Private Investigator Practice Exam Quiz!

1. Which of the following statements is correct with regards to private investigators?

A Private Investigator must follow all laws Federal, Provincial and Municipal.

A Private Investigator has special authority to break laws for the purpose of investigating criminal activity.

Since a Private Investigator is considered a Peace Officer he can do anything the police do.

None of the above.

Private investigators are professionals who conduct investigations on behalf of individuals or organizations. They are not exempt from the law and must adhere to all applicable laws at the federal, provincial, and municipal levels. This means that they cannot break laws or engage in any illegal activities during the course of their investigations. Their authority is limited to gathering information within the boundaries of the law, and they do not have the same powers as law enforcement officers. Therefore, the correct statement is that a private investigator must follow all laws at all levels of government.

Explanation

Private investigators are professionals who conduct investigations on behalf of individuals or organizations. They are not exempt from the law and must adhere to all applicable laws at the federal, provincial, and municipal levels. This means that they cannot break laws or engage in any illegal activities during the course of their investigations. Their authority is limited to gathering information within the boundaries of the law, and they do not have the same powers as law enforcement officers. Therefore, the correct statement is that a private investigator must follow all laws at all levels of government.

2. In a mobile surveillance if the Investigator is not careful what most likely could draw suspicion from your "target".

Staying a safe distance behind the target vehicle

Erratic driving

Driving the speed limit

None of the above

Erratic driving is the most likely behavior to draw suspicion from the target in a mobile surveillance. This is because erratic driving can attract attention, raise suspicion, and potentially alert the target to the fact that they are being followed or monitored. Staying a safe distance behind the target vehicle and driving the speed limit are cautious and inconspicuous behaviors that would not typically raise suspicion. Therefore, the correct answer is erratic driving.

Explanation

Erratic driving is the most likely behavior to draw suspicion from the target in a mobile surveillance. This is because erratic driving can attract attention, raise suspicion, and potentially alert the target to the fact that they are being followed or monitored. Staying a safe distance behind the target vehicle and driving the speed limit are cautious and inconspicuous behaviors that would not typically raise suspicion. Therefore, the correct answer is erratic driving.

3. Sam is not a licensed private investigator; however, advertises private investigation services in an online phone directory.

What type of action can BSIS undertake?

Issue a citation with an administrative penalty of up to $5,000 and an order to cease and desist.

BSIS does not have authority over internet advertising; therefore, BSIS can do nothing but ask Sam to remove his listing.

Notify the local District Attorney’s Office for prosecution.

Issue a citation with an administrative penalty of up to $7,500.

BSIS can issue a citation with an administrative penalty of up to $5,000 and an order to cease and desist because Sam is not a licensed private investigator but is advertising private investigation services. This action is within BSIS's authority to regulate and enforce licensing requirements for private investigators.

Explanation

BSIS can issue a citation with an administrative penalty of up to $5,000 and an order to cease and desist because Sam is not a licensed private investigator but is advertising private investigation services. This action is within BSIS's authority to regulate and enforce licensing requirements for private investigators.

4. Which of the following is true regarding the denial of employment-based wholly or partly because of information contained in a consumer credit report?

The user of the report must advise the applicant that adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report.

The applicant may file a lawsuit under the Equal Employment Opportunity Commission.

The user of the report must report the findings to the Department of Labor, then the Federal Trade Commission.

The user of the report does not have to do anything.

The correct answer is that the user of the report must advise the applicant that adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report. This is because the Fair Credit Reporting Act (FCRA) requires that when adverse action is taken based on information in a consumer credit report, the user of the report must provide the applicant with a notice that includes the name, address, and phone number of the consumer credit reporting agency that provided the report. This allows the applicant to contact the agency and dispute any inaccuracies in the report.

Explanation

The correct answer is that the user of the report must advise the applicant that adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report. This is because the Fair Credit Reporting Act (FCRA) requires that when adverse action is taken based on information in a consumer credit report, the user of the report must provide the applicant with a notice that includes the name, address, and phone number of the consumer credit reporting agency that provided the report. This allows the applicant to contact the agency and dispute any inaccuracies in the report.

