NCJ Number
168697
Journal
Crime to Court Police Officers' Handbook Dated: (March 1997) Pages: complete issue
Date Published
1997
Length
12 pages
Annotation
After examining the implications for police practice of a Federal court's ruling regarding the seizure of things not listed in a search warrant, this paper discusses issues in police dealing with elderly victims of abuse.
Abstract
In United States v. Wells (U.S. Fourth Circuit Court of Appeals), agents of the U.S. Secret Service executed a search of Kevin Michael Wells' apartment pursuant to a warrant that authorized a search for evidence relating to Federal bank fraud offenses. After the agents entered the apartment, they handcuffed Wells and began searching for the items described in the warrant. while doing so, one of the agents discovered a loaded firearm on the headboard of Wells' bed. Following established Secret Service procedures, the agent unloaded the weapon and replaced it on the headboard; he also advised the other officers in the apartment that he had located a weapon. Upon learning of this discovery, the agent responsible for supervising the search ordered the firearm seized as evidence. Although the warrant did not list weapons among the items to be seized as evidence of bank fraud, a criminal records review by the supervising agent prior to the search indicated that Wells had a prior felony conviction; the weapon, therefore, was evidence of a violation. Although the agent who actually seized the weapon pursuant to the supervising agent's instructions had no personal knowledge that Wells was a convicted felon, it is sufficient that the agents collectively had probable cause to believe the weapon was evidence of a crime at the time of the seizure. As a result, the incriminating nature of the firearm was immediately apparent. The court, therefore, held that the seizure of the firearm was proper under the plain- view doctrine. The discussion of police procedures for dealing with elderly victims focuses on the importance of police being trained to distinguish between cases of abuse and those of neglect of the elderly. It is only under the most serious of circumstances (life-threatening) that the officer is able to intervene. Otherwise, cases that involve suspected elderly abuse or neglect must be referred to the Department of Social Service for investigation. Also, police should be aware that elderly Alzheimer's victims can mistakenly be identified as under the influence of alcohol or drugs.