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as intangible objects that can also be stolen or disclosed via technological means.
• The primary reason for the chain of custody of evidence is to ensure that it
will be admissible in court by showing it was properly controlled and handled
before being presented in court.
• Companies should develop their own incident response team, which is made
up of people from management, IT, legal, human resources, public relations,
security, and other key areas of the organization.
• Hearsay evidence is secondhand and usually not admissible in court.
• To be admissible in court, business records have to be made and collected
in the normal course of business, not specially generated for a case in court.
Business records can easily be hearsay if there is no firsthand proof of their
accuracy and reliability.
• The life cycle of evidence includes the identification and collection of the
evidence, and its storage, preservation, transportation, presentation in court,
and return to the owner. ch10.indd 912 12/4/2009 11:39:14 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 Chapter 10: Legal, Regulations, Compliance, and Investigations 913
• Collection of computer evidence is a very complex and detail-oriented task.
Only skilled people should attempt it; otherwise, evidence can be ruined
• When looking for suspects, it is important to consider the motive,
opportunity, and means (MOM).
• For evidence to be admissible in court, it needs to be relevant, sufficient, and
• Evidence must be legally permissible, meaning it was seized legally and the
chain of custody was not broken.
• In many jurisdictions, law enforcement agencies must obtain a warrant to
search and seize an individual’s property, as stated in the Fourth Amendment.
Private citizens are not required to protect the Fourth Amendment rights of
others unless acting as a police agent.
• Enticement is the act of luring an intruder and is legal. Entrapment induces a
crime, tricks a pers...
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- Fall '12