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Louisiana Private Investigator Licensing Exam Questions With Complete Solutions 1-1 Under the Louisiana Private Investigator Law, the Louisiana State Board of Private Investigator Examiners (LSBPIE) is authorized to issue the following types of license(s): Correct Answers b. Apprentice, Individual, Agency, Journeyman 1-10 Each agency employing the services of a journeyman shall supervise the activities of the Journeyman in the same manner as an apprentice or individual license holder and _____. Correct Answers d. maintain and provide upon request of the journeyman or board, the total number of hours worked each year. 1-11 The board may refuse to issue or may suspend, revoke or impose a probationary period on any license issued by LSBPIE for good cause shown which shall include the following? Correct Answers e. Both a and b a. Conviction of a felony or entry of a plea of guilty or nolo contender to a felony charge under the laws of the United States or of any state. b. Deceit or perjury in obtaining any certificate or license under the P. I. Law. 1-12 The Louisiana State Board of Private Investigator Examiners is composed of _______ members. Correct Answers c. Seven members appointed by the governor
1-13 When the LSBPIE board meets, _____ members constitute a quorum for all purposes including the granting or issuance of licenses and the rulemaking and adjudicative functions of the board. Correct Answers b. Four 1-14 ______________ means the chief administrative officer of the board, according to RS 37:3503. Correct Answers a. Executive Director 1-15 Within _____ hours after receipt of the license certificate, the licensee shall cause the license certification to be posted and to be displayed at all times in a conspicuous place in the principal office of the licensee within the state. Correct Answers b. 72 hours 1-16 The licensee shall notify the board within _____ days of any changes in its officers, directors, or material change in information previously furnished or required to be furnished to the board, or of any occurrence which could reasonably be expected to affect the licensee's right to a license under this Chapter. Correct Answers e. 30 days 1-17 Under RS 37:3515, the board shall approve all training programs and all training required by the Louisiana Laws shall be administered by a licensee who: (1) is approved by the board; (2) meets the requirements of an applicant under RS 37:3507; and (3) _________________. Correct Answers c. has a minimum of three years supervisory experience with a contract investigator company or propriety investigator organization.
1-22 In addition to the requirements for licensing renewal set forth in RS 37:3517, applicants for licensing shall be required to submit certification to the board that the applicant for license renewal as not been ___________. The fee notice sent out for licensing shall contain this certification. Correct Answers e. convicted of a felony during the past year 1-23 An investigator shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation and except as stated in Subsection B of Section 709. Correct Answers a. True 1-24 The Private Investigator Rules and Regulation authorized by RS 37:3524 must be adopted by the Board in accordance with the Administrative Procedure Act and must be passed by a majority vote of the Louisiana Legislature. Correct Answers b. False House Commerce Committee, Senate Commerce, Consumer Protection, and International Affairs Committee. 1-25 An investigator who has formerly represented a client in a matter shall not thereafter: Correct Answers d. Both b and c b. represent another person in the same or a substantially related matter in which that person's interest are materially adverse to the interests of the former client unless the former client consents after consultation.
c. use information relating to the representation of the disadvantage of the former client except when the information derived from independent sources has become generally known. 1-26 Any licensed private investigator may voluntarily inform the board by mail of a substance abuse problem without adverse action taken by the board but the private investigator is subject to the board's recommendation to enter a substance abuse facility. Correct Answers a. True 1-27 Upon initial contact from a private citizen, a contract must be offered on all matters by the private investigator. Correct Answers b. False a contract MAY be offered on all matters 1-28 When a contract is offered by a private investigator to a client, the contract shall contain: Correct Answers a. schedule of fees to be charged; signature of client; signature of two witnesses; purpose and scope of investigation. name, address, phone # of investigative agency and of the private investigator responsible for the work; limitations and responsibility of agency and of client; date agreement was signed; made in duplicate; kept for 3 years 1-29 The LSBPIE board shall deny a private investigator license to an applicant who was not convicted of any felonies, but the applicant was convicted of a misdemeanor that is considered a crime of ________. Correct Answers d. moral turpitude
application, or __________. Correct Answers d. may be required to present himself for an interview for this purpose. 1-35 The board shall deny the application for a license if it finds that the applicant, or the qualifying agent or ________ have committed any of the following: violated any provision of this Chapter or the rules and regulations promulgated by the board; practiced fraud, deceit or misrepresentation; knowingly made a material misstatement in the application for a license; failed to meet the qualifications of this Chapter; convicted of a felony. Correct Answers c. any of the applicant's owners, partners or principal corporate officers 1-36 The board may not refuse to issue a license for good cause shown. Correct Answers b. False The board MAY 1-37 If a sale, assignment, transfer, merger, or consolidation of a business licensed under this chapter is completed, the purchaser, assignee, transferee, or surviving or new corporation, who is not already a licensee shall immediately apply for a license on a form prescribed by the board which shall include the general information required by the chapter. Correct Answers a. True 1-38 The registration cards issued by the board shall be valid for ___________________. Correct Answers a. one year 1-39 If a license is not renewed within __________ days after the expiration date, it shall be deemed to have lapsed and to be invalid. Correct Answers d. 30 days
