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POLICE SEIZURE OF CHATTELS - FOURTH AMENDMENT IMPLICATIONS AND PROCEDURAL: ADULT ABUSE, NEGLECT AND EXPLOITATION

NCJ Number
141841
Journal
Crime to Court: Police Officer's Handbook Dated: (March 1993) Pages: complete issue
Author(s)
J C Coleman
Date Published
1993
Length
25 pages
Annotation
These articles examine a U.S. Supreme Court decision defining police legal limitations related to search and seizure of a mobile home, summarizes several other recent judicial decisions concerning search and seizure, and discusses abuse of elderly persons and other adults and reasons why this abuse is often not reported.
Abstract
The case of Soldal v. Cook County involved the removal of a tenant's trailer home by the owner of a mobile home park without an eviction notice but with the knowledge and presence of deputy sheriffs. The Court of Appeals held that the removal did not constitute a seizure because it did not invade the Soldals' privacy. However, in December 1992, the Supreme Court reversed, holding that physically tearing the home from its foundation and towing it to another lot constituted a seizure within the meaning of the Fourth Amendment. Other recent decisions relate to the plain view doctrine, a seizure not made in connection with law enforcement activity, and other issues. The definitions of abuse of the elderly include physical abuse, psychological abuse, neglect, and exploitation. Despite growing attention and reported, this problem remains hidden because it occurs in homes and victims are often reluctant to report relatives. Photographs and multiple-choice questions