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Alabama Private Investigator Exam Prep
Questions with Accurate Answers
Alabama Private Investigation Regulatory Act correct answer Law section defines what a private investigator is in the state of Alabama. How many years of experience as a PI are required to sit on the APIB correct answer Five Years How many people sit on the APIB and how long are the terms? correct answer 8 and the terms are 4 years. Who appoints members to the APIB correct answer The governor (3), the Lt. Governor (1), the Speaker of the House (1), the AG (1), The state bar association (1) and the Alabama Private Investigators Association (1) What level of a criminal offence is it to act as a PI without a license? correct answer A Class A misdemeanor LPI stands for Licensed Private Investigator (T/F) correct answer T T/F An LPI has to provide an address to the APIB where his/her records are maintained. correct answer True APIB is an acronym for Alabama Private Investigations Board (T/F) correct answer T What is the penalty for making a false statement to the APIB during application? correct answer A fine up to $1000 and assessment of the maximum application fee. Where can the list of states that have PI reciprocity agreements with Alabama be found? correct answer APIB website
If a friend, who is not a LPI, helps you conduct surveillance, are you in violation of the APIA? correct answer Yes, you are in violation of the Alabama Private Investigation Act. Unlawfully entering or remaining in a dwelling is what level of offence under 13A-7-4? correct answer Class A Misdemeanor Criminal Trespass in the first Degree is a class C felony, T/F correct answer False, it is a class A misdemeanor Criminal trespass in the second degree is a? correct answer Class C misdemeanor T/F Criminal trespass in the second degree takes place is a person unlawfully and knowingly enters or remains in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders. correct answer True T/F Criminal trespass in the second degree takes place when a person unlawfully and knowingly is unlawfully in or upon premises. correct answer True T/F It is not unlawful to drive into a parking deck that is posted "employee parking only" or "tenants only". correct answer False, it is criminal trespass by motor vehicle. T/F Criminal Trespass by Motor Vehicle is committed if a person has been requested not to do so by a uniformed law enforcement officer or by a properly identified owner or authorized agent, parks of stands or drives a vehicle repeatedly through private property. correct answer True T/F A private investigator can be legally hired to follow someone with the intent to intimidate them or "wear them down"? correct answer False Can a private investigator legally conduct surveillance for a client if that client is under a restraining order protecting the target of the surveillance? correct answer No, that would be stalking in the 1st degree Stalking in the 1st degree is what level of offence? correct answer Class C Felony
T/F It is a Class B misdemeanor to divulging illegally obtained information. correct answer True T/F A person commits the crime of divulging illegally obtained information if he knowingly or recklessly uses or divulges information obtained through criminal eavesdropping or criminal surveillance. correct answer True Any person who, with knowledge that a statement is false or with reckless disregard of whether the statement is false or not, publishes or otherwise disseminates any accusation against a private citizen, not currently holding or running for public office, which falsely and maliciously imports the commission by such person of a felony or any other indictable offense involving moral turpitude shall be guilty of a Class B misdemeanor. What crime is this under Alabama Law? correct answer Defamation Conducting surveillance while trespassing in a private place is what offence? correct answer Criminal Surveillance which is a class B misdemeanor T/F Aggravated criminal surveillance, is criminal surveillance conducted for the purpose of sexual gratification. correct answer True If a declarant mistakenly believes a falsification to be immaterial, is this a defense against a charge of Perjury? correct answer No T/F Perjury in the 1st degree is a class C felony. correct answer Yes T/F A person commits the crime of perjury in the second degree when he swears with intent to mislead a public servant in the performance of his duty and his false statement is material to the action, proceeding or matter involved. Example - lying to a police officer who is acting in the performance of his duties. correct answer True, it is a class A misdemeanor T/F In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to Section 13A-10-104, the falsity of a statement may not be established by the uncorroborated testimony of a single witness. correct answer True T/F A person commits the crime of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of his duty, he makes or submits any written statement, which he
does not believe to be true, in an application for pecuniary or other benefit, or a record or report required by law to be submitted to any governmental agency. correct answer True Section 17 of the Alabama Private Investigation Act covers what? correct answer Expiration and renewal of license How long is an Alabama LPI license valid once issued? correct answer 2 years How many days does a renewal of license application have to be submitted prior to expiration of license? correct answer 60 days T/F Section 22 of the Alabama Private Investigation Act pertains to violations of the act and consequences. correct answer True Are many violations of the 34-25b of the APIA class A misdemeanors? correct answer Yes Does a LPI have a duty to report instances of child neglect and abuse to appropriate authorities? correct answer Yes Is someone who is part of a company, and involved in an internal investigation within that company, required to be a LPI? correct answer No Does an LPI have a continuing professional education requirement to be eligible for license renewal? correct answer Yes, 8 hours per year or 16 hours over 2 years Is there an ethics training requirement? correct answer 2 hours over 2 year period Is a duty of the APIB to establish standards of continuing professional education? correct answer Yes Is a list of LPIs available to the public through the Alabama Open Meetings Act? correct answer Yes
