Animal Cruelty Investigations - A Collaborative Approach From Victim To Verdict™

Table of Contents
Cover
Series Page
Animal Cruelty Investigations: A Collaborative Approach from
Victim to Verdict™
Copyright Page
List of Contributors
Editors
Contributors
Preface
Acknowledgments
General Acknowledgments
Linda Fielder’s Acknowledgments
Emily Lewis’ Acknowledgments
Dr. Kris Otteman’s Acknowledgments
About the Companion Website
1 Introduction
1.1 Making the Most of This Resource
1.2 Why De initions Are Important
1.3 Terms and Phrases: Animal Cruelty Cases
1.4 Terms and Phrases: Veterinary Medicine
1.5 Terms and Phrases: Law Enforcement and Field Services
1.6 Terms and Phrases: Criminal Law
1.7 Looking Ahead
References
2 Animal Basics
2.1 The History of the Five Freedoms and Their Impact on
Animal Welfare Laws
2.2 Veterinarians as Experts in the Field
2.3 With So Many Species, Where to Begin?
2.4 De ining Animals by Category
2.5 Animal Basics by Species
2.6 Basics That Apply to All Animals
2.7 Putting Your Basic Knowledge to Work
References
3 Fundamentals of All Cases
3.1 Interdisciplinary Roles
3.2 Environment
3.3 Sanitation
3.4 Food and Water
3.5 Nutrition
3.6 Documentation
3.7 Body Condition
3.8 Documenting Body Condition
3.9 Dental, Foot, and Hoof Care
3.10 Veterinary Care, Medications, and Treatment
3.11 Nonaccidental Injury and Trauma
3.12 The Link Between Animal Cruelty and Crimes Against
Humans
3.13 Emergency Issues
References
4 Initial Investigation and Assessment
4.1 Types of Reports
4.2 Anonymous Reports
4.3 Required Information
4.4 Response Triage
4.5 Legitimate or Not? How to Decide
4.6 Responding to Calls: Initial Site Visit
5 Witness and Subject Interviewing
5.1 Preparation for the Interview
5.2 Interview Location and Setting
5.3 Miranda and Consent
5.4 Building Rapport
5.5 Ask Clear and Direct Open-Ended Questions
5.6 Suspect Interviews
5.7 Reading Body Language and Detecting Deception
5.8 Confessions
5.9 Ending the Interview
5.10 Documenting the Interview
5.11 Additional Resources and Training
References
6 The Veterinarian's Role in Animal Cruelty Investigations
6.1 The Veterinarian is an Important Partner in Animal
Cruelty Investigations
6.2 The Veterinarian's Oath
6.3 How Veterinary Forensics Differs from Traditional
Veterinary Medicine
6.4 Veterinary Con identiality and Medical Records Requests
6.5 Public Information Considerations
6.6 Con licts of Interest
6.7 Be Familiar with the Laws
6.8 How to Find and Build Knowledge in the Area of Animal
Law
6.9 Understand What the Prosecutor and Law Enforcement
Need to Know
6.10 How Animal Cruelty Investigations Surface and Become
Active Cases
References
7 The Veterinary Exam and Treatment Plan
7.1 Request and Review Evidentiary Material
7.2 Initial Steps
7.3 Examination Key Elements
References
8 Setting Expectations and Monitoring Compliance
8.1 Education and Guidance vs. Citation
8.2 Passive Neglect and Lack of Resources
8.3 Education
8.4 Setting Expectations
8.5 What You Can and Cannot Require
8.6 Conducting Rechecks
8.7 What If Nothing Improves or Conditions Worsen?
8.8 What About Animal Hoarders?
References
9 Search Warrants and Seizures
9.1 Exceptions to the Warrant Requirement in Animal Cruelty
Cases
9.2 Prewarrant Considerations
9.3 Drafting of the Af idavit and Search Warrant
9.4 Before You Serve the Warrant
9.5 Preservice Brie ing
9.6 Serving the Warrant
9.7 Start Documenting the Scene
9.8 System for Evidence Documentation and Processing
9.9 Processing the Animals
9.10 Forms
9.11 Discovering Evidence of Other Crimes
9.12 The First 24 Hours After the Search Warrant Execution
References
10 Evidence Collection
10.1 What is Evidence?
10.2 How Evidence in Animal Cruelty Cases Differs from
Traditional Property Crimes
10.3 How to Package the Evidence
10.4 What to Do with Evidence Until Trial
10.5 Evidence at Trial
10.6 Evidence After Trial
References
11 Veterinary Forensic Necropsy
11.1 How a Forensic Necropsy is Different
11.2 The Importance of the Forensic Necropsy
11.3 Necropsy at the Owner's Request
11.4 Packaging and Storing Remains Prior to Necropsy
11.5 Forensic Necropsy Equipment and Protocols
11.6 Case History
11.7 Preparing to Perform the Necropsy
11.8 The Necropsy Report
11.9 Next Steps
11.10 An Important Reminder
References
12 Report Writing
12.1 Introduction
12.2 General Principles
12.3 Crime Report
12.4 Veterinarian Reports
12.5 Witness Statements
12.6 The Case Packet
12.7 Conclusion
13 Protective Custody (Live Animals)
13.1 The Challenge of Live Animal Evidence
13.2 The First 24 Hours
13.3 Know Your Agency's Capacity
13.4 Facility Set-Up and Security
13.5 Training Staff and Con identiality
13.6 Paperwork and Record Keeping
13.7 Providing Security Without Isolation
13.8 Foster Care and Offsite Boarding
13.9 Routine and Emergency Veterinary Care
13.10 Death in Care and Euthanasia Considerations
13.11 Offspring Born in Care
13.12 Conclusion
References
14 Media and Fundraising
14.1 Media Coverage
14.2 Handling Negative Press
14.3 Internal Communications Policy
14.4 Fundraising
References
15 Forfeiture, Surrender, and Related Legal Remedies
15.1 Seized Animals and Reasonable Minimum Care
15.2 The Impact of Seizure Expenses – and Responsive
Solutions
15.3 Voluntary Relinquishment
15.4 The Seized Animal as Contraband
15.5 Preconviction Forfeiture
15.6 Preconviction Forfeiture: Bond-or-Forfeit Statutes
15.7 Bond-or-Forfeit Statute Examples
15.8 Bond-or-Forfeit Statutes Are Constitutionally Compliant
15.9 Restitution
15.10 Forfeiture via Sentencing
15.11 Cost-of-Care Liens
15.12 Conclusion
References
16 Trial
16.1 Trials: An Overview
16.2 The Players
16.3 How a Typical Criminal Case Gets to Trial
16.4 Pretrial Matters
16.5 The Trial
16.6 Topics for Prosecutors
16.7 Conclusion
Introduction to the Appendix
Appendix A
Appendices B–D
Appendix A: Speci ic Case Protocols
Case: Failure to Provide Veterinary Care
Resources and References
Case: Emaciation, Starvation
Case: Animal Hoarding
Case: Substandard Breeding or Rescue Operation
Case: Blunt Force Trauma: Victim Dies
Case: Blunt Force Trauma: Victim Lives
Case: Sharp Force Injuries
Case: Gunshot Wounds
Case: Mutilated or Skinned Animal
Case: Burned Animal: Victim Dies
Case: Burned Animal: Victim Lives
Case: Sexual Assault of An Animal
Case: Drowning
Case: Poisoning
Case: Heat Stroke/Hyperthermia
Case: Cock ighting
Case: Dog ighting
Appendix B: Forms and Checklists
Minimum Care Checklist
Multi-Animal Site Visit Report
On Scene Habitat Evaluation
Large Animal Premises Inspection Report
Action Notice
Animal Cruelty Case Consent to Search Form
Animal Cruelty Case Relinquishment Form
Medical Exam Equipment Checklist
Veterinary Forensic Exam Form
Game Cock Physical Evaluation Form
Necropsy Exam Notes Form
Animal Observation Chart (Appetite, Elimination, and Weight)
Live Evidence Tracking Form
Live Animal Evidence Tracking Continuation Page
Nonliving Evidence Tracking Form
Nonliving Evidence Tracking Continuation Page
Crime Scene Access Log
Crime Scene Processing Roles and Responsibilities
Evidence Placard
Evidence Transport Inventory and Tracker
Transport Vehicle Log
Case Animal Intake Checklist
Af idavit and Search Warrant Drafting Checklist
Crime Scene Processing Supply List
Camera Log
Property in Custody and Evidence Receipt
Case Submission Checklist
Case Submission Inventory
Case Timeline
Witness List
Costs-of-Care Lien Foreclosure Checklist
Example Forfeiture Hearing Checklist
Appendix C: Templates and Agreements
Memorandum of Understanding Template
Communications–Media Policy Template
Con identiality Agreement
Protective Custody Foster Care Agreement
Sample Veterinary Clinic Reporting Policy/Protocol
Summary Vet Report
Scene Processing Witness Report
Animal Cruelty Af idavit Template
Animal Cruelty Search Warrant Template
Animal Cruelty Warrant Return Template
Bill of Sale and Relinquishment of Animal Ownership
Template
Forfeiture Petition Template
Forfeiture Order Template
Lien Foreclosure Notice Document Template
Sample Newspaper Notice Ad Template for Lien Foreclosure
Script Template for Lien Foreclosure Sale
Notice Letter of Future Discovery Template
Restitution Cover Letter Template
Restitution Waiver Template
Request for Live Animal Evidence Disposition Template
Appendix D: Resources
Investigations Triage Matrix (Example)
Guidance for Compliance/Recheck Planning
Animal Cruelty Case Field Operations Structure
Animal Crime Scene Processing Roles
Outline for Conducting Search Warrant Brie ing
Evidence in Animal Cruelty Cases
Examples of on Scene Veterinary Assessments
Language Options for Adoption Contracts
State Evidence Retention and Disposition Rules
Resource List: Grants for Animal Cruelty Case Work
Index
End User License Agreement
List of Illustrations
Chapter 2
Figure 2.1 Feed requirements for cattle and other hoofstock
can be calculate...
Figure 2.2 Community cats may be tame or unsocialized and
often live in colo...
Figure 2.3 Tight collars may become embedded in an animal's
skin causing pai...
Figure 2.4 Angora rabbits require regular grooming to prevent
matting of the...
Figure 2.5 Captive birds may develop feather picking
behaviors owing to stre...
Figure 2.6 Inadequate lighting and heat in reptile enclosures
can lead to sk...
Figure 2.7 Animals in a weakened or debilitated state require
veterinary car...
Chapter 3
Figure 3.1 The shelter pictured here does little to provide
protection from ...
Figure 3.2 The multiple wounds and abscesses on the dog in
this photo can be...
Figure 3.3 Contaminated food and water pose health risks to
animals.
Figure 3.4 Animals require additional feed and calories when
pregnant or nur...
Figure 3.5 Documentation of the environment through
accurate notes, photogra...
Figure 3.6 Photos should accurately represent the animal's
body condition....
Figure 3.7 Many animals, such as the pot-bellied pig in this
photo, require ...
Figure 3.8 Examine medication closely for prescription
information, expirati...
Figure 3.9 There is a well-established link between animal
abuse and other v...
Chapter 4
Figure 4.1 Many reports concern animals living in inadequate
conditions that...
Figure 4.2 The number of cats in this window offers a glimpse
into condition...
Figure 4.3 Notices should be easy to read and posted in a
conspicuous place....
Figure 4.4 Understand what the laws in your state specify
about providing em...
Chapter 6
Figure 6.1 The veterinarian’s role includes evaluation of the
behavioral and...
Figure 6.2 The forensic veterinarian’s role includes examining
physical evid...
Figure 6.3 Evaluating overall animal husbandry and access to
veterinary care...
Figure 6.4 Veterinarians assist in ruling in or out the reported
causes of i...
Chapter 7
Figure 7.1 Evaluating photos of animals and their
environment is an essentia...
Figure 7.2 Thorough and well-documented examination of all
evidence is the f...
Figure 7.3 Take multiple views of signi icant indings. In this
case the dog...
Figure 7.4 This photo clearly depicts how loose the dog’s
collar has become ...
Figure 7.5 Far-range photos demonstrate the overall location
and scale of a ...
Figure 7.6 Mid-range photos provide context and detail.
Figure 7.7 Close-up photos reveal details that are not visible in
other view...
Figure 7.8 Collect multiple views when photographing
animals. This photograp...
Figure 7.9 The aerial view of this dog clear demonstrates her
emaciated cond...
Figure 7.10 Radiographs reveal unsuspected indings that are
relevant, such ...
Figure 7.11 Hands-on body condition scoring is a valuable tool
for most spec...
Figure 7.12 Evidence gathered from feet or claws can contain
important detai...
Figure 7.13 Approach selection of additional diagnostic tests
ef iciently....
Figure 7.14 Radiographic density as demonstrated via
imaging may illustrate ...
Chapter 8
Figure 8.1 Many cases can be resolved through education and
compliance monit...
Figure 8.2 Subsidized programs that provide spay/neuter and
veterinary care ...
Figure 8.3 Compliance notices are a useful way to
communicate instructions f...
Figure 8.4 Animal hoarding cases are complex, resource
intensive, and best a...
Figure 8.5 Animal hoarding cases may involve any species or
variety of speci...
Chapter 9
Figure 9.1 Photos incorporated directly into the body of your
af idavit help...
Figure 9.2 Depending on the size of the property, using an
aerial map instea...
Figure 9.3 Once this identi ier is attached, each photo or video
series take...
Figure 9.4 Identifying the animal and including the habitat in
the photo pro...
Figure 9.5 Using a habitat evaluation form ensures that the
scene processing...
Chapter 10
Figure 10.1 When investigating a rescue, collecting paperwork
like this help...
Figure 10.2 (a and b) Connecting ulcerated feet to a urine-
soaked enclosure,...
Figure 10.3 (a–e) All of these areas may contain animal
remains or other evi...
Figure 10.4 This enclosure, and several others like it, were
discovered in a...
Figure 10.5 In hoarding cases locating and capturing animals
can be complica...
Figure 10.6 Laboratories have speci ic requirements for feed
submission. Be ...
Figure 10.7 (a and b) The dog in this case was assigned the
unique evidence ...
Figure 10.8 (a–f) Some animals can easily be connected with
their evidence I...
Figure 10.9 (a and b) The gray rabbit in the cage can be
viewed in the envir...
Figure 10.10 This dog's posture and demeanor provided the
veterinarian in th...
Figure 10.11 (a–h) In this series of photos the location is
clearly marked w...
Figure 10.12 (a) The evidence placard associated with this cat
was photograp...
Figure 10.13 This form tracks the chain of custody for a live
animal. Every ...
Figure 10.14 It can be easier to track chain of custody and
monitor a popula...
Figure 10.15 Attaching the evidence placard to the end of this
pole permitte...
Chapter 11
Figure 11.1 When possible, identify and train an assistant
ahead of time. In...
Figure 11.2 Supplies and equipment found in the animal's
environment provide...
Figure 11.3 These medications discovered on scene support
the probability th...
Figure 11.4 Start taking photographs upon receipt of the
remains and continu...
Figure 11.5 Collect far, mid, and close-uprange photos in
sequence to show a...
Figure 11.6 Photos verify important procedures and
demonstrate chain of cust...
Figure 11.7 Use photography to illustrate and document
speci ic indings. In...
Figure 11.8 Hemorrhage into skin, tissues under the skin, and
muscle results...
Figure 11.9 Full-body imaging provides the examiner with
information about t...
Figure 11.10 The use of a linear object can help trace the
trajectory of pen...
Figure 11.11 Describe and photograph the appearance of
wound margins and ass...
Figure 11.12 Collect measurements of wound dimensions
prior to disrupting th...
Figure 11.13 (a–c) The shape and appearance of wounds from
thermal and chemi...
Chapter 12
Figure 12.1 The circles were added to this radiograph in the
veterinarian's ...
Chapter 13
Figure 13.1 Protective Custody begins when the animal is
removed from the sc...
Figure 13.2 Critical evidence is discovered during the initial
veterinary ex...
Figure 13.3 In this photo, a secure warehouse is being
prepared for the inta...
Figure 13.4 Shelter staff and volunteers must be trained on
important aspect...
Chapter 15
Figure 15.1 A simpli ied depiction of the bond-or-forfeit
process in Oregon....
Figure 15.2 A simpli ied depiction of the bond-or-forfeit
process in Washing...
Cover photo:
Abraham was one of 149 dogs seized in a large-scale animal neglect
case in Oregon requiring strong inter-disciplinary collaboration. After
gaining 20 pounds (25% of his body weight), Abe, as he came to be
known, found his forever home in Oregon. The plight of the animal
victims in that case prompted signi icant strengthening of Oregon’s
animal protection laws.
Animal Cruelty Investigations: A
Collaborative Approach from Victim to
Verdict™
Edited by
Kris Otteman
DVM, Diplomate ABVP Shelter Medicine Practice, CAWA
Courtesy Faculty Carlson College of Veterinary Medicine, Oregon State
University, USA
Linda Fielder
CAWA
Animal Legal Defense Fund, Cotati, CA, USA
Emily Lewis
JD, MSEL
Animal Legal Defense Fund, Cotati, CA, USA
This irst edition irst published 2022
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List of Contributors
Editors
Linda Fielder, CAWA
Animal Legal Defense Fund
Cotati, CA
USA
Emily Lewis, JD, MSEL
Cotati, CA
USA
Dr. Kris Otteman, DVM, Diplomate ABVP Shelter Medicine Practice,
CAWA
Courtesy Faculty Carlson College of Veterinary Medicine,
Oregon State University
USA
Contributors
Dr. Zarah Hedge, DVM, MHP, DACVPM, DABVP
Shelter Medicine Practice
San Diego, CA
USA
Jake Kamins, JD
State of Oregon Animal Cruelty Deputy District Attorney
Corvallis, OR
USA
David B. Rosengard, JD, LLM
Managing Attorney, Animal Legal Defense Fund
Adjunct Professor of Animal Law, Lewis & Clark Law School
Cotati, CA
USA
Preface
The authors have worked together to promote the investigation and
prosecution of crimes against animals for over a decade. We have put
our best efforts forward in hoarding cases that made the national news
and cases of anonymous animal victims with no known owner,
witnesses, or suspect. Despite our ierce dedication to the cause, there
were moments, months, even years, that led to frustration, tested our
fortitude, and pushed the boundaries of our tolerance for impediments.
It is in those moments that we garnered the information and
experience that we share with you in this book. We have faced many
challenges in working on these cases and realized over time that our
most successful responses were born out of a collaboration of
disciplines and expertise. Not one of us could have approached our
work in this ield alone and we do not expect that from our readers.
Use the information in this book to empower you and your agency to
respond to animal cruelty with con idence and integrity. Animal cruelty
casework is dif icult, particularly if you do not have the resources,
support, and expertise you need. Let this book help identify those gaps
in your jurisdiction and guide a solution regardless of the magnitude of
the perceived roadblocks.
Confronting and addressing animal cruelty is important. If for no other
reason than it is against the law in every state. That aside, animal abuse
is a violent crime and to think the cycle of violence begins or ends with
animals would be naive. The safety of your community is directly
related to how seriously you take animal cruelty allegations. In our
years of work on these cases, the frequency with which mental illness
correlated to maltreatment of animals became glaringly evident. More
often than not, the owner of a neglected animal needed community
resources as much as the victim animal. Failing to adequately respond
to neglected animals in your jurisdiction simultaneously ignores
individuals who are struggling with mental health issues. Finally,
animals are sentient beings, made vulnerable by their inability to put
words to their experiences. They rely on veterinarians, ield of icers,
and prosecutors to speak on their behalf with equal advocacy as any
victim would receive.
After years in the ield, each of us can recall a case that we wish had
turned out differently for the animal or humans involved. For any one of
you who can name that animal cruelty case, the one that keeps you up
at night, the one you wish had turned out differently, the one you
learned from, the one that simply did not seem fair, this book was born
out of that indignation and the drive to facilitate justice in honor of
those victims who never found it and future victims who deserve it.
Acknowledgments
General Acknowledgments
Writing this book was an exercise in perseverance and teamwork.
Having worked together closely for many years, we consider ourselves
masters of teamwork. As for perseverance, we’ve learned that a bend in
the road is not the end of the road, and we are grateful to be continuing
this journey together. We relied on each other throughout this process,
but our thanks goes out to the people who kept us organized,
contributed their expertise, and offered genuine feedback. Thank you to
contributing authors Dr. Zarah Hedge, Jake Kamins, Esq., and David
Rosengard, Esq. Each of you brings a deep well of experience and
insight to this text. Thank you to Anika Moje for reviewing our work
with a keen eye for detail, keeping us on task, and providing support
and constant encouragement. Thank you to Kathleen Wood, Esq., for
repeatedly lending your vast expertise on state law nuances and Conor
Lamkin for your extensive legal research assistance. Our appreciation
goes out to Scott Heiser, Esq. and Michelle Welch, Esq., for their
contributions to the Speci ic Case Protocols. Thank you to Nichole
Waldner for editing and formatting our manuscript, Jacqui Monahan for
designing our graphics and templates, and to Merryl Le Roux, Erica
Judisch, and Wiley Publishing for guiding us through the submission
and publishing process. Thank you to the Oregon Humane Society for
the use of case materials and photographs throughout this text.
Linda Fielder’s Acknowledgments

This book was created not only by the authors and contributors, but by
every individual who worked alongside us responding to animal cruelty
cases. The members of the Humane Investigations and Medical teams at
the Oregon Humane Society were a committed, talented, compassionate
group I considered family. We sweated inside Tyvek suits and
maneuvered through crime scenes stacked with garbage, mired in mud,
and illed with treacherous hazards both living and inanimate. We
worked together through long days and beyond exhaustion. Never
satis ied with doing just enough, my colleagues helped support the
mindset of constant learning and always inding ways to do better,
always for the animals.
In the ield of animal cruelty investigations, having a support network
outside the organization or agency is critical to one’s mental health and
stamina. I am fortunate to have a chosen family of friends who made
sure to check in when the work became heavy, both in the ield and
during the challenges of writing this manuscript. Finally, I owe a debt of
gratitude to the experts who have contributed to the ield of veterinary
forensic medicine and whose texts I carried with me to the exam room,
kept on the bedside table, and recommended to anyone who wanted to
learn more about the science behind animal cruelty investigations. This
book is intended to support those excellent works that came before it.
Emily Lewis’ Acknowledgments

Many years ago, the Criminal Justice Program at the Animal Legal
Defense Fund graciously allowed me to volunteer as a recent college
graduate, adrift in the world with a degree but no speci ic direction,
save my compassion for animals. That position opened my eyes both to
the horri ic crimes perpetrated against animals and the network of
remarkable professionals committed to seeking justice on their behalf. I
had found my path.
In the years that followed, lawyers, professors, veterinarians, and
animal welfare professionals whom I held in the highest esteem became
mentors and eventually colleagues. I will never be able to adequately
convey the level of gratitude I have for the individuals who created
opportunities and then mentored me on the path of this career that has
enriched my life in so many ways. This book is a testament to your
leadership, guidance, and inspiration. Thank you for constantly raising
the bar and never doubting my ability to meet it.
To my most wonderful, supportive family and amazing loyal friends,
thank you for being the counterbalance to the heaviness of this work
and shining a light on those days when the world can seem full of
shadows. You are the constant reminder that there is good in the world
and have always fueled my sustained optimism that it is worth ighting
for that good.
Sentiments of gratitude cannot come without also acknowledging the
motivation behind this work. To the individuals involved in animal
cruelty cases – once or every day – who are open to unique
partnerships and willing to rely on them, who value the insight of
experts, and who use their experiences to teach others: you are
inspiring, you make a difference, you are both the reason for this book
and the answer for the animals.
Dr. Kris Otteman’s Acknowledgments

Working in a local veterinary practice in the early years of my career, I
encountered animals who had suffered cruelty, however during this
time, laws were not in place that recognized these crimes or offered any
legal consequences on behalf of the animal victim. As the ields of
veterinary medicine, animal welfare, and animal protection laws have
grown and aligned in recent years, the resulting synergy has been
incredible to witness. The tangible bene its to the animals and the
people in our communities through teamwork, compassion, education,
and emerging science have profoundly changed the world for the better.
The Oregon Humane Society provided the mission and the resources
necessary for us to contribute to the incredible evolution of humane
investigations in the United States through practical example and
teaching others. I am eternally grateful to all the amazing people who
made this possible. Every action certainly in luences others and I am
grateful for the opportunity to be a positive force and example that
propels this ield forward.
Thank you to my father, Dr. Richard H. Otteman, for inspiring me to
never stop learning and to have the courage to make a difference even
in the face of fear or uncertainty.
To my ever encouraging and best critic, my husband Jeff, thank you for
supporting this effort to put into writing the passion and energy my co-
authors and I have for collaboration in the ight against animal cruelty.
Your sage advice and wisdom sustain me.
To the social workers, law enforcement, prosecutors, animal control
and animal welfare workers, veterinarians, and veterinary staff who
give of their time, talents, and treasure to act and continue this
momentum – thank you and do not tire. It is my hope that this book is a
thank you to all my colleagues who have paved the way and an
encouragement to all who may begin or choose to continue this journey
of truly making reverence for life a reality for all creatures great and
small.
About the Companion Website
This book is accompanied by a companion website:
www.wiley.com/go/otteman/victimtoverdict
The website includes:

Appendix A–Speci ic Case Protocols
Appendix B–Forms and Checklists
Appendix C–Templates and Agreements
Appendix D–Resources
1
Introduction
Emily Lewis
All 50 states now criminalize cruelty to animals in one way or another.

