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Private Investigator Study > Ch. 2: Business & Professions Code > Flashcards

Ch. 2: Business & Professions Code Flashcards

1
Q

What does PIA mean?

A

Private Investigators Act

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2
Q

What does BSIS

A

Bureau of Security and Investigative Services

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3
Q

Generally, a private investigator is anyone who investigates for the purposes of obtaining information to what?

A

Crimes; People; Lost or Stolen property; Torts, Securing of evidence

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4
Q

What is it called when someone receives something of value given by both parties according to a contract?

A

Consideration

Clarification can abe a nominal amount or a promise to do sokmething of value. Example: A client agrees to pay an investigator in exchange for investigative services. Without consideration, the person doesn’t need to be an investigator to investigate.

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5
Q

Does an in-house investigator need an investigator’s license?

A

No

Once the in-house investigator is contracted by an outside company or person to investigate activities outside of the company they were orginally employed by, this investigator would need an investiator license.

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6
Q

What is an in-house investigator?

A

An in-house investigator is someone who works for one private employer and who investigates activities within the company.

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7
Q

True or False: Do attorneys and/or their investigators need an investigator license to perform any type of investigative duties?

A

False

Attorney’s and their investigators generally do not fall into the “approved” category of experience that counts toward licensure.

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8
Q

If you are required to have a private investigator’s license and you engage in employment as an investigator without a license, what could be the punishment?

A

1.) $5000 fine or
2.) Imprisonment in the county jail for no more than 1 year, or
3.) Both a fine of $5000 and imprisonment for one year in county jail, and
4.) Not being granted a license for 1 year

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9
Q

What is the punishment if you falsely represent yourself as an investigator without a license?

A

1.) $10000 fine or
2.) Imprisonment in the county jail for no more than on year
3.) Both a fine of $10000 and imprisonment in county jail
4.) Shall not be granted a license for one year.

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10
Q

What is PPO?

A

Private Patrol Operator

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11
Q

What is a Private Patrol Officer (PPO)?

A

A private patrol officer, also known as a “private security guard” or “street patrol officer,” is a person employed by a private security company to patrol and protect private property, deter criminal activity, and respond to incidents on behalf of a client, typically by conducting foot or vehicle patrols, monitoring security systems, and reporting suspicious activity to authorities when necessary

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12
Q

Is the Licensee responsible for their employees and agents?

A

Yes. Assuming the private investigator agency is owned by a separate person/entity other than the qualified manager, the licensee is also responsible for the branch manager’s or qualified manager’s good conduct.

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13
Q

True or False: You can use a name similar to that of a public officer or agency.

A

False; BPC mentions that we can’t use a name “so similar to that of a public officer or agency…that the public may be confused or misled thereby.”

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14
Q

Does BSIS have to approve your business name before you use it?

A

Yes, the name used must be the same as the one on file with BSIS, it cannot be similar to another name of a licensee, and it cannot appear similar to a local, state, or federal agency.

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15
Q

When an investigations agency changes ownership, how many days do they have to notify BSIS of the change?
A.) 45 days
B.) 60 days
C.) 30 days
D.) 15 days

A

C - 30 days

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16
Q

What must your advertising contain in accordance with BSIS?

A

L.A.N.
L - License Number
A - Address (or telephone number)
N - Name of Business

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17
Q

If a licensee decides to close their business location or move, how many days do they have to notify BSIS.

A

30 days

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18
Q

Can a QM operate an investigative company without a licensed private investigator

A

No

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19
Q

True or False: A family member can continue the business if the licensee passes away

A

True; Yes, they have to complete a written application to BSIS requesting to take over as the licensee within 30 days.

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20
Q

How many days can a family member continue the business in the event the licensee passes away

A

120 days, assuming the application was made promptly.

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21
Q

If a family member replaces a licensee who passes away, can they operate without a QM?

A

No; Without a QM the business cannot legally operate.

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22
Q

How many days can a private investigator run a business owning employees without a QM?

A

90 days and they have to show they’re actively looking for one.

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23
Q

If you’re interviewing someone for a client, such as a district attorney, and you find incriminating information or a crime, are you obligated to report the crime to anyone besides the attorney?

A

Unless required by law, you must never divulge information to anyone other than the client.

24
Q

What do you do if you find incriminating information on your client?

A

Unless you are required to produce the incriminating information through discovery, subpoena, or other court order, you are under no obligation to produce the information to the opposing party.

25
Q

What do you do if your client lies to you?

A

You can void the contract

26
Q

If an employee knowingly falsifies information during an investigation, what is he/she violating?

A

BPC
(Business & Professions Code)

27
Q

Can an employee submit an investigative report to the client without the QM’s authorization?

