Ch. 5: Authority Flashcards
(13 cards)
what special powers are generally granted to private investigators?
a) Law enforcement arrest powers
b) Authority to bypass laws during investigations
c) No special powers beyond those of any private person
d) Power to issue subpoenas
c) No special powers beyond those of any private person
What can your investigator license give you, despite not providing special legal powers?
a) Immunity from prosecution
b) Higher pay rate
c) Perceived “authority” for being in places where others might draw suspicion
d) Access to confidential information
c) Perceived “authority” for being in places where others might draw suspicion
According to the document, what is the arrest authority of a private investigator comparable to?
a) A law enforcement officer
b) A federal agent
c) Any other private person
d) A judge
c) Any other private person
What does Penal Code 837 state regarding a private person’s arrest authority?
a) Private persons can only arrest for felonies.
b) Private persons can arrest for public offenses committed or attempted in their presence.
c) Private persons have the same arrest powers as law enforcement.
d) Private persons cannot make arrests under any circumstances.
b) Private persons can arrest for public offenses committed or attempted in their presence.
What does the Powers of Arrest (POA) manual suggest private investigators should generally do when encountering a potential arrest situation?
a) Make an arrest immediately
b) Call law enforcement first, taking on an “observe and report” role
c) Negotiate with the suspect
d) Ignore the situation
b) Call law enforcement first, taking on an “observe and report” role
Why does the document recommend calling law enforcement even if a suspect might get away?
a) To avoid paperwork
b) To reduce insurance costs
c) Because private investigators may not have the same tools/weapons, resources, or immunity as law enforcement
d) Because it’s faster than making an arrest
c) Because private investigators may not have the same tools/weapons, resources, or immunity as law enforcement
What type of immunity do law enforcement officers have that private investigators do NOT have?
a) Absolute immunity
b) Qualified immunity for “good faith” arrests
c) Diplomatic immunity
d) Sovereign immunity
b) Qualified immunity for “good faith” arrests
According to the document, when are law enforcement officers less inclined to make an arrest?
a) When a felony crime is involved
b) When a violent crime is involved
c) When a misdemeanor crime is involved
d) When a federal crime is involved
c) When a misdemeanor crime is involved
What does the document say about your insurance policy and its restriction concerning a private person’s arrest?
a) It’s usually required
b) It may restrict your use of a private person’s arrest
c) It’s not related to arrests
d) It will always cover any arrest you make
b) It may restrict your use of a private person’s arrest
What will BSIS send to those becoming licensed private investigators in regards to arrest authority?
a) A badge
b) A certificate of arrest powers
c) A copy of the Powers of Arrest (POA) manual
d) An arrest warrant form
c) A copy of the Powers of Arrest (POA) manual
What “perceived authority” can a private investigator license provide?
a) The ability to issue subpoenas
b) The power to detain suspects indefinitely
c) Justification for being in places where others might be questioned
d) Legal immunity from prosecution
c) Justification for being in places where others might be questioned
Under what circumstances can a private person make an arrest, as stated in the document?
a) For any suspected crime
b) Only for federal offenses
c) For public offenses committed or attempted in their presence
d) Only with a warrant
Answer: c) For public offenses committed or attempted in their presence
What type of immunity do law enforcement officers have that private investigators generally lack?
a) Full immunity
b) Diplomatic immunity
c) Qualified immunity for “good faith” arrests
d) No immunity at all
c) Qualified immunity for “good faith” arrests