With animals as live evidence unable to put words to their suffering or
the criminal act perpetrated upon them, attaining justice for victim
animals is conditional on the successful collaboration of veterinarians,
law enforcement, and prosecutors. Not only do these cases require each
of these disciplines to understand and execute their role with precision
in order to be successful, but they must also understand the duty,
constraints, and capabilities of each other in the context of an animal
cruelty case. The laws may differ between states in nuanced ways, but
the foundation of a thorough and fair animal cruelty investigation
remains relatively static across state lines. This book provides a
multidisciplinary guide to building that foundation in every case.
1.1 Making the Most of This Resource

1.1.1 How to Use This Book
Whether you are working in the ield or training members of your
community, this book can be a valuable resource. It is written to be
equally comprehensible across disciplines and experience levels. It can
function as a guide for ield of icers to use when actively responding to
reports of animal cruelty, while also providing forms and templates
ready for use in the ield. It can provide clarity to veterinary staff at a
community clinic on what to do when they are presented with a
suspected victim of animal cruelty. Seasoned and novice prosecutors
can reference this book upon assignment of an animal cruelty case to
understand the players and nuances of such cases.
The book is written and organized in a way that facilitates its use as a
quick, situational reference source or as a comprehensive manual
suited for ield work or a classroom setting.
1.1.2 Roadmap
The chapters are ordered to follow the typical trajectory of an
escalating criminal animal cruelty case. Before addressing the
investigation aspect of these cases, the book irst emphasizes the
importance of a preliminary understanding of the subject matter of the
investigation, found in Chapter 2. From there, the chapters discuss the
various phases and components of a thorough investigation, starting
with the baseline expectations for each case assessment (Chapter 3)
through execution of a search warrant and evidence collection
(Chapters 9 and 10). The inal third of the book discusses the phases of
a case that typically occur after the initial investigation and/or search
warrant execution (Chapter 11, 12, and 13), concluding with remedies
for animal ownership and trial (Chapters 15 and 16).
Acknowledging that differing animal cruelty offenses present unique
hallmarks or challenges, Appendix A: Speci ic Case Protocols is
included as a quick reference source. This appendix is organized by the
nature of the crime or injury and provides in-the-moment advice and
reminders speci ic to that type of animal cruelty case, while cross-
referencing recommended forms, checklists, agreements, templates,
and resources provided in Appendices B–D.
1.2 Why Definitions Are Important

Endeavoring to impart knowledge of the expectations and challenges
posed to multiple professional disciplines involved in animal cruelty
investigations begins with a foundation in relevant terminology. The
words used by veterinarians, ield of icers, and prosecutors alike can
have far-reaching implications in an animal cruelty case. This in and of
itself is a compelling reason to discuss verbiage. Beyond that
motivation, we acknowledge that states, agencies, and individuals are
going to have their own nuanced de inition of words and concepts
frequently referenced in this book. There are venues to delve into those
nuances and make the case as to why one de inition may be better than
another, but this book is not that venue. The overarching concepts
behind these terms and phrases should be relatively consistent across
states and disciplines and the way this book uses them should be easily
adapted to the way you, your organization, or your state uses those
words. Do not let semantics detract from the fundamentals imparted in
the chapters that follow.
1.3 Terms and Phrases: Animal Cruelty

Cases
Each state uses different verbiage to craft its cruelty laws, but across
the board there are certain concepts found in every state's animal
protection laws. These are important concepts and de initions to
understand and will be continually referenced throughout this book.
1.3.1 Animal
At irst impression, it would seem that “animal” could be easily de ined,
but in reality, states struggle with how to categorize this noun in the
context of their criminal code. Some states list what are considered
“animals” in that state [1, 2]. Other states de ine the term by saying
what it is not [3, 4]. Other states choose a more succinct de inition and
simply say an animal is de ined as a nonhuman animal [5]. And some
states choose to take the opportunity to narrow the de inition beyond
what one would typically interpret to be an “animal” [6, 7]. For the
purposes of this book, we are discussing animal species who are subject
to your state's animal cruelty laws.
1.3.2 Active Animal Cruelty

An individual (or corporation) can commit what has been identi ied as
“active animal cruelty.” These are acts that are decisive, acute, and done
with intention. The mental states typically associated with this type of
animal cruelty are malicious, intentional, purposeful, and knowing.
Examples of statutes that would it under this category are aggravated
animal abuse, aggravated cruelty to animals, torture, and sexual assault
of an animal. Throughout this book, unless a speci ic crime is being
referenced, the phrase “animal abuse” will be used to indicate active
animal cruelty.
1.3.3 Passive Animal Cruelty
All states criminalize certain types of “passive animal cruelty.” This can
be identi ied when the inaction of an individual (or corporation) causes
undue suffering to an animal. Reckless and criminally negligent are the
mental states often connected with these types of crimes, though
inaction of an individual can also be intentional or knowingly done.
Examples of statutes that would it under this category are those that
require the provision of minimum care (food, water, shelter, veterinary
care) to animals. Throughout this book, unless a speci ic crime is being
referenced, the phrase “animal neglect” will be used to indicate passive
animal cruelty.
1.3.4 Good Animal Husbandry

In the context of animal cruelty work, the phrase “good animal
husbandry” needs to be distinguished from the phrase “accepted
animal husbandry practices.” The latter is a phrase frequently used
when exempting certain agricultural and food production practices
from the animal cruelty laws in a state. The former colloquially refers to
providing species-appropriate care to an animal in one's custody and
can provide the basis for minimum care standards in a state.
1.3.5 Mandatory Reporting

Across many professional disciplines, particularly those likely to
encounter vulnerable populations, there exists a duty to report certain
actions, statements, observations, or suspicions to law enforcement.
The ield of animal welfare is no different. Lawyers and police of icers
working in this ield are mandatory reporters of child and elder abuse.
Social workers and human services employees are also mandatory
reporters of child abuse. Veterinarians in many states1 are mandatory
reporters of animal cruelty. Being a mandatory reporter means you
must report, it is not optional, and it is not transferable; not reporting
could result in disciplinary action.
By passing laws requiring animal control of icers to report suspected
child abuse or permitting social service employees to report suspected
animal cruelty, states are promoting cross-reporting. If there is one
vulnerable entity being victimized, other vulnerable populations in the
situation are at risk of also being victimized; cross-reporting ensures
that this likelihood is not overlooked.
1.4 Terms and Phrases: Veterinary Medicine

1.4.1 Acute
Refers to a condition or situation that has occurred very recently. Acute
conditions may become chronic health concerns.
1.4.2 Bright, Alert, and Responsive (BAR)

“Bright, Alert, and Responsive” is an acronym veterinarians use to
indicate an animal's presentation is normal.
1.4.3 Blunt Force Trauma

An injury or group of injuries caused by tissue impacting or colliding
with a blunt object.
1.4.4 Body Condition Score (BCS)

A quantitative, yet subjective, method for evaluating body fat and
overall condition using a standardized numbering system. There are
various BCS scoring charts available for reference that are species
speci ic. When you are assigning an animal a BCS using a chart for
reference, be sure to include the name of the chart you are referencing
and words from the description associated with the BCS you are
assigning to the animal.
1.4.5 CBC/Chemistry
Stands for complete blood count and blood chemistry panel. These are
blood tests veterinarians may order in furtherance of the diagnostic
phase of an exam or to evaluate the overall health status and well-being
of an animal.
1.4.6 Chronic
Refers to a condition or situation that is persistent or reoccurring
having not occurred very recently (hours or days).
1.4.7 Easy Keeper

A term used to refer to a livestock animal who maintains a normal body
weight on a relatively modest or average amount of feed.
1.4.8 Lividity
An unnatural coloration of the skin, caused by luid leakage within the
tissues; can be useful in determining the positioning of a body at the
time of death and whether a body was moved after death.
1.4.9 Necropsy
An autopsy performed on a deceased animal.
1.4.10 Nonaccidental Injury or Death

Injury or death that has been deliberately in licted.
1.4.11 PE
An acronym for “physical exam.”
1.4.12 Predation
The hunting or scavenging of an animal or animal remains by another
animal for food. Victims of predation are often mistaken for victims of
animal cruelty perpetrated by humans. There are certain hallmarks of
predation that veterinarians can use to distinguish between those
scenarios (see Chapter 11).
1.4.13 Radiographs
Radiograph means X-ray.
1.4.14 Rigor
The result of chemical changes in the body that cause stiffening and
contraction of the joints and muscles; occurs one to six hours after
death.
1.4.15 Subjective, Objective, Assessment, and Plan

(SOAP) Note
SOAP is a standardized method of documentation within an animal's
medical record.
1.4.16 Stereotypic Behavior

Abnormal behaviors seen in animals con ined and deprived of
environmental enrichment (i.e. circling, pacing, self-mutilation).
1.4.17 Unremarkable
Used when describing results that are normal or where nothing out of
the ordinary has been found.
1.4.18 Veterinary Forensics

The collection of data from an animal and related materials that can be
used for the investigation of animal abuse, neglect, or nonaccidental
death.
1.5 Terms and Phrases: Law Enforcement

and Field Services
1.5.1 Affidavit
Generally speaking, a sworn statement. Also, the supporting document
of a search warrant request that outlines the probable cause motivating
the warrant request.
1.5.2 Chain of Custody

The documentation that tracks a piece of evidence and who it comes
into contact with, from where it was found at the scene of a crime to the
point it is being offered as evidence of that crime.
1.5.3 Citation
An of icial notice of a violation of state law generated by someone with
authority to enforce those laws (i.e. law enforcement).
1.5.4 Civilian
Any individual who is not a sworn peace of icer.
1.5.5 Custodial
In the criminal context, when a person is in the custody of a state
agency and cannot leave of their own free will. Custody can be de ined
as literal physical custody (i.e. in handcuffs or in prison) or constructive
custody, which occurs when the circumstances of an interaction with a
representative from a state agency are such that the individual does not
feel they are free to leave.
1.5.6 Evidence
Statements, objects, or information that indicates an alleged fact is
more likely or less likely to be true [8].
1.5.7 Interview
The questioning of a witness or a suspect in furtherance of an
investigation.
1.5.8 Miranda
A series of warnings/rights that must be stated verbally and/or in
writing to a person who is in the custody of an individual acting on
behalf of the state or the federal government before the person is asked
any questions about their involvement in a situation under criminal
investigation [9].
1.5.9 Officer Safety

A term used to refer to the topics of policies, procedures, and trainings
employed by law enforcement agencies in order to best protect their
agents in the ield from harm.
1.5.10 Probable Cause

There is information available to indicate that a crime more likely than
not has occurred or is occurring.
1.5.11 Protective Custody

In the context of animal cruelty cases, the retention of a victim animal
for inspection, preservation, and security from abuse, neglect, or
danger during which chain of custody is maintained.
1.5.12 Public Information Officer (PIO)

A peace of icer designated by a law enforcement agency to be the
liaison between the department and representatives of the media.
1.5.13 Reasonable Suspicion

There is some reason beyond a “hunch” that creates the belief that a
crime has or is occurring.
1.5.14 Reporting Party

A person who reports a concern about a situation to an entity with
authority to act.
1.5.15 Risk Assessment

A standardized procedure in which law enforcement evaluates the risks
associated with locations and individuals they are likely to encounter
when pursuing a particular tactical move in an investigation. Routinely
done prior to search warrant executions.
1.5.16 Search Warrant

An order from a judge that commands a peace of icer to search a
speci ied location and seize speci ic evidence of a particular crime(s).
1.5.17 Seizure
In the context of criminal cases, taking custody of an individual's
property or the individual themselves, within the bounds and under the
authority of a warrant.
1.5.18 Suspect
An individual who is believed to have committed a crime but against
whom no criminal charges have been iled yet.
1.5.19 Third‐Party Owner

An individual, not the suspect, who has an ownership interest in an
item of property.
1.5.20 Witness
An individual who has knowledge pertaining to or has personally
experienced (with any one of their senses) anything relevant to a
criminal investigation.
1.6 Terms and Phrases: Criminal Law

1.6.1 Alford Plea
A plea that maintains innocence but acknowledges that the prosecution
could meet its burden of proof with the evidence available.
1.6.2 Arraignment
The proceeding in which charges are of icially iled and the defendant
enters a plea of guilty or not guilty.
1.6.3 Authentication
A process that seeks to admit items into evidence by proving they are
true or genuine [10].
1.6.4 Brady Material

Any information or evidence that is favorable to the defendant.
Nondisclosure by the prosecution is a violation of the defendant's
constitutional rights [11].
1.6.5 Brief
A persuasive document written for submission to a judge or court
about an issue in a case.
1.6.6 Charging Enhancement

Statutory provision that allows for more serious charges, when
particular conditions are met, either by the defendant or by the
circumstances of the crime. For example, in Nevada the crime of
torturing a companion animal is a Class D felony but rises to a Class C
felony if done to intimidate another person. In Idaho, the misdemeanor
crime of torturing a companion animal rises to a felony if the
perpetrator has a prior conviction involving voluntary in liction of
bodily injury upon a human within 10 years [12, 13].
1.6.7 Charging Information

This is the document the prosecuting attorney iles with the court to
initiate criminal charges that are supported by probable cause.
1.6.8 Defendant
A criminal defendant is someone who has been charged with a crime.
1.6.9 Diversion
An arrangement that results in dismissal of the charges if a defendant
complies with the terms of a plea agreement (see below) for a speci ied
length of time without any violations.
1.6.10 Expert Witness

An expert witness is “[a] witness quali ied by knowledge, skill,
experience, training, or education to provide a scienti ic, technical, or
other specialized opinion about the evidence or a fact issue” [14]. A
veterinarian will almost always be considered an expert witness.
Expert witnesses are treated differently than other witnesses in a trial
(see Chapter 16 on trials for more information).
1.6.11 Forfeiture
A legal divestment of property that is ordered by a court.
1.6.11.1 Preconviction Forfeiture

A legal proceeding that is utilized in animal cruelty cases to address the
cost of caring for victim animals until a criminal trial takes place. Once a
preconviction forfeiture petition is iled, a defendant animal owner has
a certain amount of time to pay a bond amount that will be used to
provide care for their animals while they await trial. If the defendant
animal owner cannot pay the bond amount, then ownership of the
animals is transferred by an order of the court to a designated entity.
1.6.11.2 Postconviction Forfeiture

A divestment of property that occurs as a result of a criminal
conviction.
1.6.12 Foreclosure
The process of terminating an ownership interest in property in order
to gain title to the property or satisfy an unpaid debt connected to the
property. In an animal cruelty case, the property consists of the
animal/animals seized in the case. The unpaid debt is the costs of care
that have accrued since the animal(s) was taken into custody.
1.6.13 Grand Jury

A body of citizens that reviews evidence presented by the prosecutor to
determine if the prosecutor has probable cause to charge the suspect
with a crime.
1.6.14 Hearing
A proceeding that takes place in front of a judicial of icer to determine
issues related to a case.
1.6.15 Judgment
A ruling in a case by a court containing its inal determination in the
case. Depending on the determination and the court, the judgment may
be subject to appeal.
1.6.16 Lay Witness

A lay witness is “[a] witness who does not testify as an expert and who
is therefore restricted to giving an opinion or making an inference that
(1) is based on irsthand knowledge, and (2) is helpful in clarifying the
testimony or in determining facts” [14].
1.6.17 Lien
“A legal right or interest that a creditor has in another's property,
lasting usually until the debt or duty that it secures is satis ied” [15]. In
an animal cruelty case, several states have laws that speci ically create a
lien for the costs of care that an agency or individual provides to the
animals connected to a criminal animal cruelty case. The agency or
individual can foreclose on those liens, the result of which is repayment
of the costs or transfer of ownership of the property to satisfy the debt
(see Chapter 15 for more information about liens and foreclosure).
1.6.18 Mental State

Mental state refers to an element of every animal cruelty offense: the
state of mind of the perpetrator of the cruelty. Wording can vary slightly
between states, but generally the mental state the prosecution is
required to prove falls into one of these four areas [16].
1.6.18.1 Criminal Negligence

The perpetrator should have been aware of a risk and a reasonable
person in their situation would have been aware of the risk.
1.6.18.2 Recklessly
The perpetrator disregards substantial and unjusti iable risk that a
particular result will occur and engages in conduct that causes that
result. This disregard for the risk deviates from that of an average law-
abiding citizen.
1.6.18.3 Knowingly
The perpetrator consciously engages in conduct knowing that a
particular result is likely if not certain.
1.6.18.4 Purposefully or Intentionally

The perpetrator has the conscious objective to engage in the conduct
and cause the result of the conduct.
1.6.19 Motion
A document iled in a case requesting the court/judge to take a
particular action.
1.6.20 No Contest
A plea that does not admit guilt but does not challenge the charges.
1.6.21 Plea Bargain/Agreement

An agreement the defendant makes to negotiated charges and
sentencing provisions, and results in a conviction [17].
1.6.22 Pretrial Hearing

A court proceeding that takes place prior to a trial to assess trial
readiness, or to address and sometimes narrow, the issues in a case
[18].
1.6.23 Possession Ban

A sentencing provision that prevents a defendant from possessing
animals, a certain species of animal, or a particular animal for a period
of time.2
1.6.24 Probation
A sentence that a defendant can receive that involves certain
stipulations a defendant must meet after being released postconviction.
Probation can be included with incarceration as part of a sentence, or in
lieu of incarceration.
1.6.24.1 Bench Probation

Bench probation means the defendant will not have to check in with a
probation of icer but would have to appear before the trial judge if they
are found to be in violation of one of the stipulations.
1.6.24.2 Supervised Probation

Supervised probation means the defendant will have to routinely check
in with a probation of icer to con irm they are adhering to their
stipulations.
1.6.25 Release Order

An order by the court allowing a defendant to be released into the
community pending trial, with restrictions that must be adhered to by
the defendant.
1.6.26 Restitution
A monetary amount determined to redress a crime victim's injuries or
losses that a defendant can be ordered to pay as part of sentencing.
1.6.27 Sentencing
The phase of the criminal justice process that determines how the
defendant will be held accountable if they are convicted of a crime(s).
This can include but is not limited to jail time, probation, ines,
restitution, and mandatory counseling.
1.6.28 Stipulate
When two lawyers (generally adverse parties) agree to something
relevant to their case. For example, to agree that a piece of evidence
(lab results, photograph, video, etc.) can be admitted without
authentication by a witness [19].
1.6.29 Testimony
Statements made by an individual under oath.
1.6.30 Trial
“A formal judicial examination of evidence and determination of legal
claims in an adversary proceeding” [20]. In a criminal trial the
defendant has the right to choose between a bench trial and a jury trial.
1.6.30.1 Bench Trial

A trial that takes place without a jury and the judge determines both
questions of fact and law.
1.6.30.2 Jury Trial

A trial where a jury is convened to determine questions of fact that
equate to elements of the charged offenses.
1.6.31 Victim
A being who has been injured through the commission of a crime.
1.6.32 Voir Dire

The process of selecting a jury for a trial. A judge and all attorneys
representing a party in the case are permitted to ask questions of jury
members and are permitted to eliminate a speci ied number of jurors.
1.7 Looking Ahead

Armed with this foundation of vocabulary relevant to animal cruelty
case work, the next building block to a strong investigation is an
understanding across disciplines of what basic care animals need in
order to maintain their health and well-being.
References
1 Arizona – “[M]ammal, bird, reptile or amphibian.” Arizona Revised
Statutes Annotated, title 13, chapter 29, s 13-2910(H) (1) 2019 (AZ).
2 Oklahoma – “[A]ny mammal, bird, ish, reptile or invertebrate,
including wild and domesticated species, other than a human being.”
Oklahoma Statutes Annotated, title 21, Pt VII, chapter 67, s 1680.1
1991 (OK).
3 Delaware – “‘Animal’ does not include ish, crustacea, or molluska.”
Delaware Code Annotated, title 11, Pt I, chapter 5, subchapter VII,
subpart A, s 1325(a) (11) 1972 (DE).
4 Georgia – “‘Animal’ shall not include any ish nor shall such term
include any pest that might be exterminated or removed from a
business, residence, or other structure.” Code of Georgia Annotated,
title 16, chapter 12, article 1, s 16-12-4(a) (1) 2014 (GA).
5 Kansas – “[E]very living vertebrate except a human being.” Kansas
Statutes Annotated, chapter 21, article 64, s 717B.1(1) 2011 (KS).
6 Iowa – “Nonhuman vertebrates, but not including: Livestock; Game,
fur-bearing animals, ish, reptiles, and amphibians, unless owned,
con ined or controlled by a person; Nuisance non-game species.”
Iowa Code Annotated, title XVI, subtitle 1, chapter 717B, s 1 1994
(IA).
7 Nebraska – “Any vertebrate member of the animal kingdom [except
an] uncaptured wild creature or a livestock animal.” Revised Statutes
of Nebraska Annotated, chapter 28, article 10, s 2 1990 (NE).
8 Garner, B.A. (ed.) (2019). Black's Law Dictionary Standard, 11e, 697–
698. St. Paul, MN: Thomson Reuters.
9 Miranda vs. Arizona, 86 St. Ct. 1602, (1966).
10 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 163. St.
Paul, MN: Thomson Reuters.
12 Nevada Revised Statutes Annotated, title 50, chapter 574, Cruelty to
Animals, s 574.100(1) (a) 2017 (NV).
13 Idaho Code Annotated, title 25, chapter 35, ss 25-3504A; 25-
3520A(3) (b) 2016 (ID).
16 Uniform Laws Annotated, Model Penal Code, P I, article 2, s 2.02
2020 (USA).
Notes
1 As of January 2021, veterinarians are mandatory reporters of animal
cruelty in 19 states. Animal Legal Defense Fund (2020). Laws in
favor of veterinary reporting of animal cruelty.
https://aldf.org/project/veterinary-reporting (accessed 4 August
2021).
2 As of January 2021, 17 states have mandatory possession bans for
convicted animal cruelty offenders. Animal Legal Defense Fund
(2020). Laws supporting post-conviction possession bans. Animal
Legal Defense Fund. https://aldf.org/project/post-conviction-
possession-ban (accessed 4 August 2021).
2
Animal Basics
Kris Otteman, Zarah Hedge, and Linda Fielder
While laws require that animals must receive basic minimum care, the
legal de inition of what constitutes basic care varies by species. The
husbandry needs of a horse look wildly different from those of a guinea
pig. In providing accurate and thorough investigations of animal cruelty
cases, it is important for each of the experts involved to have the
appropriate level of baseline or deep expertise pertaining to the
speci ic species they will be involved with. This knowledge of animal
basics provides guidance and analysis when answering the most
common questions facing investigators, law enforcement, prosecutors,
animal control of icers, and veterinarians responding to concerns
regarding abuse or neglect of an animal. When approaching these cases,
it is important to ask: “Is the appearance of the animal within normal
limits? Is the diet appropriate for the age, condition, and species
involved? Is the care provided meeting the basic husbandry needs of
the animals and the standards set forth in the county or state code,
rules, or laws?” A foundation in animal basics will guard against failures
in addressing animal cruelty. This chapter will offer an introduction to
animal husbandry, which is the management and care of animals and
includes the areas of nutrition, sanitation, housing, and environmental
requirements for some common species. We will also introduce the Five
Freedoms and examine how they helped shape animal protection laws
and establish the ield of animal cruelty investigations.
Veterinarians possess expert knowledge about the basic needs of
animals and are trained and quali ied to diagnose and treat animal
diseases and illnesses. Law enforcement and investigators will bene it
from trainings and resources that provide basic animal knowledge to
increase the effectiveness of their work and are encouraged to enlist
the aid of a veterinarian who is comfortable with the species in
question when working animal cruelty cases and assessing animal
welfare de iciencies.
States de ine the word “animal” differently. In your state, companion
animals may have statutory requirements from which livestock are
exempt. The same is true for other species such as birds, insects, and
aquatics. Know how your state de ines animals and what statutes apply
to them [1].
2.1 The History of the Five Freedoms and

Their Impact on Animal Welfare Laws
The Five Freedoms were developed in the 1960s to establish standards
of minimum care for animals, particularly those raised for food, and
have since been accepted in the United States and across the world [2].
They are the basis from which laws concerning the care and treatment
of captive animals developed. An understanding of the Five Freedoms
acts as a foundation for animal cruelty investigations, when
determining if an animal's basic needs are being adequately met. The
Five Freedoms are uniformly applicable to animals in livestock and
farming operations, breeding and shelter facilities, and any
environment where an animal is con ined or enclosed in any manner,
including animals kept as pets. They are as follows [3]:
Freedom from Hunger and Thirst: by ready access to fresh water

and a diet to maintain health and vigor.
Freedom from Discomfort: by providing an appropriate
environment including shelter and a comfortable resting area.
Freedom from Pain, Injury, or Disease: by prevention or rapid
diagnosis and treatment.
Freedom to Express Normal Behavior: by providing suf icient space,
proper facilities, and company of the animal's own kind.
Freedom from Fear and Distress: by ensuring conditions and
treatment which avoid mental suffering.
The Five Freedoms, along with the Animal Welfare Act [4], a federal law
that sets minimum standards of care for animals in breeding and
laboratory environments, serve to memorialize the fact that a failure to
provide for an animal's basic needs is both inhumane and unlawful, and
that animals deprived of these provisions suffer pain and mental
anguish.
2.2 Veterinarians as Experts in the Field

When working on any case, but especially those with less common
species, involving an experienced veterinarian or other expert can be
essential to the proper understanding and workup of the case. For
example, when investigating neglect within a large avian breeding
facility, a zoo veterinarian may be able to accompany investigators on
scene and help with assessment of the environment and basic animal
needs. Such an expert may also provide expertise in identifying and
gathering evidence and the humane removal and housing of multiple
species, if necessary. Veterinarians and other animal experts may also
play a vital role in planning the logistics and resource needs of complex
cases or those involving multiple animals or a variety of species. While
a veterinarian is not needed in all cases, most situations will bene it
signi icantly from a doctor's involvement.
Involving a veterinarian to assess and report on animal cruelty
investigations improves ef iciency and accuracy when situations may
seem complex or impossible. Calling on help early in an investigation
can prevent missteps or loss of valuable evidence. Proactively inding
community resources to supplement an of icer or prosecutor's basic
animal knowledge further supports the quality of the investigation.
Consider reaching out to experts from government agencies such as the
Department of Agriculture, veterinary colleges, or reputable
organizations with expertise in specialized areas of nutrition or
husbandry, such as marine mammal or exotic species experts. Seek out
veterinarians who work in shelter medicine and may be available or
can offer a referral to a veterinarian who can assist. When possible,
build a network of contacts and experts that you can rely on in the
event an urgent case arises. Help can be challenging to ind once an
emergency is underway.
2.3 With So Many Species, Where to Begin?

