harris 160217 8 cissp all in one exam guide 902

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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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