Legal Issues in Conducting Investigations (CFE) Questions

Question 1

Which of the following BEST explains why an employer's ownership of a desk, locker, or computer does not by itself eliminate an employee's reasonable expectation of privacy in it?

Privacy turns on policy notice and actual use, not on title Privacy turns on the employee's subjective belief, apart from title Privacy rights attach to any item an employee uses each workday Ownership passes to the employee once personal files are stored

Correct Answer: Privacy turns on policy notice and actual use, not on title

Courts judge workplace privacy by whether the expectation is reasonable. That depends on the employer's policies and notice, such as written search or monitoring policies, and on actual practice, such as whether the employee had exclusive use, kept a private lock, or the employer had ever searched the area. Who holds legal title does not decide the question.
A purely subjective belief is not enough, because the expectation must be one that society recognizes as reasonable. Daily use alone does not create privacy rights where policy defeats them. Storing personal files never transfers ownership of employer property.
Key concept: reasonable expectation of privacy in the workplace, shaped by policy and practice rather than ownership.

Question 2

What is the primary purpose of an employer's written policy, acknowledged by employees, stating that company offices, desks, and computers are subject to search?

To establish employee consent that remains valid for any search method To reduce employees' reasonable expectation of privacy in the covered areas To authorize searches of employees' personal bags and private accounts To meet the probable cause standard required before any workplace search

Correct Answer: To reduce employees' reasonable expectation of privacy in the covered areas

A written, acknowledged policy that offices, desks, and computers may be searched reduces the reasonable expectation of privacy employees have in those areas, which helps the employer defend a later search against invasion-of-privacy claims.
Such a policy does not automatically extend to employees' personal bags or private accounts, where privacy expectations remain higher. Private employers are not bound by a probable cause standard; that is a Fourth Amendment concept for government searches. The policy is not blanket consent for any search method, because searches must still be reasonable in scope and manner.
Key concept: workplace search policies and employees' reasonable expectation of privacy.

Question 3

In the context of whistleblower legal protections, what does the term 'whistleblower' refer to?

A witness who testifies about suspected wrongdoing under a subpoena order An employee who admits own misconduct in exchange for lenient treatment A person who reports suspected wrongdoing to a party able to act on it An informant paid by investigators to gather evidence covertly

Correct Answer: A person who reports suspected wrongdoing to a party able to act on it

A whistleblower is someone, typically an employee or insider, who reports suspected fraud, illegal acts, or other wrongdoing to a person or body able to take corrective action, such as management, regulators, or law enforcement. Whistleblower protection laws shield such reporters from retaliation.
A paid informant gathering evidence covertly is working at the direction of investigators, not voluntarily disclosing misconduct. An employee who admits their own misconduct for leniency is a cooperating wrongdoer, not a reporter of others' wrongdoing. A witness testifying under subpoena is compelled to give testimony, while whistleblowing involves a voluntary disclosure.
Key concept: the definition of a whistleblower as a voluntary reporter of wrongdoing to a party that can act, which forms the basis for anti-retaliation protections.

Legal Issues in Conducting Investigations

CFE - Legal Issues in Conducting Investigations Example Questions

Question 1

Question 2

Question 3

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