Animal cruelty cases most commonly involve species with close
relationships to humans, mainly dogs, cats, rabbits, and horses.
However, livestock such as pigs, cattle, goats, llamas, and exotic species,
including reptiles, birds, marsupials, aquatics, captive wild animals, and
all others may be victims of neglect or abuse.
The animal basics covered in this chapter focus on the most common
domestic species, including dogs, cats, small mammals, captive avian
species, small ruminants, cattle, and horses. This information is
intended as a baseline and stepping-off point that you can build upon as
time goes on. Websites that provide information written or reviewed by
veri ied experts are good sources of information, and continuing
education offered by colleges and professional veterinary and animal
welfare organizations also offer high-quality information and training.
2.4 Defining Animals by Category

As a reminder, state statutes often have very speci ic de initions of
animals and which statutes apply to them, but below are some general
de initions of common terms used when describing categories or types
of animals:
Livestock: animals raised in an agricultural setting, including

hoofstock and equines.
Domestic animals: animals that have been adapted over
generations to live alongside humans.
Pets or companion animals: a domesticated animal kept for
companionship or pleasure.
Small mammals: rodents or other small mammals kept as pets,
such as rats, guinea pigs, ferrets, and hedgehogs.
Avian: any bird.
Poultry: domestic fowl such as chickens, ducks, geese, and turkeys.
Reptiles: scaled animals such as snakes, lizards, turtles, and
tortoises.
Amphibians: cold-blooded animals such as frogs, toads, newts, and
salamanders.
Aquatics: an animal that lives exclusively in water.
Some state statutes also categorize particular animals further as

“wildlife” or classify certain species such as large cats or monkeys as
“exotics.”
2.5 Animal Basics by Species

It is impossible to cover every animal species' speci ic care needs in this
book, but below are some general environmental, health, and
nutritional considerations for species frequently encountered in animal
cruelty investigations.
2.5.1 Hoofstock
Cattle, including beef and dairy breeds, llamas, alpacas, and sheep,
including meat and wool breeds, and a variety of goats fall into the
category that is referred to as hoofstock. These animals are all grazing
and foraging animals that may have access to a range and can seek food
freely or may be con ined and (Figure 2.1) fed in a pasture, feedlot, or
dairy environment. Food consumption can be estimated based on body
weight and ranges from 1% to 4%, depending on the species, life stage,
and productivity. High-producing dairy cattle will consume 4% of their
body weight (50 lb dry feed for a 1200 lb cow) per day, while a pet
pygmy goat that spends her day resting and playing will consume 1 lb
of food a day. Water consumption can also be calculated based on the
same concepts of weight, species, utilization, and environment. With
access to clean water, these animals will drink what they need.
Hoofstock have a natural tendency to wear hooves down to a healthy
length and shape, but in some cases require hoof care such as shaping
and trimming. Regular deworming for intestinal and external parasites
is required on a routine basis and is dependent upon the region and
environment the animals live in. Some breeds of cattle and goats are
dehorned early in life and certain breeds of sheep are tail docked as
lambs to prevent ly attraction and damage during warm periods. Many
of these breeds are ear tagged or microchipped for identi ication
purposes and for registration with breed af iliates and government
agencies as required. Breeding progress in sheep and cattle is
monitored in some herds by use of paint markers that apply a color blot
to the female's back when she is bred. All these species give birth in a
pasture or barn setting unaided in most situations, but emergency
procedures and veterinary intervention may be necessary when
dystocia (dif iculty birthing) arises. Breeds of goats, sheep, alpacas, and
llamas grow long thick coats that may require shearing. Body condition
can be dif icult to evaluate in these species without a hands-on
opportunity as the coat obscures their body, while visual evaluation is
fairly straightforward for cattle breeds or short-coated goats.
Figure 2.1 Feed requirements for cattle and other hoofstock can be
calculated based on the animals' average or estimated ideal weight.
Source: Oregon Humane Society.
2.5.2 Equine
Horses, donkeys, and mules are foraging animals eating grass and hay
throughout the day. They require access to hay and/or pasture equal to
1–2% of their body weight (10–20 lb for a 1000 lb horse) per day. They
drink 5–10 gal of water per day. Equine species require regular hoof
trimming to allow them to walk and stand comfortably. Without regular
maintenance, equine hooves are prone to painful splitting and curling.
Equine teeth have evolved to grind grasses and grains. They develop
sharp points and caps that must be iled away or removed by a
veterinarian (a procedure known as loating) in order for the horse to
ef iciently chew its food. All equines are prone to parasites and require
periodic deworming to avoid infestations, which can lead to illness and
even death in some cases. Pregnant, nursing, and senior equines may
require specialized diets and more frequent veterinary care to maintain
their health and comfort.
2.5.3 Feline (Domestic Cats)

Cats are often kept as indoor pets but can also be found living
exclusively outdoors as community cats (which can consist of tame or
unsocialized felines living singly, in small groups, or in larger colonies
[Figure 2.2]). Cats are carnivores and have a higher protein
requirement than other mammals. They require access to potable
water and an area free from their feces and urine. Cats kept in crowded
or con ined conditions frequently develop upper respiratory and eye
infections characterized by congestion, nasal and eye discharge,
sneezing, and wheezing. They are also at a higher risk of developing
skin conditions such as ringworm or scabies, and viral diseases
including feline immunode iciency virus (FIV) and feline leukemia virus
(FeLV) [5]. Unaltered cats breed proli ically, and unneutered male cats
are known to ight each other, which can cause wounds that may
develop into painful abscesses. Outdoor cats need access to shelter
from extreme hot and cold temperatures.
Figure 2.2 Community cats may be tame or unsocialized and often live
in colonies.
Source: Kayte Wolf.
2.5.4 Canine (Domestic Dogs)

Dogs' relationships with people vary tremendously from being kept as
indoor companions, as outdoor guardians protecting livestock or
property, or kept strictly outdoors, sometimes chained or fenced in,
with little human contact. Some states prohibit chaining dogs (often
with certain exceptions), while chaining is allowed in others. Chains
and collars must it appropriately and not cause wounds or be so tight
as to damage or become embedded in the skin (Figure 2.3). Dogs
require an area clear of environmental hazards, access to potable water,
and shelter that provides protection from extreme temperatures and
allows them to stay dry and away from their feces and urine. Dogs are
omnivores whose nutritional requirements are based on size, age, and
activity level. They can develop viral diseases and parasite infections,
some of which are zoonotic (contagious to humans), such as rabies and
hookworms. Vaccination and deworming prevent these conditions from
debilitating or killing dogs and protects humans from infection. Breeds
with particular hair coats require grooming to prevent matting, which
can become painful, interfere with mobility, and contribute to skin
infection and disease. Dogs, especially seniors, require regular nail
trimming to keep their nails from curling and becoming embedded in
their paw pads. Routine dental care is required for most dogs,
especially as they age. Painful dental disease later in life, requiring
veterinary care, can become a serious health concern in the canine.
2.5.5 Small Mammals (Rabbits, Guinea Pigs, Mice, Rats,

Ferrets)
Inappropriate husbandry and diet are common causes of disease in
small mammals. Rabbits and guinea pigs are herbivores and require a
high- iber diet, while rats and mice are omnivores. Ferrets, weasels, and
mink are omnivores and require meat protein as well. Their nutritional
requirements in captivity are best met by commercial diets developed
for their species, supplemented with appropriate fresh foods. Guinea
pigs require vitamin C in their diet as they are unable to produce this in
their body like other mammals. Small mammals require constant access
to potable water. Small mammals are intelligent and social animals.
Providing appropriate housing will ensure they are able to display their
normal behaviors. These species bene it from living in pairs or groups,
but they can cause severe injuries and even death if ighting occurs.
Adequately sized enclosures allow for the animals to eat, sleep, and
exercise and allow them to be free from their waste. Some rodents
require substrate or bedding for burrowing and sleeping. Enclosures
should be free from hazards and cages with wire loors should be kept
in good repair so as not to injure the animal's feet or entrap them.
Cages with wire bottoms should always include a solid bed or resting
platform where the animal can relieve itself from the constant pressure
of standing on wire, which coupled with contact with feces and urine,
leads to painful ulcerations and infection of the feet and hocks. Rabbit
enclosures ideally have a thick and soft looring, and wire or mesh
looring throughout the enclosure should be avoided. Rabbits do not
have footpads, but have coarse fur covering the toes and paws. Rabbits
kept in wire housing without access to soft, solid looring commonly
develop a condition called pododermatitis, which is an infection of the
paw, and can be a serious and life-threatening condition. Most small
mammals do not do well in extreme heat or cold and some, like rabbits,
are prone to heat stroke and must have access to a shaded area if
housed outdoors. Overcrowding is stressful to small mammals and can
cause them to ight with and cannibalize their cage mates and offspring.
Dental health is very important in small mammals and is a common
cause of medical concern in these species. All teeth in rabbits and
guinea pigs are continuously growing, throughout the life of the animal,
and they require oral examination at veterinary visits. Rabbits may
suffer from malocclusion, a condition in which their teeth are
misaligned causing them to become overgrown and curled, which can
prohibit them from chewing their food. This condition is sometimes
visible, but the teeth may grow backward into the cheek and so a visual
inspection of the mouth is advised when malocclusion is suspected.
Some species of rabbit (Figure 2.4) and guinea pig have long hair coats
that require consistent grooming. Severe matting can lead to pain and
skin infections.
Figure 2.3 Tight collars may become embedded in an animal's skin
causing painful wounds and infection.
Figure 2.4 Angora rabbits require regular grooming to prevent matting
of their long coats.
2.5.6 Avian
Birds kept as pets range from inches and pigeons to large parrots. They
have adapted genetically over centuries so that their beaks are specially
shaped to collect, open, and ingest the fruits and seeds native to their
region of origin. Parrots have large, hooked bills for cracking open hard
palm nuts, while inches have small triangular beaks designed to pluck
tiny grass seeds from their stems. For this reason, birds in captivity
must be provided with a diet modeled after what they were designed to
eat in nature. There are hundreds of commercially available diets for
every type of bird kept as a pet. Birds have high metabolisms and must
eat frequently throughout the day, so food should always be available.
When assessing feed, keep in mind that birds tend to drop spent seed
hulls back into feed cups and hoppers, so what might appear as a full
seed dispenser may actually be illed with empty seed hulls. Birds
always require access to clean, potable water. Some birds, like pigeons
and doves, may be suited to living in outdoor aviaries, but most pet
birds are quite sensitive to cold temperatures. Cages should be large
enough for the bird to move around, extend its wings, access its food
and water, and be free from its waste. Birds require perches to rest and
sleep on. They may be housed in pairs, groups, or singly. Breeding pairs
require a nest or nest box in which to lay their eggs and tend their
young. Health considerations for birds include monitoring for any
changes in respiration or dif iculty breathing, distress related to
dif iculty laying or retained eggs, and attention to overgrown beaks and
nails. Feather picking occurs (Figure 2.5) when a bird plucks their own
feathers and is commonly secondary to poor husbandry, improper diet,
or underlying medical and/or behavioral conditions.
Figure 2.5 Captive birds may develop feather picking behaviors owing
to stress, diet, or underlying health concerns.
2.5.7 Poultry
Poultry refers to species of birds primarily raised for meat or egg
laying. These include chickens, geese, turkeys, ducks, and quail. Poultry
are typically fed commercial pelleted feed or grains, which are often
supplemented with fresh vegetables or table scraps. Poultry require
access to fresh water. They are often housed in groups but should not
be so overcrowded that they cannot move about easily, as overcrowding
contributes to disease, cannibalism, and injury. Enclosures should be
free of hazards that could cause injury and should protect the birds
from overheating or freezing. Poultry can suffer from viral and
infectious diseases and parasites. They may also experience medical
emergencies related to retained eggs, viral or infectious diseases, and
parasites. All avian species may carry reportable diseases that require
coordination with government agencies.
2.5.8 Reptiles
This is a large group of cold-blooded animals and includes snakes,
lizards, turtles, and tortoises. Most snakes and some lizards and turtles
are carnivores or insectivores, while iguanas and land tortoises are
vegetarian. Every species of reptile eats a slightly different diet. For
reptiles who eat prey, the size of the reptile determines the size of the
prey they should be fed. Most snakes kept as pets are fed mice or rats of
varying sizes, while smaller snakes and lizards are fed a variety of
insects. These “feeder animals” are available at most pet shops and by
mail order and may be fed live or frozen. Many types of lizards require
fresh greens in addition to their insect diet. Because of their slow
metabolism, adult snakes may only eat once every two or three weeks.
Smaller or younger snakes need to eat more often, usually twice a week.
Most lizards and herbivorous reptiles need to eat every day. Reptiles
require constant access to fresh, potable water. Reptiles must have a
habitat that provides the heat and light that mimics their native
ecosystem. To a reptile, proper heat and light is as essential as food and
water. Reptile enclosures need to offer a temperature gradient, with a
warm area for the animal to bask and increase its body temperature
and a cooler area to mimic the shade. As cold-blooded animals, they
rely on external sources for body heat and will die without the proper
enclosure temperature. Additionally, without adequate heat support,
many species of reptiles (Figure 2.6) cannot properly digest their food.
Heating options for enclosures include under-tank warming mats,
electrical heated basking stones, basking lights, and ceramic heating
element bulbs. Aside from heat, some reptiles need ultraviolet (UV)
light. This wavelength of light is necessary for calcium metabolism. In
enclosures without UV light, reptiles often develop debilitating bone
diseases, loss of muscle function, and altered metabolism. The reptile
habitat should be free from hazards, excess waste, and spoiled food. It
should provide a hiding and sleeping area and appropriate climbing
accessories for the species. Many reptiles are susceptible to bacterial
and fungal infections, which can cause painful ulcers. It can be very
dif icult to recognize serious illnesses and disease conditions in
reptiles, and whenever possible investigations involving reptiles should
include a veterinarian familiar with treating them. Poor husbandry and
diet commonly lead to a variety of medical conditions, including
dysecdysis (improper shedding) and metabolic bone disease, which can
lead to brittle bones that break easily.
Figure 2.6 Inadequate lighting and heat in reptile enclosures can lead
to skeletal diseases and nutritional de iciencies.
2.5.9 Unusual Exotics

Monkeys, large cats, wildlife, and animals typically seen in zoos are also
discovered as “pets” when investigating animal cruelty. Laws at both
the state and federal level may apply to these animals, in addition to
laws applicable to the care and husbandry of all animals. Unusual exotic
animals are rarely domesticated and can be dif icult and dangerous to
assess and handle. The owner is responsible for providing a diet
appropriate for the species in type, quality, and quantity. They should
have access to clean, potable water. They should not be subjected to
extreme temperatures or temperatures the species is not adapted to.
Enclosures should be secure, free of hazards and waste, provide shelter
and shade, and room and accessories designed for the animal to
exercise and express its natural behaviors. Wild exotic animals are
especially prone to stress-induced behaviors in captivity such as self-
injury, ighting, and cannibalizing cage mates and offspring. When
approaching cases involving exotic wild animals, include other agencies
with oversight such as the United States Department of Agriculture
(USDA) and state ish and wildlife agencies. Arrange for experts such as
zoologists or zoo veterinarians to assist with all handling, capture, and
assessment of these animals.
2.6 Basics That Apply to All Animals

Another basic requirement that applies to all animals, regardless of the
species, is the understanding that veterinary care is required to relieve
an animal's suffering. Any sick or injured horse, ferret, turtle, or animal
of any species that is injured, sick, and suffering must be offered relief
through medical care, treatment, or euthanasia.
Any animal that is old, disabled, pregnant, nursing, or juvenile may
require special care due to their weakened or debilitated state (Figure
2.7). Owners are required to provide that care so that animals with
these types of special needs do not suffer. In simple terms, the
minimum care required for animals at a speci ic life stage or condition
is often over and above what would be considered adequate or
minimum care for an average healthy adult animal of the same species.
Examples of provisions that must be made for these animals might
include extra calories and supplements, reinforced shelter or additional
heat support, and padded stalls or bedding to prevent pressure sores or
provide for parturition and raising young.
Figure 2.7 Animals in a weakened or debilitated state require
veterinary care to address pain and suffering.
Some cases, like cock ighting and farmed animal investigations, require
coordination with the State Veterinarian whose role is to consider
public health risks from zoonotic diseases (transferable from animals to
humans). Diseases such as avian in luenza, brucellosis, and rabies carry
a risk to humans and testing or reporting may be warranted.
2.7 Putting Your Basic Knowledge to Work

Rely on your knowledge of animal basics to inform you when you
approach an animal cruelty investigation. If an animal looks ill or
injured, call on what you know about the required minimum care of
animals and start to identify what is missing. At the beginning stages of
an investigation, it is not required that you know what exact disease,
injury, or illness an animal is suffering from, only that the animal is
suffering or not being provided shelter, nutrition, or veterinary care as
required by law. Once you have established that fact, then applying the
Five Freedoms can guide you as you evaluate the animal's environment
and look for adequate food, water, shelter, and sanitation. Does the
animal's enclosure provide for its needs for exercise and freedom from
urine and feces? Are there hazards in the environment that have
resulted in injury to the animal? Is it able to maintain an appropriate
body temperature? Who are the local animal experts that can assist you
in further evaluation of the circumstances if necessary? The more you
learn about the basic needs of animal, the more con ident you will
become as you respond to animal cruelty cases, and the more thorough
your part in an investigation will become.
References
1 Animal Legal Defense Fund (2020). 2020 U.S. state animal protection
laws rankings. https://aldf.org/project/us-state-rankings (accessed
30 May 2021).
2 Elischer, M. (2019). The Five Freedoms: a history lesson in animal
care and welfare. MSU Extension 4-H Animal Science, Michigan State
University
https://www.canr.msu.edu/news/an_animal_welfare_history_lesson
_on_the_ ive_freedoms (accessed 30 May 2021).
3 ASPCA (n.d.). Five Freedoms.
https://www.aspca.org/sites/default/ iles/upload/images/aspca_as
v_ ive_freedoms_ inal1.ashx_.pdf (accessed 30 May 2021).
4 Animal Welfare Act, 1966 (USA).
5 Polak, K.C., Levy, J.K., Crawford, P.C. et al. (2014). Infectious diseases
in large-scale cat hoarding investigations. Vet. J. 201 (2): 189–195.
https://doi.org/10.1016/j.tvjl.2014.05.020.
3
Fundamentals of All Cases
Linda Fielder
It should come as no surprise that the basic needs of animals described

in the previous chapter play a critical role in every animal cruelty
investigation.
Without food and water in suf icient amounts, a horse cannot sustain
its body weight and will become emaciated over time. A cat's wound or
illness left untreated will cause pain and may result in death. Without a
shelter that allows for maintenance of body temperature, a dog may
freeze to death outdoors. Once we understand the basic needs of
animals, we can begin to understand how the absence of those
necessities becomes the indication of neglect or abuse to vigilant
observers and initiates an investigation.
In the example of the dog with no shelter, the investigative team of
police of icers, veterinarian, and animal control of icers will piece
together the evidence of neglect, which led to the dog perishing in the
cold. How was the shelter inadequate? How long had the dog been
outdoors? How low was the temperature the night the dog died? Did
the dog's body condition, breed, or hair coat provide protection or
make it more vulnerable? A successful investigation begins with a keen
understanding of the animal's needs and ills in the blanks regarding
how those needs were or were not being met in the days, weeks, or
months prior to the case coming to rest on the desk of the investigator
or veterinarian (Figure 3.1).
A thorough investigation is an attempt to leave no stone unturned when
searching for the evidence of a crime. It includes physical examination,
interviews, scene searches, photographs, diagnostic imaging, pathology,
and much more. The investigation sets out to assure the prosecutor
there is no other excuse for or reason that the animal became
ill/injured/deceased but by the commission of the crime of animal
neglect or abuse and provides a narrative that leads to the
identi ication of the individual(s) responsible for said crime.
3.1 Interdisciplinary Roles

Every investigation is more comprehensive and able to withstand
examination by the defense when it employs the skills and expertise of
all the practitioners for whom this book is written. The law
enforcement professional utilizes their skills of interviewing suspects
and witnesses, identifying evidence, and noticing and documenting
conditions relevant to the investigation. Veterinarians are valuable
when assessing the crime scene. They also provide clinical expertise in
diagnosing and treating victim animals and are quali ied to explain how
the animal experienced pain, what intervention or actions may have
changed its condition, and how the investigator's indings were
relevant. Animal welfare and shelter professionals may offer resources
to owners that prevent an animal from suffering and eliminate the need
for a criminal citation. They can also provide excellent environments
for victim animals to heal and rehabilitate and keep accurate records
around all aspects of those animals' care and movement. The
prosecutor applies the laws of the state to the facts of the crime report
and the supporting evidence and documentation that comprises the
case ile and makes the best possible use of witnesses when the case
proceeds to the courtroom. When all the professionals involved are
using their skills and training together, they support each other in the
process of moving a case along from the scene of the crime to the trial.
Figure 3.1 The shelter pictured here does little to provide protection
from the elements.
3.2 Environment
Many investigations begin with the report of an animal living in an
inadequate environment. Animals con ined to a pen, a crate, a stall, or
tethered by a chain may suffer illness and injury as a result of their
inability to get away from their feces, or standing water, or other unsafe
or unsanitary conditions present in their environment.
An environment marked by excess feces and urine, standing water, or
thick mud can cause painful issues, including ulcerated sores on the
feet and hocks, infection, which may progress through the skin and into
the bone, hoof and skeletal abnormalities, a high incidence of
miscarriage and death of neonates, injuries caused by an animal's
repeated attempts to escape the environment, gastrointestinal disease,
and parasite burden. These are only some of the conditions animals
may develop as a result of living in a squalid environment and which
contribute to a conclusion that the animals are suffering from criminal
animal neglect.
So many aspects of an animal's environment are relevant to a criminal
investigation. The environment includes the high and low temperatures
an animal is exposed to, access to shelter or shade from the elements,
the provision of reasonably clean and dry bedding, and the physical
space to shift positions, stand, sit, and lie comfortably, with looring that
does not injure or entrap an animal's feet or limbs.
In the case of a physical abuse or animal ighting investigation an
animal's environment will also contain evidence vital to the
investigation. Implements used to strike a victim animal, blood spatter,
or indicators of a physical altercation or struggle may all be visible in
the environment and subject to the keen eye of the investigator.
Equipment used to condition animals for ighting or supplies to treat
wounds are often discovered hidden or in plain view within the
environment of a dog- or cock ighter.
The opportunity for evaluating an animal's environment is often time
sensitive. You may not be granted access to view the area where an
animal is kept or may only see it for a brief time during an initial site
visit. Knowing how the environment impacts the health and well-being
of an animal is crucial to ensuring you notice important aspects of the
environment in the time you are given. In the case of a search warrant
execution, more time may be available for the assessment of the
environment. Photo and video recordings preserve the conditions for
later review by investigators, veterinarians, prosecutors, defense
attorneys, and judge and jury.
When examining an animal's environment be sure to look for and
record what is present as well as what is missing. For example, if the
enclosure is wet with standing mud and rainwater, but there is no
drinking bowl or trough with potable water the animal can access, this
must be noted in the record. By speci ically indicating that you did not
see any water trough or container available to the animal, this
overcomes the notion that you may have neglected to notice a water
container that was clearly present in the pen or stall.
Generally, when responding to reports of an unacceptable environment,
the investigator should assess the following components:
Shelter: Is it safe and appropriate for the species and number of

animals? Can they maintain a normal body temperature, and does
it provide protection from wind, rain, cold, heat, and standing
water?
Con inement (fences, cages, stalls, chains): Does the method of
con inement contain hazards or harmful components such as
broken wires, rust, damaged loors, or doors? Is the chain so tight
as to cause wounds on the animal's neck? Does the size and design
of the enclosure allow for the animal to stand, move, rest, and
sleep comfortably? Does it restrict their movement and expression
of natural behaviors such as cleaning themselves, stretching,
eating, and drinking?
Surrounding areas (yard, room, pasture, barn): Are there dry areas
where the animal can walk, sit, lie, and eat away from standing
water, feces and urine, contaminants and other hazards. Is there
mud, downed trees, machinery, vehicles, or other dangers within
reach of the animal and on which it could injure itself or become
trapped or entangled?
3.3 Sanitation
Sanitation is a component of an animal's environment that often comes
up as a signi icant factor in animal cruelty cases. Animals, like humans,
prefer to live, sleep, raise their young, and eat in environments that are
free from urine, feces, and other contaminants. When animals are
con ined in cages, pens, stalls, or even houses without attention to
sanitation in the form of human intervention, their enclosures quickly
become saturated with waste. This creates an unsanitary environment
that is not only extremely unpleasant for the animal, but also subjects
them to injury and illness. In practical terms, we do not mean that
sanitary environments are sterilized and germ free, but we are
expecting domestic animals to be kept in such a way that they can get
free from their own waste. Constant exposure to feces and urine causes
scalding wounds and accompanying infections, fumes from ammonia in
urine-soaked enclosures (Figure 3.2) lead to respiratory and eye
irritation, and all manner of parasites proliferate in areas where feces
build up over time.
Figure 3.2 The multiple wounds and abscesses on the dog in this photo
can be attributed to the conditions within her run and shelter.
3.3.1 Some Considerations Regarding Sanitation

3.3.1.1 Stalls, Kennel Runs, Litterboxes
Areas where animals defecate and urinate need to be maintained. They
should not be over lowing with waste so that animals must stand in or
on their waste when con ined within or accessing these areas. A
buildup of waste attracts insects and harbors parasites. Animals within
these environments are often heavily parasitized and may suffer from
wounds or ulcers with maggots present in the surrounding fur or wool.
3.3.1.2 Ammonia/Urine
If the smell of ammonia is overwhelming in the home or area where the
animals are housed, this is a hazard for both humans and animals and
can damage respiratory function, sinuses, and eyes. Contact with urine
on the skin causes chemical burns and ulcers, and can lead to infections
over time.
3.3.1.3 Contaminated/Spoiled Food, Dirty Food, and Water

Receptacles
The area and containers where animals eat and drink need to be safe
and reasonably clean (Figure 3.3). Contamination from feces and urine,
rotten food, chemicals, or other environmental contaminants poses an
immediate risk to an animal's health. Parasitic infections, bacterial, and
protozoal diseases are spread by animals ingesting the infectious agent
while eating or drinking.
3.4 Food and Water

A good investigator always checks for food and water. However, as is the
case with so many aspects of animal cruelty investigations, there are
many factors at play to consider when assessing these two critical
requirements.
Figure 3.3 Contaminated food and water pose health risks to animals.
Food and water must be of a quantity and quality that is bene icial to
the animals. A canary who is fed only parrot food will not be able to
break open the large seeds and gain adequate nutrition from his diet
even though his bowl is always full. Likewise, if a horse has overgrown
teeth that have not been maintained in some time, the horse will roll its
hay or grass into a ball in its mouth repeatedly and eventually drop it.
The horse's teeth lack the lat surface that allows it to grind the hay or
grass into pieces it can swallow. A horse with this problem can starve to
death in a pasture full of grass. A dozen cats may have access to a large
hopper of dry food, but the group has established a hierarchy in which
a percentage of older, weaker cats are denied access to the food by
younger, more dominant ones. Water bowls and troughs may be full,
but on closer inspection, there is no water service to the property,
which could mean the animals are at the mercy of the rain to provide
the water they need to sustain life.
Food and nutrition are areas where human ignorance often precedes
animal suffering. The role of the veterinarian, animal control of icers,
and law enforcement in educating owners about proper nutrition
should always come irst when responding and identifying a problem.
Many times, individuals take on pets or livestock without properly
researching their care and feeding requirements.
3.4.1 Assessment of Food and Water

3.4.1.1 Accessibility
Are there enough food and water receptacles for the number of
animals? Can all the animals reach the containers? Is there a hierarchy
within the population leading to resource guarding and lack of access?
Is there running water on the property or are the animals dependent on
rainwater? Are receptacles and water sources frozen over?
3.4.1.2 Type and Amount

Is the food appropriate for the species? Are the animals actually eating
it? Is there a store of food on hand that gives you con idence that the
owner can provide the amount of food the animals require daily? Is the
food expired or stored where it has become contaminated by insects or
rodents?
Note: It is common to investigate starvation cases where the owner
assures you the animal has access to food but is not interested in eating.
In these cases, you can offer the animal a treat or some food or ask the
owner to feed the animal, in order to con irm the owner's statement. A
thorough examination and diagnostics by a veterinarian will aid in
con irming if starvation was due to an underlying medical condition or
inadequate amount of food. More information about investigating
starvation cases is included in Appendix A.
3.5 Nutrition
As pets grow or age, recover from illness, or nurse litters of offspring,
their nutritional needs change with their conditions. The irst response
to these cases should include educating the owner about the nutritional
requirements of animals and enacting a plan for bringing the conditions
up to muster, if the owner's resources and the animal's conditions
allow.
While we know food is important, even vital to sustaining life, nutrition
is the combination of carbohydrates, fats, iber, minerals, proteins, and
vitamins that support growth, reproduction, maintenance, and
performance. The vast science of animal nutrition revolves around the
livestock industry and food production where exact standards are set
that will provide optimal and predictable weight gain and inishing.
Although food animal nutrition is based on food production science,
much information is available about the nutritional needs of all species
of animals kept as pets and in zoos as well [1].
Diet and nutrition support every basic function of the body. Today there
are commercially prepared diets available for most of the animals we
keep as pets, from ish and rabbits to dogs and cats. Manufactured pet
and livestock food is regulated by the US Food and Drug Administration
(FDA) and the Association of American Feed Control Of icials (AAFCO)
[2].
Especially within the pet fancier's community, there is much debate
about what makes an “adequate” or “high-quality” diet, and opinions
differ wildly about the best options available to owners. For the
purpose of evaluating nutrition in the ield, the following observations
can be helpful when assessing nutritional status:
Is the type and quantity appropriate for the species and size/age of
the animal?
Is food being offered at the appropriate frequency?
Is it fresh and stored properly?
Are there factors related to nutrition that need special attention
(allergies, illness, age, etc.?)
Is the animal interested in eating the food and is their body
condition appropriate?
Just like human infants, juvenile animals require more frequent

feedings and a more nutrient-dense diet. Their mothers also need
additional calories to support nursing and recovery (Figure 3.4).
Geriatric animals or those recovering from injury or illness may need a
special diet they can both tolerate and that will support their healing.
They may bene it from accommodations as to how they are fed, or may
need to be separated from other animals while feeding. Again, by
educating the owner and monitoring compliance and progress, many of
these cases can be resolved satisfactorily without the need to issue
criminal citations.
Figure 3.4 Animals require additional feed and calories when pregnant
or nursing offspring.
3.6 Documentation
Documentation is critical to the success of every investigation.
Approach every interaction with the mindset that “if it isn't
documented, it didn't happen.” This is especially important in animal
cases because the victims cannot speak; therefore, they cannot testify
to the level of care and treatment they received. The investigator must
be able to ill in the blanks.
Make detailed notes immediately after site inspections and interviews.
When possible, record interviews so you have an exact account of what
was said. Months and sometimes years will pass between the time an
investigator submits a report to the courts and the day that case is
heard at trial. Your notes, reports, photos, and recordings will serve you
well, as you recall the facts on the witness stand.
Documentation is critical (Figure 3.5) when establishing facts about an
animal's environment and access to resources like food and water.
Always utilize photos and video whenever possible both to illustrate
the conditions and to remind you of your indings. Make note of food in
storage, the expiration dates of feed, the number of food and water
bowls or troughs compared with the number of animals, the animals'
demeanor when presented with food or a treat, and the body condition
of the animals at issue.
Sometimes we feel compelled to collect food and water samples for
testing, especially in cases where the food and water are fouled or
expired. Lab testing can determine the nutritional characteristics of a
bale of hay or identify chemicals or toxins in the water supply that
might render it nonpotable. Keep in mind that sample collection,
storage, and submission processes can be very speci ic and so
investigators must be trained in those procedures and have the proper
equipment on hand when utilizing these diagnostics, in order for them
to be of value at trial.
Figure 3.5 Documentation of the environment through accurate notes,
photography, and video is a critical component of every animal cruelty
investigation.
3.7 Body Condition