5. If you have any outstanding tax obligations due to the Franchise Tax Board (FTB) or the State Board of Equalization (BOE) and appears on either the FTB or BOE's certified lists of top 500 tax delinquencies over $100,000, BSIS is required to _________________________________.

Suspend the license/certificate/registration of any applicant or licensee.

Deny the application for an applicant for a period not to exceed 30 days or suspend the license for a period not to exceed 60 days.

Administer a fine of no less than $10,000, but no more than $5,000, and require the outstanding tax obligations to be met.

Administer a fine of no less than $2,500, but no more than $5,000, and require the outstanding tax obligations be met within 90 days of notice.

If an individual has outstanding tax obligations and appears on the certified lists of top 500 tax delinquencies over $100,000 from either the FTB or BOE, BSIS is required to suspend the license/certificate/registration of any applicant or licensee.

Explanation

If an individual has outstanding tax obligations and appears on the certified lists of top 500 tax delinquencies over $100,000 from either the FTB or BOE, BSIS is required to suspend the license/certificate/registration of any applicant or licensee.

6. John, a private investigator, is hired by Corporation XYZ to perform pre-employment background checks on prospective employees. Prior to requesting a consumer credit report for employment purposes, which of the following is true?

The user of the report must inform the person that a report will be used, identification of the specific basis for the use of the report, source of the report, and a check box if he/she desires a copy.

The user of the report must inform the person that a report will be used, identification of the specific basis for the use of the report, and cost.

John may not use any form of the consumer credit report for employment purposes.

The user of the report must inform the person that a report will be used and a statement mentioning the person has a right to an attorney.

According to the Fair Credit Reporting Act (FCRA), before requesting a consumer credit report for employment purposes, the user of the report must inform the person that a report will be used, provide identification of the specific basis for the use of the report, disclose the source of the report, and offer a check box if the person desires a copy of the report. This ensures transparency and allows the individual to understand and have control over the use of their credit report for employment purposes.

Explanation

According to the Fair Credit Reporting Act (FCRA), before requesting a consumer credit report for employment purposes, the user of the report must inform the person that a report will be used, provide identification of the specific basis for the use of the report, disclose the source of the report, and offer a check box if the person desires a copy of the report. This ensures transparency and allows the individual to understand and have control over the use of their credit report for employment purposes.

7. Mark, a private investigator, is hired by Corporation XYZ to perform pre-employment background checks on prospective employees.

Which of the following is not true regarding the obtaining of credit reports for employment purposes?

Mark may not obtain a credit report for employment purposes under any circumstances.

Mark can obtain a credit report for an applicant applying for a managerial position.

Mark can obtain a credit report for an applicant applying for a position having regular access to bank or credit card information, social security numbers, and date of births.

Mark can obtain a credit report for an applicant applying for a position involving regular access to cash totaling $10,000 or more in one day.

Under the Fair Credit Reporting Act (FCRA), employers are required to obtain written consent from the applicant before obtaining their credit report for employment purposes. However, there are certain positions that are exempt from this requirement, such as managerial positions or positions involving access to sensitive financial information. Therefore, it is not true that Mark may not obtain a credit report for employment purposes under any circumstances.

Explanation

Under the Fair Credit Reporting Act (FCRA), employers are required to obtain written consent from the applicant before obtaining their credit report for employment purposes. However, there are certain positions that are exempt from this requirement, such as managerial positions or positions involving access to sensitive financial information. Therefore, it is not true that Mark may not obtain a credit report for employment purposes under any circumstances.

8. Robert is a retail sales clerk. One day, he sees an old detective show on T.V. and decides he’d like to be a “Private Investigator” despite having no experience in the P.I. business. Though he never actually claims to be licensed, he buys some camera gear, puts on an old trench coat, and starts soliciting clients who pay him for his investigative services. Due to his lack of experience, of course, Robert makes some serious mistakes, and his angry clients report him to BSIS. What action may be taken against Robert?

