Legal & Ethical Considerations Flashcards
7 cards from real CPI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Ethical Considerations flashcards as text
Under the Electronic Communications Privacy Act (ECPA), which type of interception is generally prohibited without consent or a court order?
Answer: Intercepting a wire or electronic communication in transit
The ECPA prohibits the interception of wire, oral, or electronic communications in transit without proper authorization.
A private investigator discovers evidence of a crime unrelated to their current assignment. Ethically, what is the most appropriate course of action?
Answer: Report the information to the appropriate law enforcement agency
Ethical investigators report discovered criminal activity to law enforcement even when it falls outside their assigned case.
Which legal doctrine allows evidence obtained through an unlawful search to be excluded from court proceedings?
Answer: Exclusionary rule
The exclusionary rule bars illegally obtained evidence from being used in criminal proceedings to deter unlawful government searches.
When conducting a background check, what federal law primarily governs the use of consumer reports by investigators?
Answer: Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act regulates how consumer report information can be obtained, used, and disclosed.
An investigator is hired to surveil a subject but discovers the client is using the investigation to harass an ex-partner. What should the investigator do?
Answer: Immediately terminate the engagement and potentially report it
Investigators must withdraw from engagements being used for harassment and may have a duty to report stalking or harassment to authorities.
Which of the following best describes 'pretext' in investigative practice?
Answer: Using a false identity or scenario to obtain information
Pretext involves an investigator assuming a false identity or fabricating a scenario to elicit information, which may be legally restricted in certain contexts.
Which constitutional amendment protects U.S. citizens from unreasonable searches and seizures and most directly impacts investigative practice?
Answer: Fourth Amendment
The Fourth Amendment guards against unreasonable searches and seizures, establishing limits that affect how evidence can be lawfully gathered.