1-4 What license types listed below must meet the minimum requirements by statute, complete the 40 hour training course and pass the exam prior to licensing? Correct Answers b. Individual and Agency 1-40 A ____________ vote of the board shall be required for the revocation of any license. Correct Answers c. majority 1-41 It shall not be unlawful for any private investigator knowingly to make any statement which would reasonably cause another person to believe that the private investigator functions as a sworn peace officer or other official of the state or of any of its political subdivision or an agency of the federal government. Correct Answers b. False 1-42 Under RS 37:3514, the board may refuse to renew a registration card and shall promptly notify the cardholder of its intent to refuse renewal and the cardholder within _____ days after receipt of such notice, may request a hearing on the refusal to renew the registration card. Correct Answers c. 15 days 1-43 No person shall make an application to the board as (a/an) _______ unless that person intends to maintain and does maintain that supervisory position on a regular full-time basis in a private investigative company. Correct Answers e. qualifying agent 1-44 A journeyman identification card shall have the words "______" printed on the face of the card. Correct Answers a. not an agency
10-11 When punishment may be confinement at hard labor, the defendant shall be tried by a jury composed of six jurors ____ of whom must concur to render a verdict. Correct Answers d. 6 10-12 A defendant charged with a capital offense punishable by death may knowingly and intelligently waive a trial by jury and elect to be tried by the judge. Correct Answers b. False - other than one punishable by death 10-13 The Fifth Amendment right to counsel attaches when _____. Correct Answers b. The offender is in custody and a custodian interrogation is being conducted by law enforcement. 10-14 The Sixth Amendment right to counsel attaches only ______. Correct Answers a. upon commencement of adversary judicial proceedings 10-15 Under R.S. 14:24 _____ are all persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission or directly or indirectly counsel or procurement of another to commit the crime. Correct Answers d. Principals 10-16 Under the Louisiana Criminal Code of Procedure art. 464, the _____ returned by the Grand Jury shall be a plain concise and definite written statement of the essential facts constituting the offense charged. It shall state for each count the official or customary citation of the statute which the defendant is alleged to have violated. Correct Answers d. indictment
10-17 The _____ is the physical component for conduct (either unlawful act or unlawful omission) of a crime. For example, the "guilty act" for theft is the taking of or unlawful control over property without the owner's consent. Correct Answers b. actus reus 10-18 The _____ is the state of mind that existed at the time the offender committed the wrongful deed. For example the state of mind for theft is the intent to deprive the rightful owner of the property. Correct Answers a. mens rea 10-19 When an overt act is committed with the intent to commit a crime but falls short of completing a crime, this is called ______. Correct Answers c. an attempt to commit a crime 10-2 In criminal matters, under R.S. 14:23 the parties are classified as principals and accessories after the fact. Correct Answers a. True 10-20 The Sixth Amendment Right to Council is _____ and can not be invoked once for all future prosecutions because the Sixth Amendment Right to Council is not triggered until the first proceedings before a court. Correct Answers b. offense specific 10-21 The general rule is that ______ of the law is not a defense to any criminal prosecution. Correct Answers b. ignorance 10-3 A criminal conspiracy is an agreement of two or more persons for the specific purpose of committing any crime and ______. Correct Answers a. An act in the furtherance of the
school grounds without proper authority did not bar the admission of surveillance videotape of school teacher on school grounds in civil action to recover for injuries sustained in an automobile collision. Correct Answers a. True 11-2 There are generally two types of surveillance ___ and _____. Correct Answers b. Mobile and fixed 11-3 In a Louisiana case, the Supreme Court held that absent special circumstances, defendant in possession of surveillance videotape of personal injury plaintiff is not entitled to depose plaintiff prior to disclosure. Correct Answers b. False - is entitled to depose plaintiff prior to disclosure 11-4 Surveillance videotapes obtained by the defendant are not admissible in court as impeachment evidence against an injured plaintiff. Correct Answers b. False- they are admissible in court because they prove to provide substantial evidence 12-1 Under the rules and regulations, Chapter 7, Section 707, "an investigator shall keep a client reasonably informed about the status of a matter, and must provide the client with a report of an investigation." Correct Answers b. False - "and must promptly comply with reasonable request for information" 12-2 The _____ standard provides a rule of evidence regarding the admissibility of expert witnesses' during US Federal legal proceedings. Correct Answers a. Daubert 12-3 A ____ statement is given under oath, such as an affidavit. Correct Answers e. sworn
12-4 Any person, even a non-party witness, is entitled to their own prior statement, no matter who took the statement. Correct Answers a. True 12-5 A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has ______ of the matter. Correct Answers c. Personal Knowledge 12-6 A lay witness and an expert witness may give testimony which includes their opinion or an inference based upon the facts of the case. Correct Answers b. False- a lay witness is restricted from giving an opinion or marking an inference that is
