California Private Investigator
Examination with Practice Questions And
Correct Answers (
1. A licensed California private investigator is hired by a defense attorney to locate a
witness. The investigator obtains the witness's unlisted cell number by falsely
identifying himself as a hospital employee to the witness's relative. Under California
law, which best characterizes this conduct?
A. Permissible because the investigator was acting under attorney direction and the
information was material to a criminal defense.
B. Permissible because pretexting is allowed for licensed investigators when no financial
records are involved.
C. Prohibited because obtaining personal information by false pretenses violates
California's Investigative Consumer Reporting Agencies Act and PPC § 1798.83.
D. Prohibited because the investigator's deception constituted impersonation of a medical
professional, a misdemeanor under Business and Professions Code § 7523, and likely
violated privacy statutes.
Answer: D. Prohibited because the investigator's deception constituted impersonation
of a medical professional, a misdemeanor under Business and Professions Code §
7523, and likely violated privacy statutes.
Rationale: Business and Professions Code § 7523 prohibits licensed investigators from
impersonating a peace officer, medical professional, or other public official. While
pretexting is sometimes lawful, impersonating a medical professional is specifically
unlawful. Options A and B overlook this statutory prohibition; C misapplies ICRAA, which
governs consumer reports, not general pretexting.
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,2. A private investigator is conducting surveillance on a subject in a public park. The
investigator uses a zoom lens to photograph the subject through the window of the
subject's parked car. The subject has a reasonable expectation of privacy inside the
car. Which legal principle most directly governs the admissibility of these
photographs?
A. The Fourth Amendment exclusionary rule, because the investigator acted as a state
agent.
B. California's Invasion of Privacy Act (Penal Code § 630 et seq.), which prohibits
eavesdropping on confidential communications.
C. The common law tort of intrusion upon seclusion, which may render the evidence
inadmissible in civil proceedings if the intrusion was highly offensive.
D. The Stored Communications Act, because the photographs were stored digitally.
Answer: C. The common law tort of intrusion upon seclusion, which may render the
evidence inadmissible in civil proceedings if the intrusion was highly offensive.
Rationale: The common law tort of intrusion upon seclusion applies when a person
intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another in
a private place. Photographing through a car window where the subject has a reasonable
expectation of privacy may constitute such an intrusion and affect admissibility in civil
cases. The Fourth Amendment generally does not apply to private actors; the Invasion of
Privacy Act addresses communications, not visual surveillance; and the SCA governs
stored electronic communications, not photographs.
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,3. A private investigator is retained by a landlord to investigate a tenant's suspected
subletting in violation of a lease. The investigator obtains the tenant's utility records
by submitting a written request signed by the landlord. Under California Public
Utilities Commission rules and the California Constitution, this action is:
A. Lawful because the landlord has a legitimate business interest as the property owner.
B. Lawful because the investigator is licensed and the records are relevant to a civil
dispute.
C. Unlawful unless the investigator obtains a subpoena or the tenant's written consent,
because utility records are protected by the right to privacy.
D. Unlawful because only law enforcement may obtain utility records.
Answer: C. Unlawful unless the investigator obtains a subpoena or the tenant's written
consent, because utility records are protected by the right to privacy.
Rationale: California Constitution Article I, § 1 protects a right to privacy, and Public
Utilities Commission regulations (e.g., D.97-10-016) restrict disclosure of customer utility
usage without consent or legal compulsion. A landlord's business interest or an
investigator's license does not override this; a subpoena or tenant consent is required. Law
enforcement is not the only entity that may obtain such records with proper legal process.
4. An investigator is hired to serve legal process in California. The investigator is not a
registered process server. Which statement best describes the legal requirements for
service of process by a private investigator?
A. Any licensed private investigator may serve process without additional registration.
B. A private investigator must register as a process server with the county clerk in each
county where service is performed, unless exempt.
C. Service of process is a judicial function that cannot be performed by private
investigators.
D. A private investigator may serve process only if deputized by the sheriff.
Answer: B. A private investigator must register as a process server with the county
clerk in each county where service is performed, unless exempt.
Rationale: California Business and Professions Code § 22350 et seq. requires process
servers to register with the county clerk in each county where they serve process, with
limited exemptions. A private investigator license alone does not authorize service of
process. Deputization is not required, and service of process is not exclusively a judicial
function.