T/F Identity theft victims and military personnel have additional rights regarding pre-employment background checks. correct answer True T/F Investigative databases that Private Investigators have access to strictly prohibit the Investigator from using these databases for pre-employment purposes. correct answer True Where are bankruptcy records found? correct answer Federal Courthouse T/F TSCM stands for Technical Surveillance Countermeasures. correct answer True T/F By Alabama Law a Private Investigator is not required to report any suspected instances of child abuse or neglect to a local Law Enforcement agency or the department of human resources or both. correct answer False T/F It is not a violation if a LPI reveals information obtained for a client to another individual. correct answer False, unless required by law The monitored service of private investigation, which permits the private investigator to continue to provide inspection services pursuant to specified conditions as set forth by the Board. correct answer Probation Which of these is not a requirement for licensure as an LPI? correct answer At least 18 years of age T/F Malpractice as defined in the Administrative Code relevant to Professional Standards of Practice; includes but is not limited to recklessness, or excessive errors or omissions in the licensee's professional practice. correct answer True T/F The licensee shall be completely objective and truthful in all professional reports, statements, or testimony. He/she shall include all relevant and pertinent information in such reports, statements, or testimony. correct answer True
T/F The licensee shall not accept compensation (financial or otherwise) from more than one party for services on or relating to the same investigation, set of circumstances, court case, or issues unless all interested parties consent in writing after full disclosure by the licensee. correct answer True T/F The licensee shall avoid all known conflicts of interest with his/her employer or client, and shall promptly inform his/her employer or client of any business association, interest, or circumstance which could influence his/her judgment or the quality of his/her services. When such a conflict is unavoidable, the licensee shall forthwith disclose the circumstances to his/her employer or client. correct answer True T/F The licensee shall take reasonable steps to ascertain the existence of potential conflicts of interests among his/her employers and/or clients. A conflict exists when a private investigator, because of some personal interest, finds it difficult to devote himself/herself with loyalty and singleness of purpose to the best interest of his/her client or employer. correct answer True T/F No licensee shall contact or cause to be contacted any individual under investigation for the purpose of revealing confidential information to that individual. Any such contact with a subject being investigated, whether intentional or unintentional, shall be made a part of the investigative file of such case. correct answer True T/F The licensee, under certain circumstances, can knowingly associate with, or permit the use of his/her name or firm name in business venture by any persona or firm which he/she knows, or has reason to believe, is engaging in business or professional practice of a fraudulent or dishonest nature. correct answer False T/F The licensee, is permitted, under certain circumstances, to furnish any services in such a manner as to enable unlicensed persons to evade the licensure requirements of the Alabama Private Investigation Regulatory Act. correct answer False T/F The licensee shall not represent, identify, or suggest to anyone that they are associated with any law enforcement agency. correct answer True T/F The licensee shall not bill a client for services or expenses, which have not been provided or incurred. A complete and comprehensive itemized statement of services and expenses must be provided to the client upon request. correct answer True
T/F A person is exempt from licensure if they are an employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is performing duties related to his or her employment. correct answer True T/F a person is exempt from licensure if they are involved in the investigation of the internal affairs of a private business entity investigating a current or prospective employee. correct answer True T/F a person is exempt from licensure if they are only involved in physical surveillance in insurance fraud cases conducted from public property. correct answer False T/F An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is working under a contract for his or her services that his or her employer signed with a third party is exempt from the LPI license requirement. correct answer True T/F Any person or professional, including without limitation an attorney providing legal services, who is not primarily engaged in the business of private investigation, but who in conjunction with his or her business or profession may occasionally perform private investigation services is not exempt from the LPI license requirement. correct answer False T/F Any business or entity that is not primarily engaged in the business of private investigation is exempt from the LIP license requirement. correct answer True T/F A consumer-reporting agency as defined by the Federal Fair Credit Reporting Act. is exempted from the LPI license requirement. correct answer True T/F Any certified public accountant authorized to engage in the practice of public accountancy in this state or any entity licensed or otherwise permitted to engage in the practice of public accountancy in this state or the affiliated entities thereof is exempt from the LPI license requirement. correct answer True T/F, the following are exempt from the LPI license requirement: (a) An attorney-at-law in good standing and licensed to practice law;
