Idaho State Statutes - Idaho Attorney Directory

(1) Upon receiving information
that a vulnerable adult is alleged to be abused, neglected, or exploited, the
commission or contractor shall cause such investigation to be made in
accordance with the provisions of this chapter as is appropriate. In making
the investigation, the commission or contractor shall use its own resources
and may enlist the cooperation of peace officers. In an emergency any
authorized commission employee or contractor shall enlist the cooperation of a
peace officer to ensure the safety of the vulnerable adult, and they shall
receive the peace officer's assistance. Assistance in an emergency may include
entry on private or public property where a vulnerable adult is allegedly
subject to abuse, neglect or exploitation, and the removal and transportation
of the vulnerable adult to a medical facility, care-providing facility, or
other appropriate and safe environment.
(2) In a nonemergency, any peace officer may cooperate with an authorized
commission employee or contractor in ensuring the safety of a vulnerable adult
who has been abused, neglected or exploited, including a vulnerable adult
living in a condition of self-neglect. Assistance shall only be provided with
the consent of the vulnerable adult or his legal representative.
(3) For the purposes of implementing or enforcing any provision of this
chapter or any rule authorized under the provisions of this chapter, any duly
authorized commission employee or contractor may, upon presentation of
appropriate credentials at any reasonable time, with consent or in an
emergency, enter upon any private or public property where a vulnerable adult
allegedly is subject to abuse, neglect, or exploitation.
(4) All inspections and searches conducted under the provisions of this
chapter shall be performed in conformity with the prohibitions against
unreasonable searches and seizures contained in the fourth amendment to the
constitution of the United States and article I, section 17, of the
constitution of the state of Idaho. The state shall not, under the authority
granted in this chapter, conduct warrantless administrative searches of
private property except with consent, or in an emergency.
(5) If consent to entry is not given, a commission employee or contractor
with the assistance of the county prosecutor may obtain, and any magistrate or
district judge is authorized to issue a search warrant upon showing that
probable cause exists to believe a vulnerable adult is subject to abuse,
neglect or exploitation. Upon request of a commission employee or contractor,
a peace officer shall serve the search warrant.

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