NCJ Number
141971
Journal
Crime to Court, Police Officer's Handbook (April 1993) Pages: complete issue
Date Published
1992
Length
27 pages
Annotation
These two articles examine the law regarding police entry into a residence without a search warrant and the characteristics of elderly persons and other adults who are abused and of the abusing persons.
Abstract
In United States v. Butler, the police entered a residence due to the presence of a legitimate and significant threat to the health and safety of the arrestee in the form of broken glass on the ground near Butler's bare feet. An illegal shotgun was in plain sight in Butler's bedroom. The court upheld the entry, noting that taking Butler to the officers' vehicles without shoes would have posed a serious risk to his health. Other related decisions have upheld the seizure of illegal drugs in plain sight in a college dormitory if the campus police have the legal right to be where they can see them and certain cases in which the entry was to accompany a defendant who needed proper clothing. Factors associated with increased vulnerability to elder abuse include being female, older, dependent, a problem drinker, involved in intense intergenerational conflict, excessively loyal, a victim of past abuse, stoic, isolated, impaired, or provocative in behavior. Characteristics associated with high-risk caregivers include alcohol or other drug abuse, psychological or emotional impairments, inexperience in caregiving, financial problems, childhood victimization by child abuse, social isolation, stress, a blaming attitude, lack of understanding, and lack of sympathy for the problems of others. Families that lack support, are overcrowded, are isolated, that are experiencing financial pressures, and that are in conflict are also at risk for abuse. A timely and thorough investigation is the crucial element in intervening successfully in an abuse case.