A

No

28
Q

Who can submit a completed report to a client if an investigator has employees?

A

Only the investigator (owner of the company)

29
Q

Are there any acceptions for an employee to submit an investigative report to a client without your QM’s approval

A

Yes, if a company is owned by someone else or an entity, the other owner can submit the report to the client.
Also, the owner can pre-authorize an employee to submit an investigative report.

30
Q

Before submitting the information to the client, what must be done with a report?

A

It must be verified that the facts and information contained in the report are true and accurate. A standard beyond mere proofreading.

31
Q

Who is responsible for the facts and information submitted in an investigative report given to a client?

A

The person who authorizes the report. (The owner, the QM)

32
Q

Is sending an email, memorandums, text messages, and instant messages of a report or information legitimate and/or official forms?

A

Yes, because they ar forms of a written report.

33
Q

Can investigators wear badges when performing interviews or other investigations to get someone to cooperate with them?

A

NO. You cannot wear a badge.

34
Q

False Impressions:

A

You cannot misrepresent your company in advertising, and you may never use a title, wear a uniform or insignia, use an identification card, or give someone the impression that you are affiliated with any form of government

35
Q

Can an employee use an identification card?

A

Yes, as long as it does not give anyone the impression they are licensed by the BSIS. (a private investigator)

36
Q

Can an investigator follow a subject into an apartment building that says residents only?

A

No, unless you are serving an unlawful process (ie, summons) for any other type of legal investigation

37
Q

Can Susie hire someone to do her advertising and tell them to do whatever they want?

A

No, Susie must be in control of her business at all times. By stating such specific instructions as “Do whatever you want,” she essentially has no control over their actions.

38
Q

If a person becomes injured in front of a PI, can the PI offer to investigate the cause of the injury and introduce themselves as a PI

A

No. They may not solicit employment directly from the person or their family. However, they may solicit their attorney, insurance company, adjuster, and employer.

39
Q

Can an investigator offer a reward to obtain clients?

A

No.

40
Q

Can an investigator change his name without the approval of BSIS?

A

No. The only name you an operate under, is the name BSIS approved.

41
Q

If you or your employer caused bodily injury to another person, how many days do you have to report the incident to the BSIS?

A

7 days

42
Q

Can a licensee or a QM carry a firearm?

A

Only if they have met the requirements and have in their possession a valid firearms qualification card.

43
Q

If an investigator carries a firearm or has employees carry firearms, what is the minimum insurance coverage you have to maintain

A

$1 million in insurance coverage - $500,000 for any one loss due to bodily injury or death and $500,000 for any one loss due to injury or destruction of property

44
Q

What must you have to carry a firearm as an investigator?

A

An exposed permit and a CCW permit

45
Q

Can your employees carry pepper spray, tear gas, or any other non-lethal chemical agent?

A

Yes, however, they must complete the certified course which can be done at any BSIS approved Firearms or Baton Training Facility.

46
Q

Licenses, certificates, and pocket cards expire how many years after the date of issuance?

A

Two years after the date of issuance

47
Q

What must you do to renew an unexpired license or certificate?

A

You must complet the appropriate renewal form and send in the required fee prior to or on the expiration date.

48
Q

How many years do you have to renew your expired license?

A

Three years. After three years have passed, you will have to reapply for a license again.

49
Q

What will happen to an investigator for falsely verifying the experience of hours for an employee

A

Suspension or revocation of private investigator license or license denial (if not already an investigator)

50
Q

What are some grounds for the denial, suspension, or revocation of a license?

A
  • Violating any portion of the PIA;
  • Conviction of a crime;
  • Impersonating any government employee;
  • Permitting your employees to commit any violation of the law or PIA;
  • Refusing to render private investigator services as agreed upon
  • Violating or encouraging another to violate a court order or administrative injunction against a business;
  • Possession of a deadly weapon or chemical agent without a permit;
  • Maliciously providing contact information about a juror to the defendant in a criminal case;
  • Failure to obey a child support order or judgment;
  • Using a different name other than what BSIS has on file.
  • If acting as a runner or capper for an attorney.
51
Q

How many days must you notify BSIS of an address change

A

You must notify BSIS of an address change within 30 days

52
Q

For a period of how many years must you keep an applicant’s file at the principal place of business

A

Two years with a record of

  • Name
  • Address
  • Starting date of employment
  • Ending date of employment
  • Position
  • Payroll data
53
Q

How long of a period do you have to keep a file on the applicant at it’s principal location.

A

Two years

54
Q

How long does an employer need to keep personnel records

A

Three years

55
Q

When is a report due to a client?

A

Upon payment, unless other arrangements were made

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