(b) An employee of a single attorney or single law firm who is acting within the employee's scope of employment of the attorney or law firm; or (c) A consultant, accident reconstructionist, or forensic scientist when the person is retained by an attorney, insurance company representative, or appointed by a court to serve as an expert witness or to investigate, or to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific, or social science field. correct answer True Any individual engaged in any of the following is exempt from the LPI license requirement: (a) Computer or digital forensic services. (b) The acquisition, review, or analysis of digital or computer-based information for evidentiary or other purposes or to provide expert testimony before any court, Board, officer, or investigating committee. (c) Network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network. correct answer True T/F A subpoena is a an order or command from a judge or an officer of a court, or a government agency with legal authority to do so, that requires that a person appear at a certain place and time to give evidence, or to furnish records. correct answer True Is it a good idea to reunite adopted children with their birth parents if both parties do not agree? correct answer No Is proper training and liability insurance very important if you are providing personal protection services? correct answer Yes Is it permissible to climb a tree to obtain a view over a privacy fence to obtain a video recording of your subject? correct answer No, this is a 4th amendment violation Is it permissible to rent an apartment with a view into your target's backyard over his privacy fence if you don't need binoculars to see into the backyard - i.e. anyone in that apartment would be able to see into the yard over the fence with an unaided view? correct answer Yes Before taking an action, is it advisable to obtain a legal opinion if you have any doubts about the legality of the action? correct answer Yes
Which of these is a valid technique for locating a subject? correct answer All of these What types of records can be located at a county courthouse? correct answer All of these Bankruptcy records are available where? correct answer Federal District Courthouse PACER can be used to search for cases in the Federal Court System, T/F correct answer True Can an LPI get in trouble for pulling financial records for an unapproved purpose? correct answer Yes Are there good reasons for an LPI not to pull a credit report in a pre-martial background investigation? correct answer Yes, it will show up on the targets CR and it may be judged miss-use by the data base admin. What are you likely to find in a credit report correct answer All of these A credit header can be obtained on subjects through data brokers by LPIs. T/F correct answer True T/F A credit header contains; Name and previous names and aka, DOB, SSN, current and previous address and a listing of all open accounts held by the subject. correct answer False T/F Some of the info usually/sometimes included in a credit header includes: Current and previous employers, telephone numbers, and relatives. correct answer True T/F All data suppliers are pretty much equal with the same amount of coverage. correct answer False T/F Some data suppliers are stronger in one area of the country than others. correct answer True Proprietary data is? correct answer Information that is not public
Do credit bureaus normally sell their info directly to lawyers and LPIs? correct answer No The FCRA covers the release of credit information. correct answer True On occasion a LPI needs to obtain information covered by the FCRA. T/F correct answer True A date is included on a credit header, indicating the date that the info was collected and they are usually pretty current. T/F correct answer True Private data bases can provide the names and addresses of relatives and previous roommates of targets. T/F correct answer True Data in private data bases accessible by a LPI can contain proprietary data. T/F correct answer True T/F Some data brokers use illegal means to obtain protected information. An LPI in possession of this information can get in trouble for just having this info even thought they bought it from a data broke. (T/F) correct answer True Pretext is another word for a lie. (T/F) correct answer True Is using pretexts to obtain information illegal? correct answer Not for LPI's in most circumstances, but that may change. Is the use of a pretext to obtain certain financial and telephone records illegal? correct answer Yes T/F GSM stands for Global System for Mobile Communications. correct answer True T/F CMDA stands for Code Division Multiple Access. Most CMDA phones do not have sim cards. correct answer T
In what situation is it legal to place a GPS tracker on a vehicle in Alabama? correct answer If the device is placed with the permission of a person with an ownership interest in the vehicle.. Is it a good idea to rent a gps tracker to your client so that they can put it on a target vehicle? Choose best answer. correct answer No, you won't know what vehicle you are tracking and you may violate stalking laws. In a domestic case, if the husband is very difficult to follow and GPS is not an option, what is another valid technique. correct answer Follow the suspected girlfriend if known. In Alabama is it legal for a LPI to take trash from the street to look for evidence? correct answer Yes, as long as the container is not on private property and has been placed at the road for pickup. Is it legal to use pretexts to obtain someone's financial information? correct answer No, it is a violation of the Gramm-Leach-Bliley Act. Can a LPI legally obtain a client's spouses or partners' cell phone call detail records? correct answer No What types of records are most commonly helpful in infidelity cases? correct answer credit card charges and call detail records What type of private investigations have the most gray areas? correct answer family law Is Alabama a community property state (important re gps trackers)? correct answer No T/F The basic rule for placing covert or hidden cameras is - don't use them when a person has a reasonable expectation of privacy, such as bathrooms and bedrooms. correct answer T In what type of case as a LPI are you most likely to testify in court? correct answer Family law Is infidelity a bar to alimony in Alabama? correct answer No, but it can effect the amount set by the judge.
