate for the opening of a witness interview?

  1. Was the getaway car blue?
  2. The suspect ran toward the alley, correct?
  3. Did you see a knife in the suspect's hand?
  4. What did you see and hear that evening? Correct answer.

Explanation

Open-ended questions encourage a witness to give a full, uncontaminated account in their own words. Leading or closed questions early in an interview can shape the witness's memory and reduce reliability.

Question 49Investigative principles, techniques, and case planning

Which statement accurately contrasts static and mobile surveillance?

  1. Mobile surveillance requires a search warrant in every case
  2. Static surveillance follows the subject, while mobile surveillance remains fixed
  3. Static surveillance remains at a fixed location, while mobile surveillance follows the subject Correct answer.
  4. Static surveillance uses only cameras, while mobile surveillance uses only foot teams

Explanation

Static surveillance observes a person or place from a fixed position, while mobile surveillance moves with the subject. The choice depends on the objective, environment, and risk of detection.

Question 50Investigative principles, techniques, and case planning

Which statement best describes a lawful limit on pretexting during an investigation?

  1. The investigator must not impersonate law enforcement or obtain protected records by deception Correct answer.
  2. Only written pretexts are allowed in civil investigations
  3. Pretexting is never permitted under any circumstance
  4. Any false statement is permitted if it helps the client

Explanation

Pretexting can involve deception, but it cannot include impersonating law enforcement or using deception to obtain legally protected records. Investigators must also avoid unauthorized access and other illegal conduct.