Legal & Ethical Considerations Flashcards

Which of the following best illustrates the ethical principle of 'objectivity' for a certified investigator?

Answer: Reporting all findings accurately regardless of whether they favor the client

Objectivity requires investigators to report all findings honestly and impartially, regardless of how they affect the client's case.

Under ASIS International's ethical standards, which of the following is considered a conflict of interest for a professional investigator?

Answer: Simultaneously working for both the plaintiff and defendant in the same case

Representing opposing parties in the same matter is a direct conflict of interest that compromises investigative impartiality.

Which federal law regulates how investigators can access and use stored electronic communications such as emails?

Answer: Stored Communications Act (SCA)

The Stored Communications Act governs access to stored electronic communications and restricts unauthorized retrieval of emails and other stored data.

An investigator is retained by an insurance company and uncovers evidence that actually supports the claimant's case against the insurer. Ethically, the investigator must:

Answer: Disclose all findings, including evidence favorable to the claimant

Investigators are ethically obligated to disclose all material findings truthfully, even when the evidence is unfavorable to the hiring client.

What legal risk does an investigator face if they trespass onto private property to conduct surveillance, even if no evidence is collected?

Answer: Criminal trespass and civil liability

Trespass is both a criminal offense and a civil tort regardless of whether any evidence is gathered during the unauthorized entry.

Which of the following is a core principle that distinguishes ethical investigative practice from vigilantism?

Answer: Investigators gather and report evidence but do not enforce the law themselves

Private investigators collect and document evidence but have no law enforcement authority; acting as if they do constitutes vigilantism.

What is 'entrapment' in the context of private investigations, and why is it legally significant?

Answer: Inducing a person to commit a crime they would not otherwise have committed, potentially invalidating prosecution

Entrapment occurs when someone is induced to commit a crime they were not predisposed to commit; evidence obtained this way may be inadmissible.