Do family law cases frequently also involve criminal infractions? correct answer Yes Does a LPI have a duty to report every criminal infraction they are aware of? correct answer No Is it a good idea to pick up a run-away teenager if you are by yourself? correct answer No, doing so could land you in big legal trouble. If you are going to transfer photos to a police department electronically, the best formats are GIF and JPEG (T/F) correct answer T Runaways should always be: correct answer Listed in NCIC by informing local police. A minor runaway should be reported to the police as soon as possible by the parents. (T/F) correct answer T Are parents of other teenagers known to the runaway a good recourse in such cases? correct answer Yes If you locate a teenage runaway what is a good next step? (best answer) correct answer Have local PD pick up the kid Is it likely that a client's cell phone is actually "bugged" or tapped? correct answer No, unless it is by law enforcement under a warrant. Is it likely that a client's home, car or office is "bugged"? correct answer Yes, it is common A combined microphone/transmitter used to capture conversations between people. correct answer A bug interception of a landline telephone correct answer phone tap
In a criminal defense case, is it important to walk through the crime scene, even if it is years after the event? correct answer Yes In a criminal defense case it is important to interview every witness possible, even those in prison or jail. (T/F) correct answer T Don't pay an informant or bail them out of jail until they have provided information. (T/F) correct answer T The major components of a pre-employment background check include: criminal records search, credit report, driving records, social security trace, educational verification (T/F) correct answer T A basic background check usually includes: criminal history, civil records search, previous employers, and personal references/contacts. (T/F) correct answer T You need name and DOB at a minimum to conduct a background search and a SSN is also preferred. (T/F) correct answer T What is the easiest way for an adoption to go bad? correct answer A parent shows up who claims they were easy to find if someone had performed due diligence to search. Many states require extensive search investigations in estate and adoption cases. (T/F) correct answer T In a diligent search an affidavit by the investigator is not necessary as long as a record of all of the investigative steps is maintained in the case file. (T/F) correct answer F If you are in Alabama and record a call across state lines you don't have to worry because Alabama is a one party consent state, and all that matters is where the call originates. (T/F) correct answer F What report format is used by many LPI's correct answer The FBI FD-
Original video and recordings should be maintained in the control of the investigator until needed for trial. Copies should be provided to the client. (T/F) correct answer T It is a good idea to take your report and to refer to your report in a deposition. (T/F) correct answer F If you need notes for a deposition, then take some notes, with the bare bones info. Do not take, or refer to your reports. correct answer T It is usually better to make an appointment with a witness ahead of time. (T/F) correct answer F If a LPI is working for an lawyer, the LPI's reports are considered to be part of the lawyer's work product. (T/F) correct answer T When contacted by a potential client, you don't need to ask right away if the client is represented by a lawyer. (T/F) correct answer F A deponent is a person being deposed (T/F) correct answer T The depth of field is the range of focus in the picture. (T/F) correct answer T A diligent search consists of specific steps often specified by state statute (T/F). correct answer T The lower the lux the more sensitive the camera is to light (T/F) correct answer T Permissible purpose refers to the legal purposes for obtaining a credit report under federal law. (T/F) correct answer T A social security trace is conducting data base searches by SSAN. (T/F) correct answer T A wild card is a data base search with only partial information such as partial names. (T/F) correct answer T
