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.
Second.
C.
Third.
D.
Fourth.
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.
Harris, Shon (2012-10-25). CISSP All-in-One Exam Guide, 6th Edition (p. 1057). McGraw- Hill.
Kindle Edition.