Exam CISSP Topic 3 Question 307 Discussion

Explanation/Reference:
Explanation:
The Fourth Amendment does not apply to a seizure or an arrest by private citizens.
Search and seizure activities can get tricky depending on what is being searched for and where. For example, American citizens are protected by the Fourth Amendment against unlawful search and seizure, so law enforcement agencies must have probable cause and request a search warrant from a judge or court before conducting such a search. The actual search can only take place in the areas outlined by the warrant. The Fourth 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 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.
References: Harris, Shon (2012-10-25). CISSP All-in-One Exam Guide, 6th Edition (p. 1057). McGraw- Hill. Kindle Edition.