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NEW QUESTION: 1
In the statement below, fill in the blank:
Law enforcement agencies must get a warrant to search and seize an individual's property, as stated in the _____ Amendment.
A. First.
B. Fourth.
C. Third.
D. Second.
Answer: B
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.
All other choices were only detractors.
Reference(s) used for this question:
Harris, Shon (2012-10-25). CISSP All-in-One Exam Guide, 6th Edition (p. 1057). McGraw-Hill.
Kindle Edition.
NEW QUESTION: 2
A. Option A
B. Option D
C. Option B
D. Option C
Answer: C
NEW QUESTION: 3
Which two actions can be taken with FileWatcher? (Choose two.)
A. purge data from the repository
B. alert the user when there is an error
C. load a new configuration file
D. create a new repository
Answer: C,D
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