Ch. 1: Terms, Licensure, Formalities & Equipment Flashcards
What is roping?
It’s the private sector equivalent to entrapment.
What is entrapment?
It applies only to the government or private citizens working as government agents. / Entrapment is a criminal defense that occurs when a law enforcement agent or government official convinces someone to commit a crime that they would not have otherwise committed. It’s a defense because the defendant claims that they were coerced into committing the crime by the government official
What is the name of the unlawful practice when an investigator induces a subject to commit an act that the subject wouldn’t ordinarily commit?
Roping
What does BPC stand for?
Business & Professions Code
What is a contractor
Contractors work for themselves; payroll taxes are not deducted. Every contractor must have an investigator’s license.
True or False: Contractors are not employees of the private investigator agency
True
What is an employee?
A worker becomes an employee when you are responsible for withholding and deducting payroll taxes from their paycheck.
What is a licensee?
its the person, corporation, or partnership who owns the PI license.
What is another term for the licensee?
Private Investigator
What is a private investigator?
An investigator is an investigations license given to a single person, a partnership, or a corporation.
True or False: It’s possible for an unqualified person to own an investigator as long as there is a qualified manager associated with the license.
True
What is a qualified manager?
The person who operates the day to day activities of the PI business.
True or False: The QM is not required to obtain an investigator’s license. (Qualified manager)
False: The QM is the only person in the private investigator agency who needs to be qualified and pass the private investigator exam.
What are the requirements for becoming licensed as an investigator?
You have to be at least 18; You have to pass a background check; and possess one of the following qualifications: three years or six thousand hours of compensated experience work; or a law or police science degree plus two years of experience; or a degree in police science, criminal law, or justice and 2.5 years of experience.
What are the approved categories for experience?
A sworn law enforcement officer, military police officer, insurance adjustive, investigative reporter conducting primary investigations, an employee of a licensed private investigator or repossesser, arson investigator for a public fire impression agency, and trained and employed public defense investigator.
What is BPC7541.1(d)
Where the activities of employment of an applicant include those who qualify as bonafide experience as stated in this section and those who do not qualify, the director may, by delegation to the bureau, determine the portion that percentage of that experience that any applicant is entitled to credit.
When completing an application to become a PI, you must choose what type of ownership to claim.
Corporation, partnership, sole proprietor, or LLC.
True or False: If you change ownership, you don’t have to reapply
False: You have to reapply
True or False: The process will be delayed if your application contains typos or is not completely filled out.
True: It could be delayed three to four months
What is the certificate in support of experience, also known as?
The declaration must be completed by the declarant.
Who decided to start denying experience unless the certificate was signed by the qualified manager (QM)
In 2017, the BSIS started denying experience unless the certificate was signed by the qualified manager (QM)
What is a declarant?
The person who certifies or attests to the applicant’s experience. (you’re boss).
What are the options if your QM does not sign off on your certificate in supportive experience?
W2 forms, payroll docs, quarterly earnings, and retirement statements. Also, HR can sign off if you’re boss won’t.
What do you do after you complete you’re PI application
You get fingerprinted via a LiveScan machine and then attach the completed LiveScan form with the ATI number, passport photos, and the application fee to your application. Then, mail the application through USPS-certified mail. For your application fee, use a cashier’s check or money order.
What score do you need to pass the PI exam?
71%
How long can you retest after failing the exam?
Three to four weeks
If you’re doing business under a different name other than your name, you have to do what kind of a statement
DBA Statement (doing business as)
True or false: You need to get a business license in your business’s jurisdiction.
True: Some jurisdictions require commercial general liability and workers comp insurance. Others will require articles of corporation.