We have already used the term “body condition” several times in this
chapter. Body condition refers to the amount of fat stores and the
presence of muscling in an animal. Body condition scoring is a hands-
on procedure originally developed as a method for assessing cattle used
in food production. According to the species of animal being assessed,
speci ic points on the animal's body are felt and observed for the
presence of fat. The indings are then used to assign a score to each
animal, which serves as its “body condition score” (BCS). Since its
development, body scoring has been applied to almost every type of
livestock and pet animal, as a way to assess the body that is much more
accurate than simply looking.
As you know, many animals have thick, curly, or matted hair coats,
dense feather coverings or even dark colorations, which can prevent an
accurate assessment of body condition by sight alone. While no one will
testify that body condition scoring is a foolproof method for analyzing
animal fat stores, BCS charts serve the important role of setting a
standard for the ideal body condition for the species, as well as the
degrees on either side of that standard ending in emaciation or obesity.
3.8 Documenting Body Condition

It is helpful for staff conducting investigations to be trained in several
species' body condition scoring methods. Knowing the bony points of
an animal where fat stores are irst depleted, such as the tail pins, the
hip joints, and the ribs; these also serve as the key areas to observe
when noticing the condition of an animal you cannot touch. It is
important to make note in your reports of whether you assessed the
animal using your hands or if you were unable to touch it. Here is an
example of a statement regarding observations from a distance, “I was
unable to enter the paddock where the horses were kept. Their coats
were wet and from a 20-foot distance I could easily count each horse's
ribs and the tail pins were prominent on all four horses.”
Be sure you are documenting body condition according to the standard
and not compared with other animals on the property. Universities
around the country have published body condition scales, which are
available online.1 Include a copy of the chart you utilized on site and
refer to it as the standard you used when you write your reports. Share
it with any veterinarians or other experts who will be examining the
animals, so everyone is referencing the same body condition
assessment scale in their examinations.
Photo and video documentation of body condition is very important
and must not be overlooked. Familiarize yourself with the points on the
body used to assess body condition and include those points in your
videos and photographs. Make sure the light is adequate to display an
accurate representation of what you see with your eyes, taking care not
to exaggerate or underrepresent the body condition. Include ive views
of each animal (front, back, each side, and from above).
If an animal has a thick hair or feather coat, it can be helpful to use your
hands when photographing, both to move the hair aside and as a
caliper around the spinal column (Figure 3.6) (on a dog, for example) or
to demarcate the prominent chest or keel bone of a bird.
3.9 Dental, Foot, and Hoof Care

In the wild, animals exist in their native terrain for which their bodies,
including their feet and hooves, have speci ically evolved over time. The
same is true for animals' teeth. In their natural environment, an
animal's teeth would become worn from foraging through grasslands or
hunting and eating their prey. In captivity, where the conditions for
which these animals were evolutionarily designed are not present,
owners must intervene to provide maintenance services on their
animals' hooves (Figure 3.7), nails, teeth, hair coats, etc. It is the
responsibility of an owner to know what is considered routine
maintenance or wellness care for the species of animals they own, and
to provide that care often enough that conditions do not become
painful or dangerous for their pets or livestock.
Figure 3.6 Photos should accurately represent the animal's body
condition.
When responding to animal cases, it is important for the investigator to

make themselves familiar with the type of routine care the animals in
question should be receiving. Some issues, particularly dental
problems, may not be immediately noticeable at irst glance and will
require a closer look at the animal, if it is willing, or by a veterinarian
using sedation. Because conditions arising from lack of dental, hoof,
and coat care are so common and can become so painful, even
debilitating, this is an area worth the investment in time and research
so that you are able to identify the issues, educate the owner, and, when
necessary, articulate the evidence of criminal neglect.
Figure 3.7 Many animals, such as the pot-bellied pig in this photo,
require regular hoof and dental care to prevent painful overgrowth.
3.10 Veterinary Care, Medications, and

Treatment
There are several reasons an individual might fail to provide veterinary
treatment for an ill or injured animal. More “passive” reasons include a
lack of education about or understanding of the seriousness of an
animal's condition. Financial insecurity (limitations or constraints or
choices) may play a part, as can a lack of transportation, language
barriers, geography, and many other contributing factors that create
obstacles for the animal owner. A failure to provide veterinary care can
also be deliberate and with knowing disregard for an animal's suffering.
It is important that the investigation sheds light on the details
surrounding the owner's action or inaction in providing medication and
treatment to their animal. Animal cruelty citations can result from an
owner's failure to provide medical treatment to relieve pain and
suffering.
When investigating cases involving the care and treatment of a sick or
injured animal, the investigator will attempt to learn what, if any,
treatments have been given, as well as what medications have been
utilized by or prescribed to the owner to administer to the animal. By
interviewing the owner and examining the medications, you can draw
your own conclusions about whether the treatment, or lack of
treatment, is evidence of animal cruelty.
When examining medication presented by the owner as evidence they
are addressing (Figure 3.8) the animal's condition, look closely for the
following:
If prescribed, is the medication speci ied for the animal in

question?
Is the medication expired?
Is there evidence the animal has been receiving the medication
(number of pills missing, liquids or ointments are open and
obviously have been used)?
Are there accompanying vet records or other instructions to the
owner regarding the condition and medication?
It is always a good idea to photograph the medication with the amount

used and expiration date visible.
In many cases, the initial interaction with the owner will lead you to
mandate that they seek veterinary care for an animal within a certain
amount of time, after which you will return to con irm that the owner
has followed your instructions, the animal is receiving adequate
treatment, and is on the mend. Outcomes like this are ideal and
demonstrate the important role of animal control and law enforcement
of icers as educators and community caretakers. This approach is
successful in nonemergent cases, in which the of icer is truly able to
conduct rechecks, and the owner can provide the care and treatment
recommended by the veterinarian to address the injury or condition.
Some communities offer programs that provide qualifying pet owners
with accessible and affordable veterinary care. In many investigations
you will ind that the owner wants to do the right thing for the animal
but does not have the means to do so. Subsidized programs often
provide the help pet owners need to care for their animals adequately,
and ultimately preserve the bond between animals and owners by
keeping the pet out of the shelter.
Figure 3.8 Examine medication closely for prescription information,

expiration date, and evidence of use.
3.11 Nonaccidental Injury and Trauma

Investigations of traumatic injury and physical abuse of an animal
require a swift response and keen interview skills. Because evidence of
abuse such as bruising, limping, and wounds can heal quickly, it is
important to facilitate veterinary examination of the animal and
interview witnesses and suspects as soon as possible after receiving the
report. A veterinarian will be able to uncover injuries through
examination, X-ray, and other diagnostics. Their medical record and
reports along with photos, videos, and test results can guide the
investigator to ask questions that will shed light on the facts that led to
the animal's injury or death. Likewise, information the of icer gleans
from interviewing witnesses and suspects can guide the veterinarian in
his or her examination and diagnostic plan.
Nonaccidental injury cases can include drowning, burning,
asphyxiation, beating (Figure 3.9), sexual abuse, shooting, and torture.
The list is as long as the list of injurious and assault crimes humans
commit toward one another. People who commit these crimes toward
animals may also be abusing family members or committing other
crimes in the community. Many are in need of professional mental
health assessment and services. Animal abuse cases should never be set
aside because the victim was “just a cat” or the owner “lost their
temper,” when disciplining their puppy.
Figure 3.9 There is a well-established link between animal abuse and
other violent crimes.
3.12 The Link Between Animal Cruelty and

Crimes Against Humans
You have learned about the Five Freedoms and know that animals
suffer and feel pain, and you understand these crimes must be
investigated on their own merit, but we must also remember that
people who willfully harm animals rarely stop there. Results of many
studies have established the link between animal cruelty and human
crimes. Linked closely to domestic violence, cruelty to animals is now
recognized as a valid “predictor crime” of spousal and child abuse [3].
According to a 1983 study, 88% of homes in which child abuse was
investigated also had identi ied instances of abuse of animals within the
home [4].
Always be alert to the possibility of other victims in any animal
investigation. Abusers frequently harm the family pet as a method of
controlling their human victim [5]. These are not uncommon scenarios;
they are at play within every community across the nation. By enforcing
animal protection laws, in addition to saving the lives of animals, the
investigator is disarming the cycle of physical violence within families
and communities.
3.13 Emergency Issues

Unfortunately, many animal welfare calls initiate with an animal in
crisis. In these cases, it is important the investigator respond with the
humane care of the animal foremost in their mind but remembering
that their investigation will require them to pay attention to all the
elements discussed in this chapter. A livestock animal that is down and
unable to stand on its own, or a dog with a gunshot wound, is an
example of a case that must be addressed in the moment to provide
care to the animal, whether through an emergency aid warrant
exception, exigent seizure, or the owner's swift and immediate action.
Some counties may allow animal control of icers to utilize
impoundment in these situations. Regardless of the means, the
investigator must ensure that the animal receives care.
It is always more dif icult to ind resources and create plans in the
middle of an emergency. Establish partnerships in animal control, law
enforcement, animal rescue and sheltering, and the veterinary
community, so when help is needed you will have these contacts
available to you.
References
1 NRCS (n.d.). Livestock nutrition, husbandry, and behavior.
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb10
43065.pdf (accessed 24 May 2021).
2 US FDA (n.d.). Center for veterinary medicine. Product regulation.
https://www.fda.gov/animal-veterinary/animal-food-
feeds/product-regulation (accessed 25 May 2021).
3 Arluke, A., Levin, J., Luke, C., and Ascione, F. (1999). The relationship
of animal abuse to violence and other forms of antisocial behavior. J
Interpers. Violence 14 (9): 963–975.
4 DeViney, E., Dickert, J., and Lockwood, R.(1983). The care of pets
within child abusing families.
https://www.wellbeingintlstudiesrepository.org/acwp_awap/15
(accessed 26 May 2021).
5 Ascione, F.R., Weber, C.V., Thompson, T.M. et al. (2007). Battered pets
and domestic violence: animal abuse reported by women
experiencing intimate violence and by nonabused women. Violence
Against Women 13 (4): 354–373.
Note
1 For example, see Body Condition System.
https://www.library.tufts.edu/vet/images/bcs_dog.pdf, accessed 30
May 2021.
4
Initial Investigation and Assessment
Linda Fielder
Cases of animal neglect and abuse may originate with the anonymous
report of an owner kicking their dog at the park, or a call of concern for
an emaciated cat the next-door neighbor sees from their window. A
veterinarian may report an owner's failure to provide essential medical
care for a horse with severe dental issues, or an appliance repair
technician may call upon inding birds in horrendous conditions during
a service call to the home of an animal hoarder.
Regardless of where a report originates, the resulting investigation is
guided by the knowledge of the basic needs of animals, and the
application of that knowledge to the animal and its surroundings.
Animal cruelty investigations are often compared to homicide cases
because of one important shared element: the victim cannot speak as a
witness to the crime. Because of this, the investigator shoulders the
responsibility of assembling the evidence thoroughly and precisely,
through use of all his senses, through photographs and documentation,
research, and interviews to piece together the elements of the crime
and work the case through from report to resolution.
4.1 Types of Reports

Reports of concern for an animal's welfare generally fall into one or
more of the following categories:
Emaciated animal(s)
Inhumane/inadequate living conditions
Injured or ill, lacking veterinary care
Physical abuse or killing of animal(s)
Animal ighting
Sexual abuse of animal(s)
Overworking or inhumane training methods, exhibition, or
exploitation of animals
Hoarding or overcrowding (Figure 4.1).
A working knowledge of your state's statutes, as well as county or

jurisdictional ordinances that apply to animals, is vital when receiving
and investigating reports of animal cruelty.
Figure 4.1 Many reports concern animals living in inadequate

conditions that can be observed from the public's view.
4.2 Anonymous Reports

While it is always preferable that the reporting party identi ies
themselves, anonymous complaints should not be disregarded as they
are usually legitimate. The reporting party often wishes to remain
anonymous because they fear retribution by the suspect, who may be a
neighbor, family member, or associate. If an anonymous complaint is
detailed and reasonable, it is in the agency's and the animal's best
interest to initiate a site visit or investigation.
4.3 Required Information

In order to provide a response, the following information, at a
minimum, is necessary:
Date and time the witness observed the incident/conditions.

Explicit address/location/directions where the incident occurred,
including a description of the property, building, vehicles, and any
other information the reporting party can provide that will guide
the investigator in inding the animals and/or the suspect.
Number and type of animals involved, including descriptions such
as breed and color.
Why the reporting party believes the animals are being neglected
or abused.
Any information the witness can provide about the owner/suspect,
such as name, physical description, place of work, vehicle
description, and license plate number.
Can the animals or their conditions be viewed from the road or
public property?
Are there any other witnesses to contact?
Has this incident been reported to any other agency? If so, what
agency and when?
After your agency receives the report, it is prudent, if staf ing and
resources allow, to con irm the address, review online maps of the
property, search relevant websites or social media posts that might be
related to the incident or suspect, and generally verify any information
provided that might inform you about the incident prior to contacting
the suspect or performing a site visit.
4.4 Response Triage

It is all too common that animal control, law enforcement, and animal
welfare organizations are working with limited resources, personnel,
and equipment. Due to these circumstances and others – including vast
geographic response areas, weather, holidays, etc. – an immediate or
same-day response to a report may be impractical or impossible. A
system for triaging reports can help ensure that investigators attend to
the most critical cases as soon as possible. When developing a triage
matrix for your organization, it is important to set realistic response
goals based on your agency's staf ing and resources. A sample triage
matrix might look like this:
Red (immediate response): Deceased or dying animal, or emergency
such as a dog con ined in a hot car, a horse stuck in looded pasture,
organized animal ight in progress, animal crime with human crime
investigation in progress (such as domestic violence).
Orange (response within 24 hours): Abandoned animals without food or
water, emaciated, ill, or injured animals, physical abuse with injury.
Yellow (response within 48 hours): Inadequate shelter (not life-
threatening), poor sanitation, hoarding/overcrowding, physical abuse
(no injury observed), overgrown hooves, or lack of grooming.
4.5 Legitimate or Not? How to Decide

Unfortunately, as is the case with any agency that accepts reports from
the public, some accounts that are iled with your of ice will be false or
exaggerated, which is both a frustration and a time waster for
responders. These calls can be the product of a family feud or dispute
among neighbors and may be completely unfounded. Most states have
laws in place that prohibit false reporting.
In other cases, the witness may disagree with the way an animal is
being housed or trained, but the reality is that the owner is providing
minimum care for the animal, as required by the laws in your state. As
an example, the reporting party believes that a dog should not be
secured by a chain to an outdoor doghouse. While most of us would
agree that dogs are companion animals that should not live on a chain,
in most states this is within the law, if all the components outlined for
the provision of minimum care and shelter are being met.
Though sometimes while obtaining information needed to generate a
case it will become clear the call is false or unfounded, most of the time
a site visit is required to make that determination.
4.6 Responding to Calls: Initial Site Visit

4.6.1 Using All Your Senses
The moment the property or location of the report comes into view, you
will begin using your senses of sight, hearing, smell, and touch to gather
information for your case.
As you approach the location, be aware of any animals you see
outdoors. Livestock animals may be easily visible, and you can assess
the condition of their available pasture, make note of their behavior,
and start to count the number of animals visible. A hoarding case may
offer clues to what lies inside a home or outbuilding by the smells and
sounds emanating from within (Figure 4.2).
Figure 4.2 The number of cats in this window offers a glimpse into
conditions inside the home of an animal hoarder.
4.6.2 Attempting Contact: No One Home/No Answer

All attempts by an investigator to contact an owner and gain access to
the animal(s) must be done through avenues within the laws of your
state regarding a citizen's expectation of privacy and private property.
Consult with your agency and your prosecutors to determine how your
state's laws will guide your decisions in this regard.
If you knock on the door of a residence and no one is home or no one
will answer the door, your investigation does not end there. You have
already taken notice of what you could see, hear, and smell from your
location in the driveway and on your walk to the door. Side yards, back
yards, and any areas behind a door or a fence, such as barns and sheds,
are generally considered off limits without consent or a search warrant;
therefore, do not be tempted to have a look around in these areas. Such
a decision is not only dangerous but is most likely unlawful.
To further your investigation, leave a card and instructions for the
owner to contact you immediately regarding a concern for their
animal(s). Agencies often ind it useful to have printed notices that
allow space to communicate with the animal owner, and which also
clearly identify your agency and provide (Figure 4.3) contact numbers
and email addresses.
Figure 4.3 Notices should be easy to read and posted in a conspicuous

place.
Make sure to record in the case ile the date and time you attempted
contact, as well as your notes regarding observations. This may be a
good time to attempt contact with neighbors who may be a witness to
the animal(s), and you can leave a card with your contact information
on those attempts at contact as well.
It is vital that you are responsive when a witness or a subject calls or
emails regarding a case. Make sure your voicemail message includes
your name and title, as well as the days you are on shift, and an
alternative contact within the department for urgent matters. Utilize
auto reply email features that will notify subjects if you are off shift and
when they can expect to hear from you. Check your voice mailbox and
email at least twice a day and follow up with contacts in a timely
manner during your work week.
4.6.3 Attempting Contact: Responsible Party Is Not

Home/Is Unavailable
It is not uncommon that the person who answers the door is not the
person who owns or is responsible for the animal(s) at issue. If this is
the case, collect the name and contact information for this person, who
may be a spouse, a roommate, or a family member. Write down your
contact information and ask them to give it to the subject. If they refuse,
you can post the notice and contact information on the front door, much
as you would if no one answered. These individuals usually do not have
authority to show you around a property when the animal owner may
have an expectation of privacy. If they do feel compelled to offer
information about the animal(s) or your investigation, be sure to record
those details in the case ile, along with the individual's full name, and
the date and time of your exchange.
4.6.4 Attempting Contact: Owner Is Home/Contact

Successful
If the animal owner is home and willing to speak with you, it is time to
employ your interview skills (see Chapter 5) along with your
knowledge about the fundamentals of animal care (see Chapters 2 and
3) to determine the following:
Who is responsible for the care of the animal?

How long have they had the animal?
How long has the animal been in that condition (thin, injured,
improperly housed, etc.)?
Ask the owner to describe their procedure for feeding, cleaning,
and medicating the animal.
What other animals does this person own or care for? Do others
co-own or assist with care?
What, if anything, has the owner attempted to remedy the
situation?
Who is their veterinarian? When did this animal last see a
veterinarian and what was the reason for the visit?
Is the animal in immediate danger or at risk of death?
Ideally the responsible party will prove cooperative, in which case you
should attempt to view the following:
The animal(s)
The animal's living environment
Available food and water
Any medication or vet records associated with the animal.
In nonexigent cases, in which you have a degree of con idence the

owner can and will work to remedy the situation for the animal(s), you
may choose to educate the owner and make recommendations for
correction. We will discuss this process in Chapter 8.
4.6.5 Attempting Contact: Owner Is Uncooperative

In some instances, despite your best effort and utilization of the
techniques for rapport-building, a subject may be uncooperative. The
subject may initially agree to show you the animal or its environment
but become agitated or uncomfortable as you pose questions to him or
her. They may appear defensive or belligerent or deny the animals are
in any way neglected, ill, or injured. This response can be especially
true in cases involving suspected intentional abuse. Always make note
of a subject's statements, including those in which they deny neglecting
or abusing an animal. You should also include facts about the subject's
demeanor and body language. For example, if the subject begins pacing
and yelling when questioned about a particular animal, make sure to
include those behaviors in your case notes.
Cases in which the owner is uncooperative may escalate to a search
warrant and seizure. If you have reason to believe the animals are
suffering, at risk of death, or that the subject may remove or alter the
evidence including the animals, a search warrant can be a viable option
for a rapid response. These types of cases will be discussed in more
detail in Chapter 9.
4.6.6 Unable to Make Contact

If your attempts to make contact prove unsuccessful, you may have to
explore other methods for conducting your investigation. Repeated
visits to a property offer opportunities to notice if there is actually
anyone living at the reported location. You may see your written notices
stacking up on the door, with no indications anyone has been home
since your investigation began. This could mean that the resident uses a
side door or garage entrance and has not seen the notices, no one is
living at the residence, or the subject is simply coming and going and
has chosen not to retrieve or respond to your notices. Other indicators
such as the location of vehicles, foot tracks in the snow, or accumulating
mail or garbage can all lend clues about whether someone is ignoring
your attempts to make contact. Oftentimes persistence pays off – if a
subject begins to realize that you will continue to visit them until the
matter is resolved, they may eventually decide to answer the door. If
not, there are other investigation methods you can employ that may
inform your next steps up to and including application for a search
warrant. Consider talking with the complainant again, interview
neighbors, other witnesses, or follow up on other information you have
learned that could prove helpful. In most cases it is not appropriate
simply to close a case because you cannot make contact, so be
persistent and think outside the box about ways to compel the subject
to talk with you or other ways to verify the legitimacy of the report and
complete your investigation.
4.6.7 Exigent Circumstances
First responders to reports of animal cruelty, or criminal activity in
general, may ind themselves faced with an animal in need of
emergency veterinary care without which death is imminent. You must
invest the time to understand from the prosecutors in your jurisdiction
what actions you can take to aid the animal in that moment, as well as
preserve evidence of the crime of animal cruelty (see Chapter 9 for
additional nuances of the emergency aid and exigency exceptions
[Figure 4.4] to the warrant requirement). Again, if you are acting as a
representative of any state agency, it is your duty to understand what
your state law permits in these emergency situations.
Figure 4.4 Understand what the laws in your state specify about
providing emergency aid to an animal in critical condition, such as this
downed horse.
4.6.8 Cross‐Reporting and Other Vulnerable Individuals
Animal cruelty investigations frequently uncover evidence of other
crimes or human health and welfare concerns. Children, family
members, partners, and the elderly can be victims of abuse in much the
same way animals are. Children, disabled individuals, and the elderly
are all particularly vulnerable to neglect, if they depend on others for
their daily care and support.
You may be mandated by law to report concerns for human welfare to
the appropriate agencies, and even if you are not a mandatory reporter,
it is prudent to contact human welfare agencies anytime you are aware
of the potential for human neglect or abuse, during the course of your
animal investigation. Make a list of all appropriate health and human
welfare agencies in your response area, as well as code enforcement,
ire marshals, and any other agencies that can respond to these types of
concerns so you will be able to contact them without delay.
5
Witness and Subject Interviewing
Linda Fielder
A thoughtful and thorough interview provides valuable information to

support an animal cruelty investigation. The subject of the interview
may be a witness or a suspect. Law enforcement and animal control
of icers are the most common interviewers; however, veterinarians,
veterinary staff, and animal shelter employees may ind themselves
conducting interviews when animal cruelty cases present themselves in
their clinic or shelter. An investigator or veterinarian who asks
thoughtful and open-ended questions, understands the importance of
building rapport with the subject, and conducts the interview in a
respectful and ethical manner will gain useful insight into the facts of
the case.
The interviewer bears the responsibility of asking questions that are
direct, speci ic, and easily understood. They must listen to, understand,
and ask for clarity when the need arises. A great interviewer is adept at
formulating follow-up questions that encourage the subject to elaborate
and offer additional details. A useful subject interview serves as a
roadmap for an investigation. By following up on information provided
by the subject, the investigator gathers the building blocks of the case
which will support or refute the evidence of the crime.
5.1 Preparation for the Interview

The more prepared and organized you are going into an interview, the
better the case will be served by the information you gain. Start by
taking the time to review the information you have available to you
prior to meeting with the subject. This may be the initial report,
veterinary records, social media posts, other interview notes, or
transcripts. Reviewing everything available will give you the
opportunity to formulate questions that will allow the subject to ill in
the blanks and provide direction for further investigation or next steps.
Look for elements of the crime that will need to be proven, statements
that demonstrate motive, and references to evidence that is missing or
does not add up.
5.2 Interview Location and Setting

Be thoughtful when selecting an interview time and location. Is this
interview best conducted in person or by phone? In-person interviews
are usually preferred, but if timelines and schedules preclude such a
meeting then a phone interview is better than none. When conducting a
phone interview, always make sure to ask questions that will verify the
identity of the person you are speaking to – note accents, word choices,
and other distinguishing verbal characteristics to help you recognize
that you are actually speaking to the subject and not someone else.
Note the ways you veri ied the subject's identity in your report so the
interview is accepted as valid.
Make sure the subject is able to speak to you without distractions.
Interviewing a subject at their workplace may make them self-
conscious or may not allow them to fully focus on your interaction, due
to noise and interruptions. The same may be true in a household where
there are many family members present. Depending on their
involvement in the case, a subject may feel nervous about meeting at a
law enforcement agency and might be less likely to cooperate fully with
the interview in this setting. The location of the interview should never
create an environment where the subject might feel trapped or
detained.1 With all these factors in mind, determine a meeting place
where the subject can speak freely, without fear of being overheard, and
without distractions.
You should also be certain that you, the interviewer, will not be
interrupted by phone calls, coworkers, radio transmissions, or other
distractions during the interview. Take steps to eliminate these
possibilities to the extent possible in advance of the interview.
Many interviews are conducted in the moment during a site visit, when
responding to a report of potential abuse or neglect. In these settings
you may be able to inspect the animal(s), their surroundings, and other
elements that will provide evidence in your case. Speci ic questions and
recommendations for these types of interviews are contained in
Chapter 4 as well as in Appendix A.
5.3 Miranda and Consent

When a suspect is interviewed by law enforcement or other agent of
the state in a custodial setting, the Fifth and Fourteenth Amendments of
the Constitution afford them due process rights (privilege against self-
incrimination, right to counsel) [1]. The Supreme Court of the United
States has found that, prior to questioning a suspect in that setting, you
must provide them with warnings of their constitutional rights [2]. If
you are a law enforcement of icer, you have been trained on Miranda
warnings and the circumstances in which they should be given, but a
court could decide to hold any individual acting as an agent of the state
to the same standard. Miranda warnings must be given in order to
question a suspect in a custodial setting [2]. Whether a setting is
considered “custodial” is determined by an assessment of all the
circumstances, such as the location, the duration, the statements made,
or physical restraint [3–5]. A court will evaluate whether a reasonable
person in those circumstances would have felt free to leave [6].
Similarly, if the suspect makes a confession, a judge will evaluate the
circumstances of that confession to determine if it was voluntary and
admissible. A confession is de ined as “any confession of guilt of any
criminal offense or any self-incriminating statement made or given
orally or in writing” [7]. The court can look at factors, such as the timing
of the confession in the context of the arrest or arraignment, or
whether the suspect knew the nature of the offense, or whether the
suspect had been advised of their right to an attorney and did they have
an attorney present [8].
If a suspect chooses to waive their rights and decides to respond to
your questions without an attorney present, they can also choose to
reassert them at any time during the interview. A suspect has the right
to remain silent and not answer any questions. A suspect is also
constitutionally protected when they decide to answer some questions
but invoke their right to remain silent on other questions [9].
A suspect has a right to an attorney and the minute they request an
attorney all questioning must cease. Although the suspect “must
unambiguously request counsel,” [10] such “that a reasonable police
of icer in the circumstances would understand the statement to be a
request for an attorney” [10], there is no set terminology for this
request. Statements such as “I think I should get a lawyer” and
“[m]aybe I should talk to a lawyer” have been upheld as invocations of a
suspect's right to counsel [11, 12]. If you improperly continue to
question a suspect after they have requested an attorney, that part of
your interview will be inadmissible as evidence. Be aware of your
surroundings and the statements made by the person you are
questioning at all times as they will be scrutinized later in court.
5.4 Building Rapport

