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

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

18
Q

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

A

No

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.

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.

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.

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.