- based on first hand knowledge and
- is helpful in clarifying the testimony and determining facts. 13-1 Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. Correct Answers a. True 13-2 A _____ is a witness's out-of-court testimony that is reduced to writing, usually by a court reporter for later use in court or for discovery purposes. Correct Answers b. deposition 13-3 During a deposition, a deponent is administered an oath or affirmation before being questioned by the attorney who requested the deposition, and the deponent cannot be cross- examined during the deposition. Correct Answers b. False- a deponent can be cross-examined
14-11 The general rule is that authentication or identification is required before something, such as an item or statement, is admitted into _______. Correct Answers b. court 14-12 Hearsay testimony is never admissible in court. Correct Answers b. False 14-13 The ________ is the movement and location of real evidence and the history of those persons who had it in their custody, from the time it was obtained to the time it is presented in court. Correct Answers b. chain of custody 14-14 In civil cases, when attacking the credibility of a witness by evidence of crime for which he was convicted is not admissible if more than ______ years have passed since the date of the conviction. Correct Answers d. 10 years 14-2 ______ is evidence that is introduced as a substitute of the real item. Correct Answers a. Demonstrative 14-3 _______ is the actual item that is introduced in court, such as the actual gun used to commit a robbery. Correct Answers b. Real 14-4 The general rule of evidence states that character is not admissible in civil or criminal trials but there are three exceptions to the general rule. Correct Answers a. True 14-5 During and after the marriage, each spouse has a privilege to refuse to disclose, and to prevent the other spouse from
disclosing, confidential communications with the other spouse that transpired while they were husband and wife. However, the spousal confidential communications privilege is not applicable ____________________. Correct Answers d. a, b, c a. In a criminal case where one spouse is charged with a crime against the property or person of the other spouse or a child of either b. In a civil case that is brought by or on behalf of one spouse against the other spouse c. In interdiction or commitment proceedings as to either spouse 14-6 ______ is a special legal right, exemption or immunity granted to a person or class of persons; exception to a duty. Correct Answers c. Privilege 14-7 ______ simply refers to the procedure by which the credibility of a witness is challenged. Correct Answers c. Impeachment 14-8 In both criminal and civil cases, a witness may use any writing, object, or recording to refresh his memory while testifying. Correct Answers a. True 14-9 The hearsay rule does not include the following, even though the declarant is available as a witness: Correct Answers e. (all of the above) a. Present sense impression b. Excited utterance c. Statements for the purposes of medical treatment and medical diagnosis in connection with treatment d. reputation as to character
submits a request under the public records laws. Correct Answers b. False - concealed carry permits shall be held confidential and shall not be subject to any public records request nor shall the information be considered as a public record pursuant to R.S. 44:1 et seq. 16-12 According to Louisiana law, the minimum age to possess and transport a handgun unloaded and secured in a vehicle without any type of permit or license to carry firearms is _______. Correct Answers c. 17 16-13 Louisiana law provides that law-abiding citizens may transport and lawfully store firearms in a locked, privately owned motor vehicle in any parking lot, parking garage, or other designated parking area and that a public or private employer may restrict the transportation and storage of lawfully possessed firearms in their parking lot only if the employer also meets one of the following: (1) employer provides facilities for temporary storage of unloaded firearms or (2) __________. Correct Answers e. employer provides an alternative parking area reasonably close to the main parking area in which employee may transport and store their firearms. 16-2 In Louisiana, a person may carry a firearm openly without a permit into any places permitted under the law. Correct Answers a. True, LA is an open carry state 16-3 In 1975, the Louisiana Supreme Court held in State v. Fluker that the defendant wearing a gun in its holster on his hip was ______ of intentional concealment of a weapon. Correct Answers b. not guilty
16-4 With the permission of college administration, a college student may keep a firearm in their dorm room and can legally transport it back and forth to their vehicle from their dorm room. Correct Answers a. True 16-5 Any person who enters ________ is deemed to have consented to a reasonable search of his person for any firearm by a law enforcement officer or other person vested with police power, without a warrant. Correct Answers e. an alcohol beverage outlet 16-6 Federal law permits that a qualified or retired local, state or federal law enforcement officer who has photographic identification issued by their employing agency may carry a concealed firearm transported across state lines. Correct Answers a. True 16-7 The recent amendment to article I : 11 of the Louisiana Constitution declares that the right of each citizen to keep and bear arms is fundamental and shall not be abridged or infringed upon and any restriction on this right shall be subject to ______. Correct Answers e. strict scrutiny 16-8 Under Louisiana law, a homicide is justified when committed by a person lawfully inside a dwelling, against a person who has made an unlawful entry into the dwelling, and person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises. Correct Answers a. True