There is a wealth of training materials and research available around
the importance of building rapport with an interview subject. Studies
have determined that particular verbal techniques as well as reading
body language and “mimicry” are helpful in establishing trust, which in
turn invites the subject to speak more openly, producing an interview
product that is more accurate, detailed, and helpful to the investigation
[13, 14].
Many individuals will be nervous and anxious at the prospect of being
interviewed, regardless of whether they are a suspect or a witness. You
can mitigate this through your demeanor and by beginning the
interview with some deliberate conversation, aimed at putting the
subject at ease.
The interviewer should invest time into building a rapport that may
alleviate some of the subject's anxiety. It may be tempting to start with
“small talk” about the weather or the local sports team, and while this
may do some good, really trying to relate to the subject through a
sincere mutual connection will produce more meaningful results [15].
Interviews are heavy with questions. Establishing a connection is a
time for you, the interviewer, to humanize yourself to the subject by
telling them something about yourself, ideally something they can
relate to. For example, if you approach a subject who is working on
their car's engine, you might offer up a story about a car repair that
vexed you in order to illuminate a common experience. It has nothing to
do with the details you will be questioning the subject about shortly,
but it goes far to build trust and foster open communication. It is also a
time for you to show empathy, an important trait to display to interview
subjects [16].
Your body language also in luences the subject's willingness to open up
to you. Some subjects will not immediately respond to your efforts to
build rapport and you will need to continue to make intentional efforts
to connect throughout the interview. Adopt a casual posture, with
hands and arms relaxed and visible. Indicate that you are listening by
showing interest, making eye contact, nodding, and so forth. Mirroring
is a behavioral technique in which the interviewer subtly copies a
subject's mannerisms and tone, as a way of building trust and showing
understanding. This is especially helpful when supporting a positive
interaction. In situations where a subject becomes angry or volatile, you
can often subdue them simply by adopting a demeanor that is the
opposite of theirs. If they begin to yell, you might lower your voice and
slow your speech in response, which will then encourage the subject to
mirror you [17].
Time invested in learning and practicing rapport-building strategies is
worthwhile. As you learn new techniques, practice them in casual
settings with friends and family, and gauge their responses as a way of
knowing what to expect in the ield.
5.5 Ask Clear and Direct Open‐Ended

Questions
After you have reviewed all materials available and determined the
goals of the interview and the information you are seeking to gain from
the subject, you may prepare your questions. When possible, questions
should follow the timeline of the case, though in some cases questions
may address details that happened even before the timeline of events
relevant to the crime. For example, you might begin by asking about
how a witness irst met the suspect and the nature of their relationship
prior to any of the events you are investigating. You want your subject
to feel as comfortable speaking with you as possible by the time your
most important questions are posed to them. Facilitate this by allowing
the subject to give you some background in their own words and
without interruption.
Interview questions should be open-ended. Open-ended questions are
ones that cannot be answered with “yes” or “no.” They require an
answer, as well as an explanation, and will supply you with important
details to consider in your investigation. Open-ended questions draw
out information. They also do not feed information to the subject by
telling them in advance the information you are seeking.
Consider the following examples of an interview following a report of a
man kicking a dog:
Example A
Interviewer:
“Did you witness the suspect in an angry and intoxicated state
yelling at and abusing the dog in the parking lot?”
Witness:
“Yes.”
Interviewer:
“Did you see the suspect kick the dog in the parking lot last
Wednesday?”
Subject:
“No.”
Example B
Interviewer:
“What happened in the parking lot between the suspect and the dog
last Wednesday?”
Witness:
“I was leaving my shift at the bank, and I saw a man and a woman
across the parking lot. The woman was crying, and the man was
grabbing at her little brown dog's leash. The man fell down twice
and was unsteady on his feet, but he managed to get the dog away
from her, falling to the ground a third time in the process. The man
was yelling at the dog. The woman was crying. She got into a black
car and got on her cell phone.”
Interviewer:
“What happened next?”
Witness:
“The man stood up and picked up the dog by the leash. It was
hanging a couple of feet off the ground and making an awful sound.
He tried to kick it but missed and then he slammed the dog down
against the pavement at least three times. The dog got away from the
man and kind of crawled back to the woman in the car and she
picked it up and drove away.”
Example B began with open-ended questions and led to the witness

supplying the investigator with some valuable details they can follow
up on:
While the man attempted to kick the dog, he failed in this and
actually committed other cruel acts toward the dog (hanging,
slamming).
Who was the woman with the dog?
Who did she call on her cell phone?
Because the witness disclosed that they work at a bank, the
investigator can follow up with the business to review security
footage of the parking lot on the date and time of the incident.
It is important to note that this witness is not going to know why the
suspect was harming the dog, so it is not necessary for them to
speculate on this. The value of this witness is their detailed account of
what happened and not why. The statement above should serve as a
foundation for the interviewer to pose additional, more detailed
questions about the length and type of leash the witness saw, any
particular words they could hear the suspect yell, and who else might
have been present in the parking lot or seen this incident through the
bank window.
You should not expect that any one interview will provide all the
information you need to inalize an investigation. On the contrary, the
most valuable interviews provide information that guides you to more
sources of information and additional witnesses. In the case above,
knowing the witness worked at a bank that most likely collects round-
the-clock surveillance video footage pointed the investigator to a
recorded account of the incident for analysis.
5.6 Suspect Interviews

The importance of setting the subject at ease, establishing rapport, and
building trust is no less important when the subject is the
investigation's suspect than when they are a witness. While the
ultimate goal of the suspect interview might be to obtain a confession,
this should not be the driving motivation when structuring the
interview. There may also be times when an investigator is faced with
interviewing a suspect in a case in which it is seemingly obvious, due to
the other evidence at hand, that the individual most certainly
committed the crime, but this decision may only be made by the courts
and the duty of the investigator to interview the suspect with integrity
and impartiality remains unchanged.
After you have introduced yourself, established rapport, informed the
suspect of their rights, and explained why they are being interviewed
and what to expect, it is time to allow the suspect to provide you with
their account of the incident at question. Begin by posing an invitation
to tell their story and allow them time to collect their thoughts. Try not
to interrupt or ask clarifying questions during the suspect's narrative,
allow them to pause to gather their thoughts as needed, and resist the
urge to ill their silence with questions. As the suspect offers you their
story, you will most likely identify pieces you will want to examine
more closely. Once the suspect has said their piece with minimal
interruptions, it is time for you to pose clarifying questions, introduce
evidence or elements of the investigation that the suspect may have left
out of their account, and address any blatant misinformation. Even
when digging deeper and posing questions that may cause discomfort
for the suspect, remember to ask questions in an open-ended way and
treat the suspect with respect. Your job is to probe and challenge the
suspect's account, as needed, while striving for accuracy and
truthfulness.
In cases with multiple suspects, interview each suspect separately, if
possible, and clarify any “we” statements made during the interview. It
is important to document each suspect's individual culpability for the
violation you are investigating. Ask direct questions about their
participation in the incident or role in the care of the animal. If a
suspect continues to use “we” statements in discussing the
circumstances leading to the alleged violation, try to narrow your
questions in order to get a statement that does not involve other
suspects. For example, if an emaciated dog is discovered in the care of
three brothers who live together and one of the brothers responds to
your questioning, “We all were in charge of buying the dog food.” You
should then ask clarifying questions like, “When was the last time you
bought the food?” or “When was the last time you fed the dog?”
Ensuring that you have statements speci ic to each suspect's
involvement in the situation is crucial for prosecutors in a case with co-
defendants.
5.7 Reading Body Language and Detecting

Deception
You have likely watched television shows in which highly trained
detectives identify a murderer based on the way the suspect glances to
the left or purses his lips during a critical point in the interrogation. The
science around micro expressions as an indicator of deception has
connected minute changes in eye movement, respiration, or mouth
movement to lying and deception. A less scienti ic understanding of
body language can be bene icial to investigators, without extensive
specialized training, if you think about it as the physical cues a person's
body transmits in response to stimuli. An individual displays body
language when the stimuli they are interpreting is pleasant or
unpleasant. When assessing body language, pay attention to not just
the way the person carries themselves, but also look for changes in
pitch and speech patterns, eye contact, and the words they use. In
response to a pleasant conversation a person will lean forward, nod in
agreement, stay on the subject, and usually speak in complete
sentences. If a conversation is unpleasant, the subject may display a
more closed-off stance, shift their weight, and even turn away partially
or fully from the speaker. They may gesture in a more exaggerated
fashion than the situation calls for, their voice assuming a higher pitch.
They tend to stutter, give incomplete answers, change the subject, or
draw others into the conversation. A subject's body language may be
relaxed and open at the beginning of an interview, and then begin to
display signs of discomfort as the questioning continues. Do not assume
this is always a sign of guilt, but be alert to changes in body language
that can inform your strategy and result in a more productive interview.
It is helpful to make note of signi icant body language cues when
writing your report after the interview. If the subject suddenly clenches
their ists and turns away from you during questioning, this is a
signi icant change in behavior that should be recorded [18].
5.8 Confessions
When a suspect confesses to neglecting, killing, or otherwise harming
an animal, they are taking responsibility for their actions. When
possible, an investigator should request the suspect to submit a signed
statement, which, along with their confession, outlines the suspect's
actions, and identi ies their motive. Confessions are useful, but only if
the confession is the truth. There are multiple reasons a suspect may
choose to confess to committing a crime before, during, or after an
interview. In some cases, the suspect may be overwhelmed with
remorse and guilt for their actions. They may know the evidence you
possess against them is insurmountable. There are also reasons a
suspect may offer up a false confession. They may be protecting
someone else or trying to create a diversion from additional crimes.
5.9 Ending the Interview

If at any time during an interview the subject voices a desire to seek
counsel, have their attorney present, or otherwise engage legal
advisement, a law enforcement of icer must stop the interview
immediately and cannot arrange for further questioning until the
subject has had an opportunity to obtain counsel. Make sure you have a
clear understanding from the prosecutors you work with what actions
or words suf ice as a request for counsel. This is a constitutional right
and courts construe what constitutes a request for counsel very
broadly.
5.10 Documenting the Interview

All interview notes must include the subject's name, address, and
contact information. Record the date, time, and location of the
interview as well as the names and addresses of any other individuals
present during the interview. While audio or video recording is the
most accurate and desirable method for collecting and preserving the
information gained during an interview, it may not always be practical
or possible. When relying on your notes and recollection of the
interview, it becomes even more important that your interpretation of
the information provided by the subject is accurate. Ask clarifying
questions and repeat the subject's statements back to them to check for
accuracy as you make a written record of the interview.
5.11 Additional Resources and Training

Strong interview skills are developed through training, practice, and by
observing seasoned professionals. There are excellent trainings
available through law enforcement agencies and organizations, and
numerous techniques have been developed around interviewing,
reading body language, detecting deception, and many other aspects of
the subject interview. Because the interview is so vital to the
development and prosecution of criminal cases, time and resources
spent developing your interviewing skills and increasing your
knowledge will be rewarded in the ield.
References
1 Constitution of the United States, Amendment 5 1791 (USA);
Constitution of the United States, Amendment 14 1868 (USA).
2 Miranda vs. Arizona, 86 St. Ct. 1602, (1966).
3 Then, L. (2015). Applying the 'cuffs: consistency and clarity in a
bright-line rule for arrest-like restraints under Miranda custody. Fla.
St. U. L. Rev. 42: 843.
4 Thompson vs. Keohane, 116 S. Ct. 457, (1995).
5 Howes vs. Fields, 132 S. Ct. 1181, (2012).
6 United States vs. Kim, 292 F.3d 969, (2002).
7 Corley vs. United States 556 U.S. 303, (2009).
8 United States Code Annotated, title 18, Pt II, chapter 223, s 3501(b)
1968 (USA).
9 United States vs. Jumper, 497 F.3d 699, (2007).
10 Davis vs. United States, 512 U.S. 452, at 459, (1994).
11 Wood vs. Ercole, 644 F.3d 83, (2011).
12 Abela vs. Martin, 380 F.3d 915, (2004).
13 Bailenson, J.N. and Yee, N. (2005). Digital chameleons: automatic
assimilation of nonverbal gestures in immersive virtual
environments. Psychol. Sci. 16 (10): 814–819.
14 FBI (2016). Interrogation: a view of the science HIG report.
https://www. bi.gov/ ile-repository/hig-report-interrogation-a-
review-of-the-science-september-2016.pdf/view (accessed 26 May
2021).
15 Collins, R., Lincoln, R., and Frank, M. (2005). The need for rapport in
police interviews.
https://www.researchgate.net/publication/27826896_The_Need_fo
r_Rapport_in_Police:Interviews (accessed 6 August 2021).
16 Biss, M. (2014). Philosophy Documentation Center. Empathy and
interrogation. Int. J. Appl. Philos. 28 (2): 277–288.
17 Frank, M.G., Menasco, M.A., and O'Sullivan, M. (2008). Human
behavior and deception detection. In: Wiley Handbook of Science and
Technology for Homeland Security (ed. J.G. Voeller). Hoboken, NJ:
Wiley http://dx.doi.org/10.1002/9780470087923.hhs299.
18 Matsumoto, D., Skinner, L., and Hwang, H. (2014). Reading people:
behavioral anomalies and investigative interviewing.
https://leb. bi.gov/articles/featured-articles/reading-people-
behavioral-anomalies-and-investigative-interviewing (accessed 6
August 2021).
Note
1 Note that this section discusses interviews in which the individual is
free to leave. There are strict laws that govern parameters of
custodial interviews, see Section 5.3.
6
The Veterinarian's Role in Animal Cruelty
Investigations
Kris Otteman
6.1 The Veterinarian is an Important Partner

in Animal Cruelty Investigations
A veterinarian's participation in an animal cruelty investigation is
important. The veterinarian is positioned to report on and testify to the
overall health and welfare of the animal(s) and has the training,
experience, and credibility required to speak to the pain and suffering
an animal experienced, and uncover evidence to help determine how an
animal died or was injured, or whether suf icient care was given to
protect the health of an individual or group of animals.
Veterinary expertise is often required to help answer legal questions as
to whether an animal victim's injuries were reckless, intentional, or
knowingly committed. Investigations bene it from the participation of a
veterinarian who can and will provide information that others involved
cannot be expected to contribute.
Veterinary forensics is the use of veterinary medical and animal
knowledge to identify, collect, and assess information vital in
determining whether a crime involving an animal was committed; in
some cases, how, when, and by whom. Veterinarians evaluate evidence
in all aspects of animal health and husbandry. Questions about
appropriate housing, sanitation, life stage care, and access to veterinary
care provide the base of information necessary for law enforcement to
investigate a potential crime. Veterinarians crack the code on many
complex issues such as time, manner, and cause of death or injury, and
can provide information that will be used to rule in or out a criminal
act.
Entities that call on the veterinary profession to provide assistance may
include law enforcement, prosecutors, agricultural experts, animal care
experts, animal control agencies, humane societies, and so on. Services
that veterinarians provide in animal cruelty investigations include:
assisting in the investigation itself by aiding in identifying important
questions and observations for the investigator to consider; assistance
at an animal crime scene or in processing evidence including live or
deceased animals from a crime scene; communicating results of
indings, which may include email and reports; witness or expert
testimony; and planning and oversight of medical and behavioral care
for animals involved in an investigation or otherwise in care in poor
condition or injured as a result of animal cruelty (Figure 6.1).
Figure 6.1 The veterinarian’s role includes evaluation of the behavioral
and medical status of each animal.
Veterinary forensics digs deep into potential mysteries around animal

injury or death and draws conclusions about potential criminal acts,
while mirroring the normal process veterinarians use in clinical
practice. The veterinarian gathers subjective and objective information,
makes an assessment, and delivers a plan for next steps (subjective,
objective, assessment, and plan [SOAP]). This information ultimately
results in a inal opinion and report that is provided to the agency
leading the investigation or in some cases directly to a prosecutor or
defense attorney.
The need for veterinary forensics is substantial and the lack of access
by law enforcement to draw on this expertise is often a limiting step in
addressing animal cruelty investigations. When veterinary resources
are not available, communities suffer signi icant risk of negative
consequences to people and animals. Veterinarians in every type of
practice have relevant knowledge and talent needed in this ield. By
engaging in forensics and developing an understanding of how to
contribute they become an asset to the process.
Remember, while the veterinarian is vital to the ight against animal
cruelty, they are not alone in protecting the welfare of animals. Every
state has criminal laws that require a minimum standard of care and
law enforcement, and prosecutors are charged with upholding and
enforcing these laws. Therefore, interdisciplinary cooperation between
the veterinarian, law enforcement, and prosecutor is crucial.
Combining veterinary expertise with a review of the applicable laws in
cruelty case investigations often reveals the cause and effect of human
actions or lack of actions toward animals. When an animal is found to
be unhealthy or to have died of a disease or injury, the veterinarian's
indings and the legal requirements for care provide guidance as to
whether the circumstances that contributed to the animal's illness,
injury, or demise meet the standard for criminal prosecution. For
example, in the case of an emaciated dog suffering from cancer and
receiving appropriate medical care, there is no maltreatment under the
law, while in the case of an emaciated dog chained to a tree in the
backyard, forgotten and without provision for adequate nutrition, there
is maltreatment, and the action is criminal by violation of the law's
requirement to provide minimum care. The veterinarian's role in
solving the case is to examine the evidence and determine the cause of
the animal's condition.
In addition to providing services as part of an investigation the
veterinarian or veterinary staff may be the irst to receive a report of or
to recognize animal cruelty. Many states have laws that require
veterinarians to report suspected animal cruelty and, in some states,
veterinarians are immune from criminal and civil action for reporting a
concern, if acting in good faith. When confronted with potential animal
abuse or neglect a veterinarian must consider the ethical, legal, and
obligatory aspects of reporting suspected cruelty and take appropriate
action.
6.2 The Veterinarian's Oath

Upon graduation with a doctorate in veterinary medicine the new
graduate swears an oath of dedication to the profession. This oath was
irst authored in 1965 and was modi ied in 2010 to include the words
“welfare” and “prevention … of suffering” [1]. This small change has far-
reaching meaning for the profession. Not only are veterinarians
responsible for expertise in animal and public health, but they are also
obligated to protect the welfare and prevent the suffering of animals
(Box 6.1).
Box 6.1 Veterinarian's Oath
Being admitted to the profession of veterinary medicine, I solemnly

swear to use my scienti ic knowledge and skills for the bene it of
society through the protection of animal health and welfare, the
prevention and relief of animal suffering, the conservation of animal
resources, the promotion of public health, and the advancement of
medical knowledge.
I will practice my profession conscientiously, with dignity, and in
keeping with the principles of veterinary medical ethics.
I accept as a lifelong obligation the continual improvement of my
professional knowledge and competence.
The oath underscores the duty of the profession to aid in responding to

animal cruelty. It is the veterinarian's responsibility to report cruelty
when suspected, and to intervene before the potential for neglect in a
client's animals becomes criminal. Animal welfare is the proper
treatment of animals. According to the American Veterinary Medicine
Association: “Ensuring animal welfare is a human responsibility that
includes consideration for all aspects of animal well-being, including
proper housing, management, nutrition, disease prevention and
treatment, responsible care, humane handling and when necessary,
humane euthanasia” [2]. In each instance of examining an animal, a
crime scene, or other evidence, the guidance provided to the
veterinarian by the veterinarian's oath and the relevant law provide
clarity to direct the actions of the veterinarian.
6.3 How Veterinary Forensics Differs from

Traditional Veterinary Medicine
Owing to the advancement and increasing specialization of veterinary
medicine and the recent expansion of the crucial role veterinarians play
in the ight against animal cruelty, the ield of veterinary forensics has
emerged. This specialized area within the profession is gaining
tremendous recognition, while establishing knowledge and practices
that bene it humans and animals in communities around the world.
Figure 6.2 The forensic veterinarian’s role includes examining physical
evidence and reporting on its signi icance.
Forensics is de ined as gathering evidence to evaluate whether a crime

has occurred [3]. The veterinary exam, which is well de ined by
academic training and practice, becomes a forensic exam when the
information gathered is used in this manner. Thus, any veterinary exam
could be used as evidence in a legal matter. Medical records and
opinions of veterinarians are scrutinized by colleagues, clients, and
others as a matter of normal business. The signi icant difference in a
forensic exam is that the information included may involve additional
detail and organization of information such as housing, behavioral
observations, extensive medical history, and husbandry. Ancillary
reports, photos, physical evidence, witness statements, investigators
notes, and other items not traditionally reviewed in clinical practice
may also become part of the forensic examination report (Figure 6.2).
The ield of veterinary forensics also varies from other specialties in
that it is not commonly a full-time focus in everyday veterinary
practice, but rather a skill that all practitioners may need to draw on as
part of their clinical and community duties when the need arises or
when they are called upon.
6.4 Veterinary Confidentiality and Medical

Records Requests
Maintaining con identiality protects privacy of individuals and respects
legal boundaries. Details about individuals or ongoing investigations
are not to be shared by professionals unless permission is given, or it is
necessary to further the investigation. Failure to understand and
respect these boundaries may have an adverse effect on the outcome of
an investigation and the legal process involving a case. During animal
cruelty investigations, questions about the boundaries of
con identiality and what information may be shared, with whom, must
be answered correctly.
In the practice of veterinary forensics, there are several aspects of
con identiality to consider. During an ongoing investigation, the
information gathered inclusive of all statements, reports, photos,
videos, or other evidence is to be protected and only shared with
individuals who are working directly with you on a case. This includes
scribes, technicians, laboratory staff, photographers, and even shelter
or rescue operations staff. When authoring reports and engaging with
others who assist you, make note of these individuals' contributions
and involvement by documenting this in the report.
When caring for live evidence in Protective Custody or stored evidence,
maintain strict chain of custody practices with the appropriate record
of individual involvement. Be proactive and inform others who are
assisting you that investigations are con idential. Be clear about the
boundaries of discussing the indings, posting on social media, or
talking with uninvolved staff or other parties.
Clear direction regarding communication helps to maintain
con identiality and reduce the potential for dissemination of inaccurate
information. Record th details of who was involved in communications
and what directions they were given in your notes for the case.
In the event medical records from another agency or veterinary
practice are needed, use a standard format for requesting records, and
include these records in their original format with the inal report,
preferably as an attachment. Individual states have laws pertaining to
veterinary record con identiality. Record requests may be made
without client permission, depending upon the state [4]. The licensing
board in each state or country is a good resource for current laws or
rules regarding records requests.
6.5 Public Information Considerations

Animal cruelty investigations are of high interest to the public and the
media. Veterinarians serving on a case must avoid talking with the
media, until the case is adjudicated. If sharing information with the
public is necessary, use a secondary resource, such as someone from
the public relations department or from practice management to talk
with the media. These individuals must have basic media
communications skills and understand the boundaries regarding what
can be discussed when an investigation and case is ongoing. Law
enforcement and prosecutors are an excellent resource if you are not
sure what the boundaries are in terms of discussing a case and need
help determining who should talk to the media and what, if any,
information may be released. In some cases, talking with the media
about the status of a case or alerting the public about needing leads and
a reward may be helpful. Know how and when to provide this
information to the media ahead of time so a mistake is not made under
pressure and in the middle of an active news story. See Chapter 14 for
additional information about media relations.
The veterinarian may provide information for release that is approved
by the law enforcement representative for the case such as breed, age,
medical indings, or details about how the animal was found. This
information may be used for the reward via a public information of icer
or other party (Box 6.2). By checking with law enforcement before
providing information, the risk of jeopardizing the case by releasing
con idential or investigatory information is eliminated.
In most cases, it is impossible for a veterinarian to remain completely
anonymous when reporting or assisting with an investigation. While
these situations may be emotionally charged and challenging, advocacy
for the animal(s) involved, consideration of other aspects of human
involvement such as child welfare or elder abuse, and the veterinarian's
obligation to confront the indings fairly and accurately based on their
knowledge are required.
Box 6.2 Case Example
Case example:
News release to media:
$2000.00 reward offered for information leading to arrest of
persons responsible for an animal abandoned in Washington Park
Forest. A two-year-old terrier cross was found abandoned in a crate
in a public area on Saturday. If you have information about this case,
please contact Sheriff Jones at 503-555-1122.
The forensic examination of evidence provides the essential insight

with which law enforcement and the criminal justice system will act but
is not the decider of the suspect's guilt or innocence. Inform colleagues
and clients about the veterinarian's obligation to recognize, report, and
assist with the ight against animal cruelty, and that the veterinarian is
not judge and jury in these cases, but rather called upon for expertise.
Generally, the public expects veterinarians to be animal advocates and
sees veterinarians as reputable and trustworthy. Failure to act casts a
shadow on the reputation of a clinician, while acting on behalf of an
animal is the expectation of the public. Do not allow fears about client
con identiality or retaliation prevent you as a veterinarian from acting,
when necessary, in an animal cruelty case. Consult with law
enforcement or the prosecutor if you have speci ic concerns regarding
anonymity, safety, or public information.
6.6 Conflicts of Interest

A con lict of interest may occur when there is a competing professional
or personal interest making it dif icult for an individual to follow
through with their duties in an impartial manner. A con lict of interest
becomes an issue if the appearance or evidence of bias arises and can
be used to discredit a veterinarian in court. The most common scenario
in which concern about a potential con lict of interest may surface is
with the veterinarian–client or veterinarian–employee relationship.
In community practice, veterinarians are paid by clients to diagnose
and treat their animals. In the event a veterinarian suspects a client of
potential animal neglect or abuse, the doctor may question themselves
as to whether objective and impartial opinions regarding the situation
are possible. An individual's loyalty is to the truth and the law irst. The
oath sworn upon graduation to protect animal health and welfare also
lights the path forward in circumstances that may seem unclear.
Remember that in many states and countries reporting animal cruelty
is required and affords inancial and legal protection for the doctor
involved. Many times, the veterinarian is the sole advocate for the
animal that has suffered maltreatment and, much like the teacher or the
doctor, in the case of children, is the professional with the knowledge
and obligation to detect and report abuse. Act on your concerns and
move forward with reporting and investigating appropriate suspicions
whenever necessary. When the investigation is completed, if bias is a
concern other veterinarians may be asked to review evidence in the
case to ensure elimination of this concern. Avoid being offended by this
situation, but rather view this as the appropriate safety net and second
opinion that will lead to a fair and legal outcome in each case. This
obligation goes both ways: you could be called upon to be the reviewer
in some cases as well.
Situations in which a veterinarian must consider recusing themselves
from involvement may include those in which the doctor has an
ownership interest in the animal(s) being investigated or is the subject
of the investigation. Employee–employer relationships may also have
an impact on an investigation. If the employment relationship makes it
dif icult to ensure impartiality and thorough analysis of the situation,
the veterinarian should not be involved in this type of case. This may
occur when an employee of a veterinarian is a suspect or somehow
involved in a cruelty investigation. Details with consideration for
privacy requirements about these relationships, such as the employee's
status (hired, ired, in good standing, and so on), must be provided to
the investigator, who is often a good resource in identifying potential
con licts of interest.
A suspect in an animal cruelty case may very well be a current or past
client of the veterinarian assisting in an investigation or reporting
potential cruelty. Again, provide details about these relationships to the
investigator. Client information about services provided and inancial
transactions are all relevant. This includes work previously completed
and paid for or failure to pay for services. Any other issues that have
arisen with the professional relationship must be fully disclosed.
Previous records of providing services or a client's failure to pay do not
necessarily conclude that a veterinarian cannot provide an expert
opinion without bias. Exchange of money for veterinary services and
failure to pay are all considered to be part of the routine business of
veterinary medicine, and a credible veterinarian would be expected to
hold inancial dealings separate from their opinions on the animal's
health and welfare. Always disclose this information to investigators to
ensure full transparency.
The possibility of a con lict of interest is considered on a case-by-case
basis and may occur even when nothing improper, illegal, or unethical
has occurred. Assuming the veterinarian can maintain objectivity and
fairness, the next question is will others believe the veterinarian's
opinions to be true? Unless a clear con lict is uncovered by an
investigator, the answer to this question is yes. Transparency to the
investigating agency is crucial in all cases. Be certain to explain
relationships, prior or current business dealings, or any other
information that may be relevant to the investigation.
6.7 Be Familiar with the Laws