BSIS may immediately have Robert arrested for misdemeanor fraud per Civ. Code §1572 and have him imprisoned in the county jail for up to 1 year.

BSIS may issue Robert a citation with an administrative fine of up to $5,000 and, where appropriate, an order of abatement.

Robert may be fined $2,500 and charged with an infraction per B&P Code §7520.1(c), and at arraignment, Robert will have the option to elect to have his case proceed as a misdemeanor instead.

Authorities may ignore Robert because he has not actually broken any laws.

Robert may face the action of BSIS issuing him a citation with an administrative fine of up to $5,000 and, if deemed necessary, an order of abatement. This is because Robert, despite lacking experience and not claiming to be licensed, still engaged in soliciting clients and accepting payment for investigative services. His lack of experience led to serious mistakes, which resulted in angry clients reporting him to BSIS. As a regulatory agency, BSIS has the authority to take action against individuals who engage in fraudulent or unlicensed activities in the private investigator business, hence the citation and potential fine.

Explanation

Robert may face the action of BSIS issuing him a citation with an administrative fine of up to $5,000 and, if deemed necessary, an order of abatement. This is because Robert, despite lacking experience and not claiming to be licensed, still engaged in soliciting clients and accepting payment for investigative services. His lack of experience led to serious mistakes, which resulted in angry clients reporting him to BSIS. As a regulatory agency, BSIS has the authority to take action against individuals who engage in fraudulent or unlicensed activities in the private investigator business, hence the citation and potential fine.

9. A popular tabloid is known as “Extreme Press” hires a well-known Private Investigator named “Robert.” Extreme Press requests Robert to locate a popular vocal artist named Janet Star. Extreme Press also requests Robert to take close-up photographs of Janet’s face. Sources say Janet was recently beat by a former lover. Robert is able to locate Janet shopping in a clothing store. Robert approached Janet and asked her for an interview. Janet declines, mentioning “not now.” When Janet begins to walk out of the store, Robert uses his body to block the exit. Robert says, “hold on,” and snaps several photographs of Janet.
Which of the following is true?

Robert is able to take the photographs as long as he blocks Janet’s exit for a “reasonable” amount of time.

There is no crime, tort, or administrative violation since celebrities lose a “reasonable expectation of privacy” afforded to others without celebrity status.

The Bureau of Security and Investigative Services may impose a $3,000 fine and/or suspended/revoke Robert’s Private Investigator license.

Robert is liable for up to three times the amount of any general and special damages, disgorgement, subject to punitive damages, and a fine of not less than $5,000, but no more than $50,000.

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Explanation

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10. Private Investigator Mary is hired by attorney Sam to help prove his client is innocent of a crime he is accused of. Mary goes out to interview neighbors near the crime scene and runs into a sex offender who attacks her in his garage. Mary sprays him with a tear gas weapon she carries openly on her belt at all times and thus escapes unharmed. Mary has not taken any training courses for such a simple weapon because it works so easily. Which of the following is the best answer?

All Private Investigators should carry some form of self-defense weapon if they are doing any work in the field. Mary was smart to be prepared.

Mary has violated the B&P Code and the Penal Code and may have her PI license suspended immediately by the Dept of Consumer Affairs/BSIS.

Mary has not violated the law because the CA Penal Code §12403.5 specifically allows Private Investigators to carry tear gas (not guns) without taking a training course, as long as it is not concealed.

Mary may be issued a citation and a fine by BSIS for not taking the required BSIS teargas course in advance of carrying the weapon.

Mary has violated the B&P Code and the Penal Code because she has not taken any training courses for the tear gas weapon she carries openly on her belt. This violation may result in the suspension of her PI license by the Dept of Consumer Affairs/BSIS.

Explanation

Mary has violated the B&P Code and the Penal Code because she has not taken any training courses for the tear gas weapon she carries openly on her belt. This violation may result in the suspension of her PI license by the Dept of Consumer Affairs/BSIS.