Unformatted text preview: urth Amendment does not apply to actions by private citizens unless they are acting
as police agents. So, for example, if Kristy’s boss warned all employees that the management could remove files from their computers at any time, and her boss was not a police officer or acting as a police agent, she could not successfully claim that her Fourth
Amendment rights were violated. Kristy’s boss may have violated some specific privacy
laws, but he did not violate Kristy’s Fourth Amendment rights.
In some circumstances, a law enforcement agent may seize evidence that is not included in the warrant, such as if the suspect tries to destroy the evidence. In other words,
if there is an impending possibility that evidence might be destroyed, law enforcement
may quickly seize the evidence to prevent its destruction. This is referred to as exigent
circumstances, and a judge will later decide whether the seizure was proper and legal ch10.indd
ch10.indd 901 12/4/2009 11:39:13 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 CISSP All-in-One Exam Guide 902
before allowing the evidence to be admitted. For example, if a police officer had a search
warrant that allowed him to search a suspect’s living room but no other rooms, and then
he saw the suspect dumping cocaine down the toilet, the police officer could seize the
cocaine even though it was in a room not covered under his search warrant.
After evidence is gathered, the chain of custody needs to be enacted and enforced to
make sure the evidence’s integrity is not compromised.
A thin line exists between enticement and entrapment when it comes to capturing
a suspect’s actions. Enticement is legal and ethical, whereas entrapment is neither legal
nor ethical. In the world of computer crimes, a honeypot is always a good example to
show the difference between enticement and entrapment. Companies put systems in
their screened subnets that either emulate services that attackers usually like to take
advantage of or actually have the services enabled. The hope is that if an attacker breaks
into the company’s network,...
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