Law enforcement and prosecutors depend on veterinary expertise
when determining if there has been a violation of law. Familiarize
yourself with the laws in your state so you are aware which are
relevant, and what speci ic requirements reside within each law. An
of icer may be investigating a “skinny horse” due to neighborhood
complaints that she appears to be malnourished, only to ind out from
an involved veterinarian that the horse is geriatric and under care for a
chronic condition resulting in adequate care but diminished condition.
A police of icer may not know the appropriate body appearance of
dairy versus beef breeds of cattle and so on. A veterinarian answers
these questions based on an understanding of the laws’ requirements
for care.
State statutes differ in the language used to describe animals, standards
of care, abuse and neglect, and how speci ic categories, such as
livestock or exotic animals, are de ined. The knowledge and experience
of the veterinarian guides law enforcement in determining whether a
violation of a statute has occurred.
6.8 How to Find and Build Knowledge in the

Area of Animal Law
Technology provides easy access to relevant governmental laws and
regulations that every veterinarian must know. Staying current only
requires time and access to technology or a printout of the latest
information. The laws of your state or country that are relevant to
animals are published on a regular basis and are worthy of a detailed
study. Consider reviewing these annually and keeping a tabbed paper
copy handy as a reference when you are working on a case and writing
reports. Reach out to other experts in your area to learn more about the
laws and how they are applied to animal cases. These experts include
prosecutors, defense attorneys, animal control of icers, veterinarians,
and law enforcement professionals. Sources for inding the latest
accurate information include state practice acts and veterinary medical
associations. Federal laws can be found on American Veterinary
Medical Association or government websites. The Animal Legal Defense
Fund (ALDF) maintains an organized database of current animal
protection laws [5].
6.9 Understand What the Prosecutor and

Law Enforcement Need to Know
6.9.1 Animal Neglect
Neglect laws speci ically call out the basics of animal care, including
food, shelter, water, and access to veterinary care, and are species
speci ic in some areas (Figure 6.3). The veterinarian evaluates the
evidence, including animals in some cases, and assists in determining
whether or not failure to meet the legal standards for care has resulted
in neglect. For example, 40 cats living in a hoarding situation may have
access to plentiful food and water but are so severely lea-infested they
are dying of anemia (blood loss). In this case the animal owner met the
standard of care for food and water, however, did not meet the standard
for sanitation or veterinary care, and as an outcome of this failure the
cats suffered or died.
6.9.2 Animal Abuse

Laws may include language that describes an individual's mental state,
such as “intentionally,” “recklessly,” or “knowingly” with regard to
causing harm to an animal (Figure 6.4). The veterinarian's examination
of evidence and knowledge can help the investigator determine
whether the injury to the animal was intentional or accidental.
Veterinarians understand the force required to break a dog's femur, for
example, and can provide an opinion as to how the injury occurred.
Degree of injury and the animal's ability to recover are also part of the
veterinarian's assessment. In a case of aggravated animal abuse, the
charge may stand if the animal is killed or permanently injured but be a
lesser charge if the animal can fully recover from the incident.
Figure 6.3 Evaluating overall animal husbandry and access to
veterinary care is a key responsibility of the veterinarian in matters of
potential animal neglect.
Figure 6.4 Veterinarians assist in ruling in or out the reported causes
of injury or illness by answering the question as to whether or not the
“story” aligns with the indings.
6.10 How Animal Cruelty Investigations

Surface and Become Active Cases
Investigation of animal cruelty or neglect cases begins with a report
from one or several sources. Private citizens are the eyes and ears of
our communities and the most common reporters of suspected animal
crimes. Local agencies responsible for investigating or referring these
cases compile the information and determine what complaints to act
upon. Most complaints are collected via phone or website reporting
mechanisms. Private community practice and specialty practice
veterinarians are also on the front line in recognizing and reporting
animal neglect or abuse. Veterinary professionals, including doctors
and staff, are more luent in recognition and reporting of animal cruelty
in recent years and may initiate a report that leads to an investigation.
Other sources include humane agencies, animal control organizations,
agriculture af iliates, social workers, and other in-home vendors such
as meter readers and repair personnel who may notice and report an
animal at risk or suspicious activities.
Some agencies are dedicated to the investigation of animal crimes and
others are a specialized department within an organization. All
government law enforcement agencies, whether local, state, or federal,
are sworn to uphold all laws including those relating to animal theft,
abuse, and other protections. Animal control agencies are on the front
line in cities and counties to enforce animal cruelty laws in some
jurisdictions and to educate on animal ordinances such as barking or
managing stray dogs, cats, or other animals. Animal control agencies
may be called upon to evaluate and lead or partner on investigating and
responding to potential criminal animal crimes.
A wide range of concerns are reported for investigations, some of which
fall into the category of an enforceable law, while others do not. For
example, keeping a dog on a tether in a yard without shelter may not be
against a code or law in some areas and is a violation of the law in other
geographic areas. Common concerns include sanitation, husbandry,
shelter, starvation, hoarding, abuse, lack of socialization, and organized
ighting. These reports are typically evaluated and triaged by the
organization to which they are reported. Agencies prioritize response
based on legal requirements and resources available. Being accessible
and willing to help is one of the most important attributes the
veterinarian brings to the ight against animal cruelty.
References
1 American Veterinary Medical Association (n.d.). Veterinarian's oath.
https://www.avma.org/resources-tools/avma-
policies/veterinarians-oath (accessed 6 August 2021).
2 American Veterinary Medical Association. (n.d.). Animal welfare: a
humane responsibility. https://www.avma.org/resources/pet-
owners/animalwelfare (accessed 30 May 2021).
3 Merriam-Webster (n.d.). Medical de inition of Forensics.
https://www.merriam-webster.com/medical/forensics (accessed 27
May 2021).
4 AVMA (n.d.). Con identiality of veterinary patient records.
https://www.avma.org/advocacy/state-local-issues/con identiality-
veterinary-patient-records (accessed 27 May 2021).
5 Animal Legal Defense Fund (2020). 2020 U.S. state animal protection
laws rankings. https://aldf.org/project/us-state-rankings (accessed
30 May 2021).
7
The Veterinary Exam and Treatment Plan
Kris Otteman and Zarah Hedge
The practice of veterinary medicine in the United States and around the
world is evolving quickly, as technology and specialization in luence the
way services to animals and their owners are delivered. The spectrum
of veterinary medicine is tremendous, and the variety of disciplines
that have emerged has transformed the knowledge and types of
intervention made on behalf of most living species on the planet. From
beekeeping and the health of honeybees and pollinators to marine
mammal rehabilitation, animal production, preservation of endangered
species, surgery, chemotherapy, and wellness care, the skills,
knowledge, and wisdom expected of and delivered by the veterinary
profession has never been so broad or so impactful. With this diversity
in specialization, and realization of the advantage of the expertise
provided by veterinary medicine in the ight against animal cruelty,
veterinary forensics has emerged as a new ield and is gaining
tremendous ground, while establishing knowledge and practices that
bene it humans and animals locally, nationally, and globally. The
utilization of veterinary expertise to evaluate evidence to rule in or rule
out a crime is now considered a vital part of any animal cruelty
investigation.
The veterinarian's traditional training and experience provide the
foundation of knowledge and expertise necessary to evaluate
circumstances regarding the physical health, emotional well-being,
husbandry, and other aspects related to animals and their condition.
Specialized training and resources are becoming available in the ield of
veterinary forensics and should be used to build upon the foundation
all veterinarians possess as an outcome of their academic training and
practical experience. Textbooks, published articles, lectures, and online
training on topics related to the veterinarian's role in animal cruelty
investigations are available to bolster any veterinarian's knowledge.
Examination and analysis of animals, both live and deceased, as well as
material related to their care, health, and environmental circumstances
are essential parts of almost every animal cruelty investigation. When
approaching the exam and analysis of animals and related materials –
feed, housing, medical records – the veterinarian must prepare by
studying the laws and codes pertaining to the care of animals in the
area in which they are working and utilize a standard and systematic
approach to the evaluation and documentation of indings. Having been
trained to examine and assess indings in a standard subjective,
objective, assessment, and plan (SOAP) format prepares the
veterinarian to transfer clinical training and skills directly to the
assessment of animals for forensic evidence. It is not the veterinarian's
duty to be judge and jury, but rather to provide accurate, high-quality,
and comprehensive information that becomes part of the overall
investigative process and adjudication of a criminal case.
The veterinarian's role in evaluation of animals and related evidence in
a cruelty case is an essential piece of the puzzle in the ight against
animal cruelty. The impact and far-reaching consequences to society as
a result of cruelty to animals are well known. In their oath of service,
veterinarians swear that they will strive to meet the obligation to
participate in this important work by contributing to the health and
welfare of animals.
7.1 Request and Review Evidentiary Material

Live animals or remains of animals may be presented for forensic
evaluation, and veterinarians may be asked to review all types of
evidentiary material including medical records, photographs,
videotape, email, food, medications, habitat, and so on. A request to
review and comment on photos, reports, or medical records without an
animal is sometimes requested as a part of an investigation and aids
those assigned in determining next steps or evaluating whether a crime
may have occurred.
When a law enforcement agency or other industry partner requests an
exam and assessment of any type of evidence, it is prudent to ask for
any related documentation such as: police records, photos, witness
statements, and other materials related to the case. This information
becomes part of the data the veterinarian works with to form an
opinion or conclusion. Ask the person requesting the evaluation what
the expectation is for format, for providing your opinion, and the
timeline within which you are working. In many cases a summary email
of your indings is adequate when evaluating photos (Figure 7.1) or
other physical evidence; in other cases a more formal report may be
required. It is appropriate for the veterinarian to request all available
previous medical information and review it prior to the exam. Include
previous veterinary records, laboratory results, and radiographs in
your overall evaluation of each situation when possible.
Create a timeline that summarizes key events prior to starting an exam,
participating in processing a crime scene, or evaluating any type of
evidence. This foundational information serves as documentation and a
reference to create reports. In some cases, law enforcement or
prosecutors have collected information that is relevant, such as other
medical records. In other cases, the veterinarian will need their
assistance and instruction as to what information is helpful. It is the
investigator's responsibility to request and gather the information for
the veterinarian to review. Gathering medical history is important in all
cases, but the police of icer or investigator may not know this. Inform
this individual of the importance of medical history, if available, and
how to get this information so that they can proceed with this task.
Figure 7.1 Evaluating photos of animals and their environment is an
essential part of the veterinarian's role in animal cruelty investigations.
7.2 Initial Steps

The veterinarian is the expert in evaluating physical health, medical
history, husbandry, and behavioral characteristics of the animal. It is the
veterinarian's responsibility to provide expertise in evaluating the
environment in which the animal has been living, and in assessing the
injuries to an animal, including how and when they occurred.
Combining all this information into a meaningful and accurate
conclusion establishes the veterinary forensic exam, which may then be
a part of the evidence presented to the court in a criminal case of abuse
or neglect (Figure 7.2).
If the veterinarian's indings and opinions are used at trial, they may be
provided in written form or in live testimony depending upon the
circumstances and the request of the investigator or prosecutor. This
may occur months to years after the time of the initial evaluation. An
excellent process for documenting and collecting details provides
assurance that, when called upon, the veterinarian will have the
information available and accurately recorded, in such a manner that
the report is essentially timeless.
7.2.1 Relevant History

7.2.1.1 History of Ownership of the Animal and Animal
Identification
It is important to establish who has owned the animal(s) involved, for
how long, any ownership transitions that have occurred, and to
document carefully any identifying features of the animal. If possible,
identify and consider anyone else who is responsible for the daily care
and husbandry of the animal, as it may become relevant in ruling in or
out nonaccidental injury and neglect, and identifying the party
responsible. Questions about ownership origin and history may include
how many people own the animal, is the animal under the care of an
agent or other responsible party, is there a boarding agreement
involved, how was the animal obtained and when and by whom, and so
on.
Figure 7.2 Thorough and well-documented examination of all evidence
is the foundation for establishing an opinion regarding potential abuse
or neglect.
Document in writing and with photography any collars, harnesses,

halters, or other items found on the animal or with the animal,
including it (loose, tight), type and material, tags, microchip, and
tattoos. Include kennels, containers, and other related items. Then
crosscheck indings with available ownership records. Photograph and
measure identi ication and all items found with the animal (Figures 7.3
and 7.4).
Figure 7.3 Take multiple views of signi icant indings. In this case the
dog’s body condition and loose collar is seen in this photo.
Figure 7.4 This photo clearly depicts how loose the dog’s collar has
become with weight loss.
7.2.1.2 Medical History and Care Provided

Gather and review all available medical history and include a short
summary of this information in your report. Create a timeline of
medical history and events that illustrate the key indings. Attach or
retain previous medical records that are referenced in your report.
Document your medical and behavioral indings in the usual SOAP or
other electronic medical records format that you are accustomed to and
include a standard animal cruelty investigations form used for note
taking during initial live or deceased animal exams. Once the exam is
complete, use all this information to generate your inal report that you
will submit to authorities. This report must include exam indings,
husbandry evaluation, timeline, conclusions, and relevant information
you have gathered in these initial steps. This same document will be
your reference for supplemental reports and in testimony at grand jury,
trial, or before a judge. Further discussion of the recommended
sections of a inal report are covered in Chapter 12. Additional details
about documentation of speci ic areas of the exam and other evidence
are to follow.
7.2.2 Overview of the Physical Exam Process for Live

Animals
Throughout the process of examination and evaluation of evidence
keep in mind that the inal goal is to conclude, if possible, how the
indings relate to the laws in your state. As in all clinical duties carried
out by a veterinarian, objectivity and integrity form the basis for the
inal assessment and documentation of indings and conclusions.
By creating a standard and systematic approach to the evaluation and
documentation of indings in each animal cruelty case presented, the
veterinarian provides a report that is objective, consistent, thorough,
and high quality. Veterinarians are trained to examine and assess
indings in a standard and consistent format. This methodology
prepares the veterinarian to transfer clinical skills directly to the
analysis of animals for forensic evidence.
A inal opinion, even if inconclusive, is an essential part of a veterinary
forensic report. It may be possible to rule in or out a gunshot for
example, but in the same instance it may be impossible to determine
the exact time or cause of death. Summarize and conclude what you
know and explain what you cannot conclude and why.
7.2.2.1 Preparing for the Exam

Animal cruelty investigations are rarely scheduled events, but in most
cases a few hours or minutes of preparation time are available.
Checklists, forms, and necessary basic equipment kept in a speci ic area
or in a kit that is mobile and easily accessible will eliminate last-minute
prep that can be fraught with forgotten essential items.
Most everything needed to create a comprehensive exam kit is standard
equipment in a veterinary hospital or inexpensive to acquire. Exam
tools include a stethoscope, otoscope-ophthalmoscope, and
thermometer. Supplies to have at the ready include sample collection
supplies for blood, feces, and urine, and labels and packaging materials.
Evidence collection supplies to have organized include paper
envelopes, polyester swabs, permanent marker, and sample containers
and tubs. Beyond the basic exam equipment, the essentials required are
photographic equipment, an evidence placard, examination record or
form, evidence log, and an appropriate scale. Verify the scale for
accuracy and record the time and date of this inspection. If you are
processing multiple animals, stop and check the scale on a regular basis
to ensure accurate readings. Additional details about the use of
photography and evidence collection are included in Chapter 10.
A checklist of basic equipment, forms, and items to include to prepare
for live animal exams are included in Appendix B.
7.2.2.2 Important Guidance for Photographing Examination

Findings
Include photographs of all signi icant indings as part of the
documentation during the physical examination. Supplement still
photos with video when appropriate. Each photo no matter how blurry,
bad, or irrelevant must be submitted with the discovery to a prosecutor.
Do not delete photos or alter original photos. Take as many as you need
to illustrate thoroughly your indings without wasting time on
unnecessary video or photos. Include the following views in
photographs during the physical exam, as available and relevant.
Always use an evidence placard to identify the animal and the case.
Include the following photos for all cases:
Far, mid-range, and close-up photos that demonstrate the overall

appearance of an animal including identifying features (Figures
7.5–7.7).
Capture ive views (Figures 7.8 and 7.9) (front, back, each side, and
from above) that clearly show the overall condition of the animal
and demonstrate important aspects of the animal's presentation
such as coat markings, sores, or other visible abnormalities.
Photographs and video that demonstrate behavior, appetite, ability
to eat, and other relevant indings.
Figure 7.5 Far-range photos demonstrate the overall location and
scale of a lesion on an animal body.
Figure 7.6 Mid-range photos provide context and detail.
Figure 7.7 Close-up photos reveal details that are not visible in
other views, such as margins of a wound, or presence of hair and
debris.
Mid-range and close-up photos of lesions, injuries, or any

abnormality with measurements when appropriate.
Photographs that demonstrate relevant immediate changes such as
grooming and matt removal, or wounds that are sutured or
bandaged.
Figure 7.8 Collect multiple views when photographing animals.

This photograph captures the dog’s identifying features as well as
her poor body condition score.
Figure 7.9 The aerial view of this dog clear demonstrates her
emaciated condition.
Ancillary and related materials such as embedded or loose collar
or halter, teeth that have been removed, or claws that were
damaged or not trimmed.
Medical supplies, medications, and food and supplements related
to the animal being examined.
Include normal and abnormal. If one eye is normal and the other
damaged, document both with photography and explain the
difference you are seeing.
In short, be thoughtful and concise with photography but do not spare

photos at the expense of failing to illustrate a relevant inding.
7.2.2.3 The Physical Exam: Quality, Consistency, and Efficiency

The forensic exam of a live animal includes the systematic aspects of a
traditional physical exam of an animal with several critical, noteworthy
differences. In documenting the exam use available charts and diagrams
to assist you in capturing the details you are inding. Include
observations, conclusions, and make detailed notes of relevant indings.
Document what is found and what is not found. For example, a
penetrating wound is discovered with an entry and exit wound, but no
evidence of the projectile is found during necropsy or on full body
radiographs.
Use a standard exam process and form to input your indings (written
or electronic), to ensure that details and steps of your exam will be
thorough, and the probability of forgetting a simple step such as
recording a temperature, or a microchip scan are less likely to occur. A
checkbox system for input of indings that denotes normal or abnormal
indings adds ef iciency and provides a guide that will help the clinician
complete accurate exams, even when many animals are involved (see
Appendix B for an exam form).
Include exam assistance and a scribe when necessary and possible,
especially in cases with multiple animals. Take into consideration the
order and importance of a thorough examination. If anesthesia or
sedation is required to complete portions of the exam, plan your
approach such that all the aspects of the exam that will bene it from
being done during this time are completed ef iciently. Oral, ophthalmic
(eye), otic (ear), and dental exam, for example, are easily completed
during sedation or anesthesia for radiographs, as are blood and fecal
sample collection.
7.3 Examination Key Elements

The information in the next few sections was drawn from [1].
7.3.1 Section A: Documentation, Identification,

Examination
7.3.1.1 Animal Identification
Clearly identify the animal using a written description that is thorough,
including age, sex, breed, weight, and color. Document any identifying
details such as tattoos, ear tips, tags, or microchip numbers. Unique
identi iers assigned to each animal should include a patient number
generated by software or manually assigned, and a case number
provided by the agency in charge of the case, and a unique evidence
identi ier. See Chapter 9 and 10 for further information about unique
evidence identi iers.
Example:
Adult canine, intact female, light brown, smooth coated, terrier mix
with no other markings.
Scanned with microchip scanner and AVID chip 1234567890
found on dorsum of neck between shoulder blades. Photograph
taken of number displayed on the scanner.
Patient ID: 12345678 Case Number: 2244. Animal known as
Sparkie and listed on the animal inventory as “S.”.
7.3.1.2 Begin Photographic Documentation and Continue

Throughout Process
Document and photograph the animal prior to starting your exam and
continue this documentation as necessary throughout the examination.
Include video documentation when needed to illustrate key aspects of
the animal's condition.
Examples:
An emaciated animal's willingness to eat and drink when the

opportunity is provided.
Abnormal gait or inability to stand on overgrown feet.
Lack of grooming and sanitation with mats that impede ability to
walk, see, eat, or hear.
7.3.1.3 Physical Exam Findings

Document the following details on individual records and in the inal
record for each animal's initial exam:
Weight in kilograms or pounds or estimated weight (i.e. livestock)

Temperature
Pulse
Respiration (rate, quality, effort, sounds)
Capillary re ill time and mucous membrane color
Hydration level based on clinical assessment
Otic and ophthalmic exam notes
Findings by system including:
Integumentary
Cardiovascular
Respiratory
Musculoskeletal
Gastrointestinal
Urogenital
Neurological
Document each system as normal or abnormal and, if abnormal, include
an explanation for this inding. When writing the initial report and
including physical exam indings, explain the normal range and species
differences. For example, if this is an equine and canine mixed case and
the normal heart rate range for horses is 36–40, and for dogs is 80–140,
include this information and an explanation as to the species and size
difference, so that these basic data are not left open to interpretation.
In cases with multiple animals, consider summarizing the animal
identi ication and key elements of the physical exam indings. This
provides an ef icient way to communicate overall indings and create a
snapshot of speci ic relevant case indings.
For example, entering body condition score (BCS) for all animals
involved in a large case into a summary or a spreadsheet and then
calculating an average illustrates the overall condition or demonstrates
how some animals' body condition was adequate while others' were
not.
7.3.1.4 Radiographic Examination

Radiographs provide useful baseline information in most cases, and it is
surprising what may be unexpectedly discovered as a result of a good
series of radiographs. In some cases, such as gunshot wounds or
fractures, additional speci ic radiographic studies may be helpful.
Take whole-body diagnostic images whenever possible for any case of
suspected nonaccidental injury or repeated trauma cases in small
animals. These cases bene it from whole-body views, which may reveal
unsuspected indings that are relevant. Multiple broken ribs or healed
fractures of ribs (Figure 7.10) or long bones that cannot be detected on
a physical exam will surface on radiographs and allow for an estimation
of age of injury.
Accurate and complete labeling of each radiograph is essential and
includes the animal's unique identi ier and clinic name. In some
situations, imaging is not available and, if this is the case, make notes
regarding the circumstances.
7.3.1.5 Body Condition Score

When completing the physical exam it is essential to assign a BCS using
a published system (Purina or Tufts) and include this in the
documentation for each animal [2–6]. Include the de inition of the
score established and, if possible, include pictures that demonstrate the
score you have assigned. Whenever possible, the BCS determination
should include a “hands-on” assessment (Figure 7.11) of each animal.
Explain the relevance of this inding as it relates to the overall condition
of the animal.
7.3.1.6 Injuries
Evaluate the entire animal for acute or chronic injuries and scars, and
document these using standard language, descriptions, and templates
that show the outline of ventral, dorsal, and side-view aspects of the
animal when needed. Measure injuries, including size, circumference,
and depth, and describe color and appearance. Estimate time of injury
and document any drainage or bleeding. Use drawings and photos to
further illustrate your indings. In documenting scars, use the same
principles of templates, drawings, and photos. Scars that indicate
previous injury may be cause for follow-up radiographs of the area in
which the scar is found. As an example, in the instance of dog ighting
injuries with scarring to head and forelimbs, damage to facial bones
and the long bones of the forelimbs may be visible radiographically.
Figure 7.10 Radiographs reveal unsuspected indings that are relevant,
such as evidence of both fresh and healed rib fractures in this cat who
presented with a rear leg fracture.
Figure 7.11 Hands-on body condition scoring is a valuable tool for

most species.
7.3.1.7 Use Sight and Smell

Use sight and smell to further describe exam indings. Urine-saturated
matted fur and scalding of skin, staining of hair, pressure marks or
sores from con inement, chronic infection from embedded collars, and
other indings all require description that includes the smell and sight
and how these are linked to the animal's suffering and harm. Document
and collect samples if foreign substances are detected by odor, sight, or
otherwise. This may include accelerants, pollutants, or other debris,
such as plant material, or projectiles, such as an arrow or pellets. To
collect and preserve samples, cut hair with scissors and store in a
labeled paper envelope. Any samples that are damp or organic must be
stored in paper or cardboard containers that are not airtight so they do
not become moldy thereby changing the viability of the sample as
evidence (see Chapter 10 for further information about evidence
packaging).
7.3.1.8 Coat Condition and External Parasites

Breed- and life stage-speci ic information about the appearance, odor,
and care of the animal's fur or feathers, and relevance of these indings
is important. Otherwise healthy kittens that are lea infested may be
suffering from life-threatening anemia. Lack of grooming by owners
and the dogs themselves may result in loss of vision, chronic skin and
ear infections, and even severe injury caused by entanglement of
extremities in matts that leads to strangulation, vascular necrosis, or
loss of toes or limbs. Poor husbandry, including inappropriate
temperature and humidity can lead to dysecdysis (improper shedding)
in reptile species, which can also cause strangulation, vascular necrosis
and loss of digits or limbs. Describe and photograph coat condition and
the type and quantity of parasites seen including location, ratio of live
or dead, and the signi icance of these indings. Consider scanning the
entire body with an alternative light source in cases in which you may
ind bodily luids or disease that will be highlighted with this technique.
7.3.1.9 Feet, Claws, Paws, Hooves

Examine, document, and swab the extremities of the animal as needed,
making note of normal and abnormal indings. Include photos of
overgrown claws or hooves, and infections or other indings. Poor hoof
care of an equine becomes a life-threatening emergency when it causes
the cannon bone to rotate and sometimes protrude through the bottom
of the foot. Overgrown claws in dogs and cats may be evidence of
overall neglect, or in some cases simply a missed trimming that can be
easily taken care of and is not a criminal violation. Torn and shredded
toenails in dogs or cats (Figure 7.12) may result from vehicular trauma
and being dragged. Cat nails may shred because of the animal hanging
on while being pulled along the carpet or other fabric or from being
thrown and using claws to “hang on.” Typically, shredded nails because
of vehicular trauma will be broken and contain dirt or other road-
related materials. Nails that are shredded because of the animal
hanging on most commonly retain shreds of whatever material the claw
contacted to stop the force or pull away. Consider looking for skin,
blood, fabric, and ibers. Take photos of this damage and collect and clip
toenails for analysis of DNA or iber if relevant. Label and store in paper
envelopes. Take care in documenting the appearance, deviation from
appropriate or normal, and the consequence for the animal of these
indings.
7.3.1.10 Oral Exam