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Examination with Practice Questions And
Correct Answers (
1. A licensed California private investigator is hired by a defense attorney to locate a
witness. The investigator obtains the witness's unlisted cell number by falsely
identifying himself as a hospital employee to the witness's relative. Under California
law, which best characterizes this conduct?
A. Permissible because the investigator was acting under attorney direction and the
information was material to a criminal defense.
B. Permissible because pretexting is allowed for licensed investigators when no financial
records are involved.
C. Prohibited because obtaining personal information by false pretenses violates
California's Investigative Consumer Reporting Agencies Act and PPC § 1798.83.
D. Prohibited because the investigator's deception constituted impersonation of a medical
professional, a misdemeanor under Business and Professions Code § 7523, and likely
violated privacy statutes.
Answer: D. Prohibited because the investigator's deception constituted impersonation
of a medical professional, a misdemeanor under Business and Professions Code §
7523, and likely violated privacy statutes.
Rationale: Business and Professions Code § 7523 prohibits licensed investigators from
impersonating a peace officer, medical professional, or other public official. While
pretexting is sometimes lawful, impersonating a medical professional is specifically
unlawful. Options A and B overlook this statutory prohibition; C misapplies ICRAA, which
governs consumer reports, not general pretexting.
Page 1 of 91
,2. A private investigator is conducting surveillance on a subject in a public park. The
investigator uses a zoom lens to photograph the subject through the window of the
subject's parked car. The subject has a reasonable expectation of privacy inside the
car. Which legal principle most directly governs the admissibility of these
photographs?
A. The Fourth Amendment exclusionary rule, because the investigator acted as a state
agent.
B. California's Invasion of Privacy Act (Penal Code § 630 et seq.), which prohibits
eavesdropping on confidential communications.
C. The common law tort of intrusion upon seclusion, which may render the evidence
inadmissible in civil proceedings if the intrusion was highly offensive.
D. The Stored Communications Act, because the photographs were stored digitally.
Answer: C. The common law tort of intrusion upon seclusion, which may render the
evidence inadmissible in civil proceedings if the intrusion was highly offensive.
Rationale: The common law tort of intrusion upon seclusion applies when a person
intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another in
a private place. Photographing through a car window where the subject has a reasonable
expectation of privacy may constitute such an intrusion and affect admissibility in civil
cases. The Fourth Amendment generally does not apply to private actors; the Invasion of
Privacy Act addresses communications, not visual surveillance; and the SCA governs
stored electronic communications, not photographs.
Page 2 of 91
,3. A private investigator is retained by a landlord to investigate a tenant's suspected
subletting in violation of a lease. The investigator obtains the tenant's utility records
by submitting a written request signed by the landlord. Under California Public
Utilities Commission rules and the California Constitution, this action is:
A. Lawful because the landlord has a legitimate business interest as the property owner.
B. Lawful because the investigator is licensed and the records are relevant to a civil
dispute.
C. Unlawful unless the investigator obtains a subpoena or the tenant's written consent,
because utility records are protected by the right to privacy.
D. Unlawful because only law enforcement may obtain utility records.
Answer: C. Unlawful unless the investigator obtains a subpoena or the tenant's written
consent, because utility records are protected by the right to privacy.
Rationale: California Constitution Article I, § 1 protects a right to privacy, and Public
Utilities Commission regulations (e.g., D.97-10-016) restrict disclosure of customer utility
usage without consent or legal compulsion. A landlord's business interest or an
investigator's license does not override this; a subpoena or tenant consent is required. Law
enforcement is not the only entity that may obtain such records with proper legal process.
4. An investigator is hired to serve legal process in California. The investigator is not a
registered process server. Which statement best describes the legal requirements for
service of process by a private investigator?
A. Any licensed private investigator may serve process without additional registration.
B. A private investigator must register as a process server with the county clerk in each
county where service is performed, unless exempt.
C. Service of process is a judicial function that cannot be performed by private
investigators.
D. A private investigator may serve process only if deputized by the sheriff.
Answer: B. A private investigator must register as a process server with the county
clerk in each county where service is performed, unless exempt.
Rationale: California Business and Professions Code § 22350 et seq. requires process
servers to register with the county clerk in each county where they serve process, with
limited exemptions. A private investigator license alone does not authorize service of
process. Deputization is not required, and service of process is not exclusively a judicial
function.
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