Document a thorough oral exam whenever possible. Include a
description of the teeth, gingiva, and oral mucosa, and use a dentition
chart and a species-speci ic numbering system when documenting.
Describe tooth loss, damage, calculus, odor, and relevance to the health
of the animal. Estimate the time that is required to accumulate tartar, or
for teeth to abscess and fall out. Explain the relevance of indings, such
as chronic stomatitis or chronic upper respiratory tract infection with
pharyngeal drainage that may impede the animal's ability to smell or
eat for example. Describe dental fractures and damage in detail and
with photos.
Figure 7.12 Evidence gathered from feet or claws can contain
important details. Shredded nails indicate an attempt to escape and can
contain valuable information about the environment and event.
7.3.1.11 Sample Collection

Collect relevant samples during the physical exam including screening
for infectious disease, baseline laboratory tests, fecal, urinalysis, or
other specialized tests as deemed necessary. Review results of fecals
prior to administration of anthelmintics to ensure proper
documentation of types of parasites and incidence.
7.3.2 Section B: Behavior Observations

The physical exam process is an excellent time to document each
animal's overall attitude, comfort, pain score, and demeanor. Reporting
observations about behavior and the relevance to the animal's
condition is an essential part of a thorough exam. Include observations
and assessments of the animals as a group or herd if relevant, and
individually whenever possible. Document behavior using written
observations, photography, or video. Make certain when possible that
no external noise, including people talking, is included during video
used in a forensics examination.
Information about proper socialization or the lack of socialization,
abnormal behavior as a result of con inement or boredom that causes
stereotypic behavior, fear, or pain responses all give insight into the
overall health and care of the animal. Use current knowledge about how
to evaluate an animal's temperament and behavior in the exam room,
home, or shelter environment, or even at a crime scene, and document
this in addition to the medical indings.
Behavioral assessment contributes to determining a prognosis for
future behavioral care, rehabilitation, and placement of the animal if
this becomes necessary.
Include details and descriptions and explain how you evaluated the
animal using a standard format for this process each time an exam is
done to maintain quality and consistency in the process.
Examples of behavioral observations relevant to establishing standard
of care and overall conditions the animal has lived in:
Dogs found kenneled, cowering, and hiding in small kennels at a

crime scene that are unsocial, unable to walk without fear outside
of their enclosure, and do not have any experience in responding
to a collar or leash have all the hallmarks of being unsocial,
unhandled, and undomesticated. These observations may be
relevant in describing a hoarding or breeding operation.
A dog that cowers when a hand is raised to pet her may be
exhibiting a behavioral indication that she has been abused by
striking or has had negative experiences that condition this
response.
Circling within a kennel by dogs or stall “weaving” by a horse may
indicate the animal has been held in this con ined housing for an
excessive amount of time resulting in abnormal behaviors.
Examples of how behavioral knowledge assists in analysis of cause of
injury:
A veterinarian's knowledge about normal behavior can also help to

af irm or deny a rendition of events as to how an animal was
injured. Do the reported series of events align with known animal
behavior that is relevant? A cat thrown by an individual out of
anger would not typically lee from that person by running past
them unless there was no other route. A cat found strangled by a
leash off a balcony may require further investigations to determine
nonaccidental injury versus a cat who allegedly jumped off the
second story and caught her leash, resulting in strangulation. A
cocker spaniel with a fractured femur presented as a result of
“playing ball in a small apartment” is not consistent with normal
canine behavior or the force required to fracture a healthy femur;
thus further investigation reveals the dog having been thrown
down the stairwell.
These are examples of how behavioral observations and assessment

can relate directly to cruelty investigations. Knowledge about animal
behavior is an essential part of solving the forensic puzzle.
Behavioral observations from a crime scene report provide valuable
insight into overall assessment of the case, including the cause and
effect of indings that otherwise would be challenging to determine
(Box 7.1).
Box 7.1 Example
Example: In a herd of 30 horses known to be housed together long

term and receiving approximately a quarter of the calculated food
required daily, you ind 24 have a BCS of 1–2 and 6 have a BCS of 6.
Your behavioral observations include herd attributes such as
stallions competing for food, and foals and mares being pushed and
fought away from the manger, thus unable to access daily nutrition.
Dogs held in groups may exhibit resource guarding and food
aggression, leaving the smallest or least aggressive with wounds and
starving.
The history of the animal's behavioral characteristics, observations
made while in care, and those collected during examinations and
treatments are all relevant aspects of a cruelty case.
7.3.3 Section C: Evaluating Pain

Pain is de ined by the International Association for the Study of Pain [7]
as “an unpleasant sensory and emotional experience, associated with
actual or potential tissue damage, or described in terms of such
damage.” Pain is a complex experience that involves both sensory and
emotional components. Because our patients cannot express pain
verbally, we must rely on our understanding of their behavioral cues to
alert us to their pain. Pain is an important piece to document in every
case and aids in demonstrating the severity of the cruelty. An owner's
failure to provide veterinary care to their animal(s) may lead to
prolonged pain and suffering. While an individual's response to pain
may differ based on myriad factors (age, health status, species, etc.), it
is reasonable to assume that if a condition is painful to humans, it will
also be painful to animals. There are charts for dogs and cats that can
be used as a guide for perceived pain with various conditions.
Behavioral signs of pain can include changes in body language
(including squinted eyes, head down, crouched, or hunched position),
absence of normal behaviors (like grooming, playing, mobility), or
presence of abnormal behaviors (like aggression, vocalization, reduced
activity, loss of appetite, and hiding). These behaviors can be species
speci ic, and it is important to understand normal behaviors and those
associated with pain in the particular species being examined and
worked with.
Pain, whether acute or chronic, should be evaluated, treated, and
documented. Pain scores are evaluated and assigned based on physical
exam and behavioral observations and applied consistently, using a
known pain score technique when possible.
7.3.4 Section D: Additional Diagnostics
In today's clinical world there are many diagnostic tests and services
available to veterinarians. When approaching a forensic exam
remember that a physical exam and behavioral assessment coupled
with what you know about the history and presentation of the animal
are the foundational data points required. Next, decide how to
approach additional diagnostic tests most ef iciently, thoroughly, and
realistically (Figure 7.13).
Choose diagnostics that are relevant in an individual case or in a multi-
animal case based on your knowledge and assessment of all the data
you have collected thus far. Perform appropriate screenings that are
relevant to the region, species, or breed-speci ic conditions or diseases
(Figure 7.14).
Figure 7.13 Approach selection of additional diagnostic tests
ef iciently.
Figure 7.14 Radiographic density as demonstrated via imaging may
illustrate metabolic bone disease.
Opt for tests that will provide the most information with a realistic eye
on expense. To say that cost is not relevant in assisting with cruelty
cases is naive, and in many cases initial indings, physical exam, and
history guide the veterinarian to accurate conclusions. Do not leave out
necessary tests and jeopardize your reputation or report but be
prudent and explain your decisions in your reporting. If resources for
baseline diagnostic testing are not available, clearly document this and
describe what the plan and implications of not having these data may
be (Box 7.2).
Customize the diagnostic plan with the goal of determining the cause of
the animal's condition and circumstances in mind. Focus on tests that
will best assist in developing a treatment plan and opinion about
prognosis. When examining an individual animal presented with
suspected starvation, the clinician must rule out other causes of
emaciation, thus a case such as this requires complete blood count,
serum chemistry panel, fecal, urinalysis, and survey radiographs, as
well as observations while in care to assess appetite, swallowing, and
digestive capabilities. Whereas in assessing a large population of felines
from a hoarding case, surveillance of the population with fecal analysis
and respiratory polymerase chain reaction (PCR) panel testing of 30%
of those who are ill will guide clinical decisions and assist in
determining if these tests are necessary in all patients.
Box 7.2 Example
Example: In the 74 cats examined in the Smith hoarding case fecals

were not completed due to lack of access to laboratory funds. A
course of comprehensive lea and tapeworm treatment was
prescribed based on the physical observation of leas and the high
probability of intestinal tapeworms. A course of dewormer for
feline ascarids was administered to each cat based on the
probability of the presence of these parasites. This treatment is safe
and effective.
Chain of custody in sample collection, handling, and evaluation is

important in any forensic exam. When possible, collect and run
laboratory samples in-house with documentation as to who assisted or
provided the expertise to do the test and who documented the results.
Doing diagnostic tests this way improves chain of custody compliance
and eliminates the need to verify who, what, when, and where the
sample was handled outside of your control and the need to call on
outside laboratory employees to testify. When samples are sent out of
house and the chain of custody cannot be veri ied, the results may be
excluded from testimony and therefore may impact the outcome of a
case.
7.3.4.1 Other Tests or Screenings

Consider screening for toxins, analysis of feed or supplements, or other
environmental substances as appropriate. Resources for speci ic testing
include conventional veterinary diagnostic laboratories, veterinary
colleges with laboratory testing capabilities and specialty testing
availability, and private agencies that specialize in testing, such as
detection of chemicals or DNA analysis in animals. Con irm that the
laboratories you choose to use are familiar with animal evidence
samples and can adhere to chain of custody requirements and
documentation.
7.3.4.2 DNA Analysis

For DNA analysis in an investigation use a commercial DNA sampling
kit whenever possible. As an alternative a sexual assault kit used for
humans contains the necessary items and is readily available. Always
consult with the lab you intend to use for analysis ahead of time for
speci ic guidance regarding how to collect and preserve the sample.
Store this material in a secure area until sending it out for analysis. This
is useful in analysis of familial genetic information and may also be
used in comparisons done by criminalists.
7.3.5 Section E: Special Considerations

7.3.5.1 Evidence Packaging
Evidence collected during live animal exams or scene processing must
be labeled, preserved, and protected in accordance with standards
established by law enforcement professionals. This includes items
collected during the exam such as toenails, teeth, matted fur, or
nonbiological items such as collars or harnesses.
When collecting specimens such as blood or urine, use the proper chain
of custody documentation and keep samples stored in a secure location
until they are processed. Make a note of who did the processing or
where the samples were sent by using a log or other document that
serves as a reference.
(See Chapter 10 for additional detailed information on evidence
collection and processing.)
7.3.5.2 Multi‐Animal Cases

When processing cases with multiple live animals, consider appropriate
population screening and data collection using ready-made forms and
spreadsheets, and decide what diagnostic plan is necessary for each
animal. The direction given by the veterinarian in charge or by the
investigating agency based on resources, as well as the nature of the
case, may all weigh into determining the need for overall screening
tests and individual testing. Ultimately the veterinarian is the decision
maker.
Once triage and initial examination of a population are complete, the
veterinarian is responsible for formulating a plan that may include
follow-up diagnostics on select animals or a representative number
within the population to provide necessary data and evidence related
to the care of the animals and the investigation of the case.
7.3.5.3 Animals That Cannot Be Handled Safely

Be prepared to document and care for animals that a veterinarian may
not be able to initially complete a physical exam on or care for without
sedation or anesthesia owing to safety concerns. This situation can
occur with any species ranging from wild horses to unusual species in
the reptile family, to aggressive dogs, and feral cats.
When dealing with animals that cannot be safely handled, provide safe
housing and habitat that minimizes stress, delivers proper nutrition,
can be cleaned properly, and allows for frequent and thorough
observations of the animals so that notes can be made about
conditions. Use video and photography as appropriate. If immediate
treatment or diagnostics are needed and cannot be done with normal
restraint, consider the use of sedation or anesthesia. In using these
methods, create a safe plan for administration, delivery of services,
documentation, and recovery. This may be the only way, for example, to
attend to wounds or to overgrowth of hooves on an equine victim or
attend to the immediate care requirements of seized feral dogs who are
injured or must be safely vaccinated for rabies to be held in care.
Consider the safety of the people and the animals involved in all cases
and be creative about how to document the conditions found and
deliver the necessary care.
7.3.5.4 Diagrams
Charts and documents that illustrate indings are immensely helpful in
case documentation. Consider including standard dental
documentation, skin indings such as stab wounds, abrasions, hair loss,
or other visually de inable indings. Creating a diagram that illustrates
where and under what conditions animals were found helps deepen the
reader's understanding of your indings. Include standard forms and
grid paper in your investigations kit so that you are prepared with
these tools as a supplement to your documentation.
7.3.6 Section F: Documentation

7.3.6.1 Tips for Summarizing Overall Findings
Upon completion of the live animal exam all indings are collected using
individual exam forms, follow-up exam notes, laboratory or
radiographic indings, and other important medical and behavioral
information, and can then be used to create a meaningful summary. If
more than one animal is involved in the case, an analysis of the indings
is created by organizing this individual information in a manner that
provides an overview of the characteristics and analysis of the
population. All this information becomes part of the veterinarian's
forensic report and conclusions.
For example, in a hoarding case of 120 cats, each cat will have an
individual medical and behavioral examination report and all the
relevant data for the population are collected in a spreadsheet that is
then used to summarize the overall indings within the population.
Data may include age, sex, breed, description, weight, feline leukemia
virus (FeLV), feline immunode iciency virus (FIV) testing results, BCS,
illnesses found, and diagnostics used. Summary assessments are
helpful and illustrate the overall impact to the population as well as the
individual animals (Box 7.3).
Box 7.3 Example
Example of note in inal report: The 120 cats in the Smith hoarding
case were 85% adults (over six months of age), 75% female, all
intact (not spayed or neutered), and 35% tested positive for FeLV on
their initial snap ELISA (enzyme-linked immunosorbent assay) test.
I diagnosed severe upper respiratory disease in 75% of the cats and
kittens by physical exam. We completed respiratory disease panels
on 30% of the population, with 100% of these samples showing
positive results for herpes, calicivirus, and mycoplasma.
In the summary the author pulls all the data and opinions into a
concise, clear, and reader-friendly dialogue that illustrates the overall
themes and summarizes indings. This section also explains how the
author is developing opinions or conclusions, and explains the impact
and prognosis for the animals involved. The intent of the summary is to
educate the reader about what the indings mean to the animal(s) by
taking all the detailed clinical information that has been collected and
explaining its relevance (Box 7.4).
Box 7.4 Example
Example: 118 large breed dogs and 33 horses were examined after a
search warrant execution. All the dogs were weighed and assessed
by a veterinarian trained in body condition scoring, using the
Purina Body Condition System. The dogs’ body body condition
scores ranged from 1 to 3 with an average for the population of 2. Of
the 33 horses all were examined and assigned a body condition
score of 1–9 using the Heineke method. The average BCS in this
group was 5 with 10 of the adults scoring at 5 or above.
Summarizing data, by calculating percentages of the population with

speci ic indings, such as dental disease, retrovirus infection, upper
respiratory illness, or emaciation, illustrates the overall health of the
population as well as the individual animals.
7.3.6.2 The Veterinarian's Report and Conclusion

The conclusion of the written report includes the veterinarian's
analysis of the situation from an animal health and welfare perspective
and clearly describes the veterinarian's opinion as to how the evidence
supports this opinion. Clearly state the inal opinion regarding the
impact to the animal(s), their prognosis for recovery, care required, and
to state relevant knowledge of the laws governing animal health and
welfare and how the indings relate to these laws.
All the work done to review, analyze, and evaluate evidence, including
written communications, reports, and other documents, photography,
videography, physical examination details, and information gathered
onsite, is brought together in the form of a well-organized and logical
report that includes the heading, introduction, narrative, indings,
summary, and a conclusion. This report is then submitted to law
enforcement, or in some cases directly to a district attorney.
When compiling your report, select a consistent format with which you
become familiar and pro icient. Always include layman's terms as a part
of the written text. The use of technical and layman's terms together
ensures that indings are clear, do not require signi icant translation,
and helps avoid misinterpretations. Remember, your report will be read
and utilized by law enforcement professionals, lawyers, possibly grand
jurors, judges, or citizen jury members. Keep this in mind when you
write, and include descriptions and language that translates for these
individuals (Box 7.5).
Box 7.5 Examples
Example(s): The dog was severely emaciated (skin and bones,

exhibiting severe loss of body fat and muscle) with a BCS of 1 (a
normal/healthy BCS for a dog this age is 5–6).
The kitten presented with severe scleral hemorrhage of the right
eye (rupture of blood vessels on the white surface of the eye) and a
broken lower right mandible (jawbone).
The introductory and narrative portion of the written report includes

information relating to how the case was presented, who is involved in
requesting the veterinarian’s services, time, date, and other
information. The indings section of a report includes all the data and
detail collected including physical exam indings and general laboratory
indings. The summary brings the indings to conclusion. Once the body
of the report is completed, wrap up with a inal succinct statement of
indings and conclusion. This is the area of a report in which to address
the impact to the animal's physical health and welfare. Include physical
indings and husbandry information that had a positive or negative
impact on the animal, and address the behavioral and emotional needs
of the animal. Explain whether or not pain and suffering occurred and
whether it is ongoing or not. Address exam indings and communicate
your opinion regarding the prognosis for a full, partial, or no recovery.
Articulate whether the animal has suffered permanent injury or died as
a result of a particular action or inaction. Succinct language in this area
of the report gives the reader a clear understanding of the case and
provides law enforcement, a prosecutor, or a defense attorney with
information necessary to formulate the next steps.
Be speci ic and tell the truth. Include all medical and behavioral
indings. If the femur was broken causing severe pain and lack of use of
the leg, and the prognosis for healing is excellent, this is the place to say
so. If the leg was damaged beyond repair and had to be amputated,
causing chronic pain and changes in the animal's behavior or abilities,
say so.
Bringing all the indings together to form your expert conclusion is
essential. This is the bottom line. Do not create a clif hanger. If you do
not know what happened, or cannot conclude, say that, and say why. If
you know what happened, but you are not sure how, say so. If you are
certain about what happened, and what the outcome will be, say so.
Review what you know about the entire situation and include your
assessment of whether the care given met minimum standards, or
whether temporary or permanent damage to the animal occurred. You
can also describe in detail the severity of neglect, absence of veterinary
care, or evidence of intentional abuse. Call attention to the speci ic
statute that is relevant in the case if appropriate (Box 7.6).
(See Chapter 12 on report writing for additional information.)
Box 7.6 Example
Example: In the absence of external accidental damage such as

trauma from a vehicle which would cause scraping, skin damage, or
other abrasions, these injuries and the cause of death are consistent
with blunt force and sharp force trauma to the dog that was
delivered in an intentional manner by a person. The initial trauma
that the dog suffered caused severe pain and damage to his body.
The subsequent multiple stab wounds resulted in fatal damage to
his body, and he died of pulmonary collapse and blood loss. These
injuries are consistent with Aggravated Animal Abuse, ORS 167.322.
7.4 Ongoing Responsibilities of the Veterinarian

Consultation, development, and supervision of treatment plans also fall
under the veterinarian's purview. Depending upon the circumstances of
the case an animal may remain in care or hospitalized and require
detailed plans for treatment or surgery, or may be rehabilitated and
rehomed once released.
7.4.1 Treatment Plans

When animals come into the care of a shelter or veterinary hospital as
an outcome of an animal cruelty investigation, the status of the animal
must be clearly communicated to the veterinarian because ownership
status or Protective Custody may impose boundaries regarding
decisions regarding the care and availability for adoption of the
animals. Regardless of the legal status of the animal, the veterinarian's
treatment plan must include all reasonable measures to save the life of
the animal and address and prevent suffering. This includes medical
care, surgery, and even euthanasia when necessary. If ownership is in
question, limbo, or still assigned to a private individual, the
veterinarian must develop treatment and care plans that include
relieving suffering and improving the medical and behavioral well-
being, but do not perform elective and nonessential services such as
sterilization or microchipping.
Caretakers rely on the veterinarian's plan to instruct them on
individualized care. Make certain that treatment plans are developed
and communicated in a timely and thorough manner. Never allow an
animal involved in a neglect or abuse case to go without the proper
access to veterinary care once in custody.
Treatment plans also include recommendations for rechecks as needed
and timelines for continued veterinary services. The resources of the
agency providing the care are an essential part of the response and
must be used judiciously and with open and frequent communication
regarding decisions and the associated cost.
With clear relinquishment of ownership and approval by the law
enforcement or prosecutor partners on the case, the animals become
free to move toward adoption if possible and restrictions for
nonessential services are generally removed.
7.4.2 Recheck Exams

During an animal's continued care the veterinarian is responsible for
establishing an appropriate plan for follow-up and recheck exams.
Continued recording of the on-going care and status of the animal may
become part of the case ile and requires the same quality and
thoroughness of process used during the initial exam (Box 7.7).
Box 7.7 Example
Example: A dog found emaciated and with a body condition score of

1 with no underlying causes of weight loss, such as neoplasia or
renal failure, and a willingness to eat and drink normally and gain
weight will be con irmed by the veterinarian as a starvation case. A
dog found in the same condition but with documented palliative
medical care provided by a veterinarian will likely not be deemed a
cruelty case.
All recheck and follow-up treatment plans for Protective Custody

animals are handled as any other medical care for animals would be,
keeping in mind that record keeping and detailed medical notes are
paramount. It is important that medical staff and veterinarians follow
their prescribed treatment plan to the letter, including recheck exam
dates. A missed or tardy medical recheck could be interpreted as a
careless or negligent misstep. Often the initial veterinarian attending to
the case and ordering the treatment plan is not available to provide the
follow-up. This does not jeopardize the care or the case but emphasizes
the importance of following the plan or documenting changes in the
plan that are ordered in subsequent treatment and care.
Monitoring the rehabilitation and progress, as well as addressing any
decline in condition, is the veterinarian's responsibility during the
animal's entire stay in Protective Custody. Remember, these animals
may be exposed to infectious disease and common shelter illnesses at
any point during their evidentiary hold. Animal shelter staff and foster
caregivers must be made aware of how and when to contact the
veterinarian for emergency and follow-up care.
7.4.3 Supplemental Reports and Updates to Case Partners

If animals remain in care, set a regular interval to provide a summary
update to the law enforcement professional involved, or to the
prosecutor. These updates can be in the form of a written supplemental
report, if there is signi icant information to relay, or concise emails
reminding these individuals what is happening with the animals.
Examples of the need for supplemental written reports include
laboratory or necropsy results, euthanasia decisions, or movement of
animals to foster care. These reports are always provided in writing as
an email or a new document, depending on the content and the
preference of the prosecutor. It is essential to maintain a regular low of
information to the regulating agency and the prosecutor. A
veterinarian's initial and on-going indings may in luence additional
charges or guide a law enforcement partner's further actions on the
case. The prosecutor is the individual with ultimate responsibility for
the evidence once charges have been iled and, for that reason, needs to
be fully aware of any changes/updates.
7.4.4 Emergency Treatment, Euthanasia, and Necropsy

Decisions
When an animal involved in a cruelty investigation presents in severe,
life-threatening distress, it is the veterinarian's responsibility to make
an assessment and address the needs of the animal immediately.
Delivery of urgent or emergency care is appropriate and necessary in
some cases, and lack of clarity around the next steps that will be taken
in the case should not stand in the way of the doctor advocating for
treatment and relief of suffering immediately. The veterinarian must
make the necessary moves to get the animal the medical care needed
and direct a plan for diagnostics as needed. In most cases, pain relief
and delivery of hydration or appropriate medications provide stability
and relief to the animal while the next steps in the case are determined,
and a long-term prognosis and plan can be created. The worst outcome
in a situation such as this would be that irst responders to a case stall
in decision making and prolong the suffering of an already neglected or
abused animal.
In the case that immediate euthanasia appears to be the only possible
next step, the veterinarian should document with photos and written
notes why this conclusion was drawn, and decision was made. In this
instance euthanasia may be carried out in accordance with American
Veterinary Medical Association (AVMA) euthanasia [8] guidelines. The
veterinarian should then decide if a forensic necropsy is warranted. It is
advised in most cases that this is in fact an important next step and will
establish overall medical indings.
Whenever possible, signi icant medical developments and plans,
euthanasia decisions, and necropsy plans shall be made in consultation
with the lead animal cruelty investigator and/or a lead prosecutor if
one is in place.
7.4.5 Documentation of Cost of Care

In any animal cruelty investigation thorough and accurate recording of
the cost of the investigation of the case and the care of individual
animals and groups or populations of animals is an important part of
the medical record. Financial information may be requested as part of a
court case for purposes of establishing whether care was suf icient, or
for reimbursement or restitution purposes, or for the veterinary
practice or agency involved to use for budgeting and planning.
Regardless of the reason, this information may be requested, so it is
prudent to proactively track this as a part of your involvement in the
case from the initial exam, through on-going treatment, and until inal
disposition of the animals.
If a cruelty or neglect case is adjudicated, the court may have the
authority to award restitution to the individuals or agencies who
provided care to the animals involved. For this reason, and for
budgetary analysis, careful tracking of expenses related to the animal's
care is an important activity and another item that must be included in
the regular updates to law enforcement or the court. Expense tracking
may include boarding fees, treatments, medical care, necropsy,
laboratory expense, supplies, and all other items and resources used to
provide care to the animals. These expenses are tracked at cost to the
agency providing the care, which includes inventory and staff expenses.
The agency or individual veterinarian providing the services for law
enforcement may invoice the agency as they would any other client and
that agency may try to recover the expense in award of restitution or
other means. Whenever possible, determine who is paying for services
ahead of time.
Veterinarians and agencies providing the care must not count on this
court awarded payment as it is up to the court to decide how much, if
any, restitution is owed and/or ordered to be paid. Reimbursement for
services in part or in full is not guaranteed. Reimbursement requested
is calculated based upon the cost to the agency or individual who
provided the services. The court will decide whether or not to order
restitution in the form of money and the amount and payment
schedule. When this occurs, it will be documented as part of the court
order given to the individual convicted of the crime and when it is
established that the services were provided and not paid for in any
other manner.
7.4.6 Conclusion: Bringing it All Together

Draw on your training, knowledge, and clinical experience to approach
a forensic exam of a live animal. Use a standard format, when possible,
for collection of information and have the proper tools and equipment
or check lists at the ready.
Remember to document using words that describe sights, sounds,
smells, impressions, and conclusions that illustrate your indings to the
layman and nonmedical reader. Keep in mind that documenting what
you do not ind may be as important as what you do ind in some cases.
The veterinary opinion about what the animal experienced, felt,
endured, or lost because of abuse or neglect gives voice to the situation.
The impact of animal cruelty goes beyond the animal and may have
devastating consequences for children, seniors, domestic partners, and
others in our communities. The veterinarian and those confronting an
animal cruelty case are the experts that can bring fairness to an
accusation and advocacy to an otherwise silent victim.
References
1 International Veterinary Forensic Sciences Association (2020).
Standards document for the forensic live animal examination.
https://www.ivfsa.org/wp-
content/uploads/2021/05/IVFSA_Veterinary-Forensic-Live-Animal-
Exam-Standards_Approved-2020_With-authors.pdf (accessed 6
August 2021).
2 Purina Mills (n.d.). Body condition scoring.
https://www.purinamills.com/2.purinamills.com/media/PDF/Cam
paignsAndEvents/Horse-Body-Condition-Scoring-Sheet.pdf
3 Merck, M.D. (2008). Appendix 21 Tufts animal care and condition
scale. In: Veterinary Forensics (ed. M.D. Merck), 291–292. Oxford:
Blackwell Publishing Ltd
https://onlinelibrary.wiley.com/doi/pdf/10.1002/9780470344583.
app21 (accessed 21 May 2021).
4 Tufts (n.d.). Body condition system.
https://www.library.tufts.edu/vet/images/bcs_dog.pdf (accessed 30
May 2021).
5 Tufts (n.d.). Nutrition and body condition.
https://www.library.tufts.edu/vet/images/bcs_horse.pdf (accessed
30 May 2021).
6 Teng, K.T., McGreevy, P.D., Toribio, J.-A.L. et al. (2018). Strong
associations of nine-point body condition scoring with survival and
lifespan in cats. Journal of Feline Medicine and Surgery 20 (12):
1110–1118. https://wsava.org/wp-
content/uploads/2020/08/Body-Condition-Score-cat-updated-
August-2020.pdf (accessed 6 August 2021).
7 IASP. (n.d.). IASP guidelines – IASP. https://www.iasp-
pain.org/Guidelines?navItemNumber=648 (accessed 27 May 2021).
8 American Veterinary Medical Association. (2020). AVMA guidelines
for the euthanasia of animals.
https://www.avma.org/sites/default/ iles/2020-01/2020-
Euthanasia-Final-1-17-20.pdf (accessed 27 May 2021).
8
Setting Expectations and Monitoring
Compliance
Linda Fielder
Not all investigations result in a criminal citation. One of the most

important roles of the investigative team is that of advocate and
teacher. In many cases investigators, veterinarians, and animal welfare
professionals use their expertise to guide and educate owners on
proper nutrition, adequate shelter, necessary medical care, and humane
training methods as a irst line of response to reports of neglect and
abuse.
To say all animal owners will do better if they know better is
unrealistic, but when you begin by educating an owner on the steps
they must take to provide proper care for an animal, you also set a
foundation for a criminal citation should the owner fail to rectify the
situation in a timely and appropriate manner.
In order to resolve a case through education, investigators must set
clear and reasonable expectations for the owner and then be diligent in
monitoring and con irming follow-through. Managing these cases can
be time consuming. They require commitment and the same attention
to detail in the recording of progress and compliance as cases where
citations are issued right out of the gate. These cases can also be the
most rewarding, and a positive resolution for both the animal and the
owner reminds us of the reason animals and humans share such strong
bonds.
8.1 Education and Guidance vs. Citation

Certain types of cases will always be dealt with as a crime when they
are discovered. Animal ighting, animal sexual abuse, and willful
physical abuse of an animal are examples of cases where education in
lieu of citation is not appropriate. These cases require law
enforcement's attention to and acknowledgment of not only the
severity of the animal crime, but also the connection to other serious
crimes that occur simultaneously.
These types of cases are best worked through the cooperation of
multiple agencies. Animal ighting goes hand in hand with drug and
irearm dealing, racketeering, and even human traf icking. Animal
sexual abuse often occurs alongside sexual abuse of minors and child
pornography. Physical violence toward animals has a well-documented
link [1] to intimate partner violence and child abuse. Cases must be
worked carefully, as the individuals known to participate in these
crimes are dangerous and the stakes are high when their crimes are
uncovered. We will cover each of these types of cases in more detail in
Appendix A of this book and list the agencies that must work in
partnership with you throughout the investigation.
8.2 Passive Neglect and Lack of Resources

On the other end of the spectrum, investigations often lead us to
animals without adequate shelter, in need of veterinary care or
grooming, or not receiving food of the proper quantity or quality. In
many of these cases the animal's owner is unaware of the issue, or if
they do recognize the problem, they lack the resources to make the
necessary changes. Financial barriers are some of the most common
reasons owners fail to provide minimum care to their animals. An
individual may have a strong bond with their pet but have no extra
income to pay for veterinary care to treat an illness or disease that left
untreated will result in suffering and possibly even death. These types
of cases can cause frustration and heartache for investigators.
Veterinary care for pets may be out of reach for individuals living in
poverty. Poverty coupled with housing restrictions may mean dogs and
other pets live outdoors, without adequate shelter from the elements.
In homes where animals are not spayed and neutered, they reproduce
until owners ind themselves overwhelmed by litter after litter of
offspring they now must provide for. Livestock owners may be faced
with mobility or other issues as they age that prevent them from
providing the same level of husbandry and upkeep for their stock that
they were able to for years prior.
When evaluating these types of cases consider whether this situation is
best addressed through criminal citation, education and monitoring, or
some type of community resource to help the owner correct the issues
affecting their animals (Figure 8.1). Consider a solution for the problem
at hand as well as the likelihood that, once resolved, the individual will
be able to provide proper care for their animals in the long term. A one-
time donation of hay to a horse owner who has fallen behind due to loss
of employment may be the assistance that individual needs to get back
on their feet. Conversely, the same donation would do little to correct a
situation where the owner has become disabled and can no longer care
for their horses that have been underfed and chronically neglected for
months to years. A thorough interview will aid you in determining
which path to explore.
Figure 8.1 Many cases can be resolved through education and
compliance monitoring.
Figure 8.2 Subsidized programs that provide spay/neuter and
veterinary care help owners overcome inancial barriers.
Some communities have programs in place that can give aid to animal
owners experiencing inancial hardship, homelessness, domestic
violence, or illness. They may be connected to a nonpro it organization,
animal shelter, veterinary clinic, or neighborhood food bank (Figure
8.2).
Become familiar with these resources in your community and then be
thoughtful about referring animal owners to them. These types of
organizations operate with limited funds and are not the cure-all for
every neglect case, but in those cases where there is a likelihood that
the owner will be able to continue to provide care for their animal after
receiving assistance to spay and neuter their pets, accessing veterinary
care, or constructing an appropriate shelter, they can be a solution that
improves the situation at hand, maintains the human–animal bond, and
keeps the pet out of the shelter.
In the case of a 13-year-old poodle living with a senior owner on a ixed
income, the best outcome for the animal, when discovered in a matted
condition but otherwise healthy, may be to connect the owner to
resources that offer assistance with grooming services, rather than
issue the owner a criminal citation on the spot. In this case, the
investigator acts as a community steward and even though the case
may require some monitoring and follow-up before it is closed, odds
are the outcome will be favorable for the animal, the owner, and the
investigating agency.
Sometimes owners ind themselves overwhelmed by the cost of caring
for too many animals. In these cases, you can help with rehoming by
engaging the services of animal shelters and encouraging the owner to
rehome some or all of their animals. This helps reduce the inancial
burden on the owner and removes the animals from an environment in
which their needs were not being met.
8.3 Education
In this age of technology, when seemingly everything you need to know
is just a click of the mouse away, you might believe there is no reason a
pet owner should be ignorant to the type of care an animal requires.
While it is true an abundance of information is readily available
through the internet, keep in mind it is also full of contradictory
information, that utilizing technology is still beyond many people's
reach, and that while the internet is a source of information about
animal care and husbandry for many, it has also become a robust
marketplace for buying, selling, and giving away animals.
Thorough interview techniques can shed light on whether a failure to
provide proper care is most likely due to the owner's lack of knowledge
about the animal's needs, or willful or reckless negligence. If you feel
the owner may truly lack adequate knowledge, you might take the
opportunity to offer guidance and education.
Law enforcement and animal control of icers, veterinarians, and animal
welfare professionals can educate owners on the aspects of minimum
care for animals they are familiar with. It may be well within your area
of expertise to educate an owner about providing a rabbit with an
enclosure that is safe, clean, allows for exercise, and provides adequate
shelter from the weather. If the animal in question happens to be an
exotic reptile you have never seen before, rather than guess or
misinform the owner, refer them to a veterinarian who treats reptiles or
another reputable expert.
Animal care and control professionals are constantly working to
increase their knowledge about care and husbandry, which helps them
educate owners in the ield. Veterinarians are animal experts trained to
diagnose and treat illness, injury, and disease, and provide animals with
preventative care such as worming and vaccinations to keep them
healthy. If the case involves an animal that is sick or injured, make sure
the animal is seen by a veterinarian for treatment. Resist the
temptation to offer medical advice or endorse home remedies for ill or
injured animals in lieu of veterinary care. Always ensure that sick or
injured animals are seen by a veterinarian familiar with the species in
question.
8.4 Setting Expectations

When is it appropriate to set expectations and allow subjects time to
correct situations before elevating the case to the level of criminal
citation or seizure? Most importantly, the animals involved must not be
in immediate risk of serious injury or death. In areas of the country
where winter temperatures fall below zero, an investigator would
address a dog without adequate shelter very differently in January than
they might if they investigated the same case in May.
When you have determined the animal is not in immediate danger and
you feel it is appropriate to allow the owner time to rectify the
problems you have identi ied, make your expectations clear to the
owner and con irm they understand what is expected of them as well as
the timeline by which the corrections must be made. A standardized
form, which allows you to record the issues in need of correction, is
useful in making your expectations clear and providing a written record
of your instructions to the owner (Figure 8.3). An example notice to
comply form is included in Appendix C.
Using a horse with overgrown hooves as an example, you would take
the following steps to set expectations:
Determine the horse can stand, walk, and access food and water
easily.
Determine there is no immediate concern for serious injury or
death.
Ask the owner if they have a resource for farrier work and if they
can commit to arranging hoof trimming for the horse within a set
time (two to three weeks may be reasonable).
Ask the owner if there are any barriers ( inances, temperament of
the horse, access to services) to providing the service within the
time frame you have set.
Relay your expectations to the owner verbally and in writing.
Include contact information for any resources you have suggested
and the approximate date you will return for a recheck. Take a
photo of the notice to comply for your records.
Ask the owner again if they are con ident they can correct the
identi ied issues within the time you have set, and let them know
you will be checking on the horse to make certain care was
provided.
Make detailed case notes that include the information outlined
above and set a calendar request or other reminder for follow-up.
Figure 8.3 Compliance notices are a useful way to communicate
instructions for correcting issues.
This procedure can be modi ied for most cases in which the
investigator believes the owner can provide adequate care to the
animal(s) within a certain period of time. This type of approach can
prove valuable because it places the responsibility for coordinating or
providing care on the owner and establishes that they are aware of the
changes they are required to make to bring the level of care to an
acceptable level. These approaches require follow-up and rechecks as
well as a plan for next steps or citation if the owner does not follow
through as suggested.
In most cases you can and should require the owner ix any violations
that are causing immediate risk to the animal before you leave the
premises. Empty water bowls and troughs should be illed with fresh
potable water, hazards should be removed, and the area and the animal
should be deemed safe before your departure. Most investigators carry
fresh water and a small supply of at least cat and dog food in their rig in
the event an owner is not able to ful ill those requirements in the
moment.
8.5 What You Can and Cannot Require

If you are a code or animal control of icer, you may be enforcing
ordinances that place a limit on the number or type of animals a person
living within your jurisdiction may possess. You may also enforce
licensing or facilities permit ordinances, which can be effective tools in
working cases involving more animals than an owner can adequately
care for. If this is the case, it is usually within your authority to require
an owner to reduce their number of animals if they are in violation of
an ordinance. If there are no ordinances like this in your area, or your
job does not include enforcement of such ordinances, you may be
limited in your lawful ability to require that an owner dispossess
themselves of their animals as a condition you would include in a
compliance plan.
If you are not able to utilize a statute or ordinance to reduce animal
numbers in a case, you can still encourage the owner to make that
decision by offering resources such as relinquishment to a shelter or
rescue. In some cases, it may seem like there are no options for
rehoming or reducing numbers. Shelters may be full, or there may not
be rehoming options for the type of animal you are dealing with, such
as exotic birds or reptiles. These types of cases can be frustrating and
require a greater investment of time and resources to bring them to an
acceptable level of compliance, and in some cases seizure and citation
will be the end result despite your best efforts. While you may not be
able to require an owner to surrender or rehome their animals, you can
make it clear to them that if they are unable to provide adequate care
and shelter to the number of animals they possess, they are eligible for
criminal citation.
8.6 Conducting Rechecks

In order for compliance monitoring efforts to be effective, the
investigator must be able to conduct rechecks and determine if the care
of the animals in question has risen to an acceptable level. Frequently
violations can be recti ied with one recheck. For example, a cat with
severe dental disease will be made comfortable after a complete
dentistry service from a veterinarian and it will only require proof of
the procedure for you to close the case. It is the responsibility of the
investigator to con irm the animal received the required care, which
will allow for the case to be closed. If the situation involves multiple
animals or issues that require ongoing care, follow-up and monitoring
may be protracted. Before engaging in a compliance plan, be certain
that your agency has the resources to follow up on the case within the
timeline you have communicated to the owner.
A call to the treating veterinarian to con irm adequate care and
treatment has been provided may be a simple way to conduct a recheck.
In other cases, you will want to return to the owner's property to
con irm visually that an animal has recovered, their shelter or
environmental shortfalls have been corrected, or the owner has been
able to reduce the number of animals in their care to a manageable
number.
When conducting rechecks, utilize your interview skills to determine
the proper steps have been taken as directed, and the owner fully
understands what care must be maintained in the future. A one-time
grooming appointment to relieve a dog of severe matting will need to
be repeated going forward, to avoid the animal suffering from the same
condition in six- or nine-months' time. Make sure the owner can
verbalize your expectations for future care and understands the
animal's long-term needs.
8.7 What If Nothing Improves or Conditions

Worsen?
It is unrealistic to think that all cases can be resolved through education
and compliance monitoring. Sometimes, despite your best efforts,
owners are unwilling or unable to make the changes necessary to
relieve an animal's suffering and avoid a criminal citation.
If you have set forth a compliance plan and at any point during your
monitoring and follow-up feel the condition of an animal has worsened,
or the time period for compliance has run out and nothing has
improved, you may make the choice to issue a criminal citation or apply
for a warrant to seize the animal(s).
All the notes, photographs, and documents related to your previous
interviews, site visits, and phone calls will serve to make the case for
the owner's negligence in providing adequate care for their animal(s).
It can be helpful to create a timeline for the case that begins at the time
of your irst contact with the subject, includes all the resources and
recommendations you provided, and what, if any, steps the subject took
to correct the situation. Cases like these will be strong if you have
created detailed notes, reports, and photographs that illustrate the
history of noncompliance.
8.8 What About Animal Hoarders?

Animal hoarding is a complex manifestation of mental health disorders
including but not limited to depression, obsessive compulsive disorder,
post-traumatic stress disorder, and anxiety disorders to name a few.
Hoarders keep a larger number of animals than they can adequately
care for and fail to see or understand the suffering of the animals in
their care. Hoarders may keep one species of animals or many. People
often envision a house full of cats when they think of animal hoarders,
but dogs, birds, livestock animals, rodents, and reptiles are also
common victims in these cases.
Because the hoarder is disconnected from the severity of their animals'
conditions, enacting a plan for education and compliance may seem
futile and has a high chance of failure in the end. That is not to say that
offering such a plan is always a bad idea. Because hoarders can be
reclusive and suspicious of strangers, a monitoring plan can be useful in
building rapport and determining the scope of the problems at hand.
Through a period of regular site visits, offering of resources, and
rehoming options, you may gain some compliance and even effectively
help the subject to reduce their numbers or at the least be able to
garner more information to inform a search warrant application should
the case require it (Figures 8.4 and 8.5).
Figure 8.4 Animal hoarding cases are complex, resource intensive, and
best approached through a multidisciplinary effort.
Figure 8.5 Animal hoarding cases may involve any species or variety of
species.
Hoarding cases are best approached as a multidisciplinary effort. The

number or species of animals involved can easily overwhelm a single
animal shelter or rescue. Care and planning are required to ensure the
animal shelter or agency assisting with the seizure is capable of
providing for the number of animals involved. Mental health and crisis
intervention agencies and organizations often retain experts who can
offer services and aid to the subject, which may enable the investigation
to be more successful, and may also help prevent the hoarder from
reoffending in the future. Hoarding cases are known to have a high rate
of recidivism. They can be frustrating and sometimes overwhelming to
address, however, they are often the culmination of years of chronic and
extreme illness, starvation, injury, and neglect of many animals as well
as humans living with the person suffering from hoarding disorder. You
will ind more information about responding to hoarding cases in
Appendix A of this textbook [2].
References
1 Jegatheesan, B., Enders-Slegers, M.-J., Ormerod, E., and Boyden, P.
(2020). Understanding the link between animal cruelty and family
violence: the bioecological systems model. Int. J. Environ. Res. Public
Health 17 (9): 3116.
2 Frost, R.O., Patronek, G., Arluke, A., and Steketee, G. (2015). The
hoarding of animals: an update. Psychiatric Times 34 (4)
https://www.psychiatrictimes.com/view/hoarding-animals-update
(accessed 9 August 2021).
9
Search Warrants and Seizures
Emily Lewis
When criminal animal cruelty is discovered and persists, law

enforcement is best advised to seek a search warrant as a means of
pursuing the most thorough investigation into the victims and evidence
of the violations. This chapter will discuss all aspects of requesting and
executing a search warrant in an animal cruelty case. It will touch on
the differences between a single animal case, a large-scale case, and
cases involving livestock or exotic animals. Search warrants for animal
cruelty cases require specialized considerations at every phase, from
authoring of the af idavit through clearing the scene at the conclusion
of the search warrant execution. It is important to take a deep dive into
each of these phases to address the objectives and vulnerabilities
present at each step across all disciplines. The search warrant and its
execution are likely the irst occasions for simultaneous collaboration
by the three disciplines that are key to successful animal cruelty
investigations – veterinarians, law enforcement, and prosecutors.
Both federal and state laws in luence the parameters of search
warrants and the circumstances that permit search and seizure without
a warrant. Given the broad spectrum of nuanced interpretations across
the country, this book will generally address exceptions to the search
warrant requirement and how those exceptions pertain to animal
cruelty cases but will focus primarily on the process of attaining and
executing a search warrant as is generally best practice in these cases.
9.1 Exceptions to the Warrant Requirement

in Animal Cruelty Cases
Americans enjoy a Fourth Amendment right “against unreasonable
searches and seizures” in areas where they have a reasonable
expectation of privacy, such as their home, their body, or their vehicles
[1]. This right is preserved unless a law enforcement of icer, or
otherwise authorized agent, attains a search warrant, signed by a judge,
to conduct a search and/or seizure. The reality of criminal
investigations is that there will not always be the opportunity for
of icers to go through the necessary steps to procure a search warrant,
and the law acknowledges this by carving out very speci ic
circumstances in which search and seizure is legal in the absence of a
warrant. It is important to note that these speci ic exceptions to the
warrant requirement are reserved for those particular circumstances
where there is not time to get a warrant and which, in the future, will be
evaluated with that mindset in court. If there is time to get a search
warrant, this is the course of action you need to take. Of the number of
exceptions that have developed over the years, there are four most
utilized in animal cruelty cases: consent, exigent circumstances,
emergency aid, and plain view.
9.1.1 Consent
Consent is the most reliable of the exceptions that an of icer can employ
if certain measures are taken to document the consent. The exception is
exactly as it sounds, an individual can allow, i.e. consent, to the search
and/or seizure. There are factors that are important to keep in mind
with this exception. First, the moment the person revokes their
consent, or takes any action that indicates they are revoking their
consent, the search/seizure must cease. Second, states may differ in
their requirements of who can grant the of icer consent. The federal
standard, which is followed by many states, permits what is known as
“apparent authority,” meaning it appears to the of icer who is getting
the permission that the person has authority to grant consent for the
area to be searched and items to be seized [2]. Some states do not adopt
the federal standard and require that the person have “actual authority”
to consent, which means it does not matter how it appears to the
of icer: if the person does not actually have the authority to consent to
search or seizure of those areas, then the exception will be invalid and
any evidence collected cannot be relied on in the case.1 Third, consent
cannot be coerced. Generally, coerce means “[t]o compel by force or
threat” [3]. It would be prudent to check with your local prosecutor to
understand how your state has construed what coerced consent looks
like in order to avoid issues in your cases. Written or videotaped
consent increases the likelihood that your reliance on this exception
will withstand scrutiny by attorneys and judges who are evaluating the
case.
In Appendix C there are “Consent to Search” templates speci ic to
animal cruelty investigations. Most frequently you would utilize these
when a suspect is consenting to a veterinary exam, or necropsy of their
animal, or allowing you to come into their residence and search for
evidence of the animal crime at issue. On occasion, you may encounter
a suspect with whom you have built a strong rapport and who has a
signi icant number of animals needing to be seized. Although this
person may be willing to sign a consent form for you to search their
home and take their animals, and even when that might seem like the
most expedient way to further the investigation, be cautioned that often
the capture of the person's animals may be more traumatic for them
than they anticipated, thus causing them to immediately revoke their
consent. This leaves you with the prospect of having to request a
warrant at that time, and the resources prepared to process the scene
and care for the animals will have been wasted. It is best, especially in
those circumstances, to request and obtain a warrant ahead of time so
that you can process the scene in a way that allows you to carefully
search and seize the relevant evidence, without the risk of squandering
resources.
9.1.2 Exigent Circumstances

Law enforcement of icers may be in a position to rely on the exigent
circumstances exception to the warrant requirement in their animal
cruelty cases. This exception allows for a warrantless entry onto a
property to search if probable cause for a crime exists in addition to
exigent circumstances. Exigent circumstances have been de ined to
include among other things, harm to persons or property and
destruction of evidence [1]. There is case law to support the assertion
that the federal constitutional parameters support the seizure of
animals who are suffering and facing imminent harm.2 Check in
regularly with your prosecutor to understand how exceptions such as
these have been viewed by your local courts.
9.1.3 Emergency Aid

Whether the emergency aid exception to the warrant requirement
applies to animals is very state dependent. Generally speaking, if an
of icer believes that someone is in immediate need of assistance, or if
life or property needs preserving or protecting, the of icer can make a
warrantless entry to preserve or protect that life or property. If the
of icer encounters evidence of a crime while responding, the of icer
may seize that evidence [1]. This has been applied in animal cruelty
cases where the of icer reasonably believed that warrantless entry and
seizure of the animal was necessary to protect the animal's life [4]. It is
important to clarify that, while the exigent circumstances exception
does require that the of icer have probable cause of a crime to make a
warrantless entry and seizure, this exception does not.
9.1.4 Plain View

Plain view is another exception to the warrant requirement that
of icers might rely on in an animal cruelty investigation. As with every
exception there are very speci ic parameters around how it can be used,
and each parameter will be scrutinized by the attorneys and judges
reviewing the case. Generally speaking, if an of icer, standing in a lawful
location, identi ies evidence of a crime, can determine that it is
evidence of a crime without having to manipulate or explore the
evidence, and if that of icer can take the evidence into possession while
still in a lawful location, that evidence is considered to be in plain view
and the of icer can seize it without a warrant.
The plain view exception, as is true with many other aspects of typical
criminal investigations, is complicated by the unique fact that the
evidence is a living being. This complication gives rise to questions such
as can an of icer standing on a public sidewalk call a neglected dog over
to them from the suspect's garage or yard and still seize that dog under
the plain view exception?3 In the alternative, could the of icer wait on
the public way for the neglected dog to wander over and then seize it
using plain view? Each state will interpret these circumstances
differently and it is important to check with your prosecutor about how
to navigate these circumstances successfully. Animals also complicate
this exception because their poor body condition does not always
equate to neglectful circumstances. If you are an of icer intending to
seize an animal in plain view because it has a poor body condition, you
need also to be able to articulate why you have probable cause to
believe that the animal's poor body condition is a result of criminal
neglect.4 As discussed earlier in this book, there are numerous reasons
why an animal may be thin that are not due to criminal conduct on the
part of the owner.
9.2 Prewarrant Considerations

There are considerations that need to be addressed prior to any
warrant execution but dealing with the unique circumstance of living
evidence results in several atypical factors that also need to be assessed
prior to even the application for a search warrant.
9.2.1 Standard Considerations

9.2.1.1 Guard Dogs
From the irst moment you think an investigation might need to be
advanced using a search warrant, there are factors you need to start
documenting in order to make that a successful venture, the irst of
which is guard dogs. If possible, make certain to note whether there are
or likely to be guard dogs on the property. Even if an of icer has not
previously gained access to a location, there are indicators to look for
that would help inform you of this likelihood. You may know the answer
to this as part of your investigation but, if not, it may be worthwhile to
ask neighbors, check with county dog licensing records, or simply
observe the property in advance. If there are guard dogs or a likelihood
of guard dogs at the location where you will be serving the warrant, a
plan for handling that situation needs to be a part of your warrant
execution strategy.
Serving a warrant on a property you know to have dogs, guard dogs or
otherwise, without a nonlethal plan in place to address that issue is
strongly discouraged and could be grounds for a lawsuit.5 This is not to
say that of icer safety is not of paramount concern, but the optics of
using lethal force against resident dogs in order to execute a search
warrant in an animal cruelty case are not good. It is also worth noting
that investment in training about dog behavior and body language has
the potential to avoid precarious situations involving resident dogs
without creating grounds for tragedy and litigation (see Appendix D for
a list of courses and resources for training of this nature).
There are a few ways to approach the issue of guard dogs. First, if you
have a good existing rapport with the suspect and feel safe doing so,
make contact from the driveway or nearby the property (via phone or
loudspeaker) and request that the dogs be contained. Another option
would be to include professional animal handlers in your warrant
service team to capture the dogs safely immediately upon your entry
onto the property.
Finally, if an of icer fears for their safety, there are other means of
defending oneself before resorting to a irearm. Use of oleoresin
capsicum (OC) spray or other aerosolized deterrents is one nonlethal
way to respond to an aggressive dog [5]. Another option would be to
use an electronic control device (ECD), like a TASER®, to subdue an
aggressive dog. It is important to note that use of an ECD on an animal
is not recommended and has the potential to seriously injure or kill a
dog [5, 6]. ECDs should never be used on cats or other small animals
[5].
Do not misconstrue this to say that using physical force, be it with a
TASER® or pepper spray, can be the extent of your warrant service plan
for guard dogs; in fact, it should be a last resort. The National Animal
Care and Control Association (NACA) does not recommend ECDs as a
method of capture and control, only as a means of self-defense when
absolutely necessary [5]. The most prudent course of action is to try to
contain the dogs in a way that does not injure them or any people in the
process.
9.2.1.2 Cohabitators
Known cohabitators create another prewarrant consideration. Not only
do suspects often have their family and/or roommates living with them
in the house, but they can also have friends or acquaintances living in
various accommodations around the property. This is of particular
concern in livestock cases or locations with a lot of acreage, buildings,
or other living quarters. These individuals are relevant aside from their
place on the risk assessment checklist. It is important to know whether
these third parties are connected in any way to the case, i.e. they are
onsite animal caregivers. It is also important to note if any of the
animals residing on the property could belong to them and not to the
suspect(s) in the case. Finding this information out as part of the
investigation that takes place prior to the search warrant service, rather
than discovering cohabitators during warrant service, can improve
scene safety and streamline the warrant service. Always be clear in
your warrant drafting and in your preservice brie ing whether or not
the structures housing these third parties are subject to search and
seizure or if they are not covered by the warrant that was issued.
On occasion while executing a search warrant you may discover a
separate, additional animal crime at a cohabitator's residence on the
property. If this situation occurs, the best course of action is to contact
your prosecutor and inquire how they would like you to proceed. The
warrant you are executing does not authorize seizure of any evidence
from a different animal crime but there may be an exception to the
warrant requirement that you could articulate or, more than likely, you
could amend your warrant to include this new evidence.
9.2.1.3 Picture of the Property

Though it is not particular to animal cases, it cannot be said often
enough – be sure to include a picture of the front of the property
described in the search warrant in the search warrant itself. To avoid
the potentially catastrophic mistake of serving a warrant on the wrong
property, all safeguards must be utilized.6 In more rural areas it can be
dif icult to capture a residence or a barn that is located farther back on
the property. In these cases, you can include a photo from the public
roadway and another from in front of the residence if you have been on
the property through the course of your investigation and have a photo
as a result.
9.2.2 Considerations Unique to Animal Cruelty Cases

Animal cruelty is a crime and the preparation for a search warrant
execution in an animal cruelty case should follow the same protocol
that search warrants follow in all other cases. Animal cruelty cases do
have one glaringly obvious difference from traditional cases, though,
the likelihood of living evidence. Owing to that factor, there are several
additional considerations that law enforcement and prosecutors must
evaluate prior to going forward with a search warrant.
9.2.2.1 Timing
With animal victims at risk there is always an underlying urgency in the
process of attaining and serving a search warrant. If the facts of the
case allow, include coordination and planning for the warrant in your
timeline of when you seek to get the warrant signed and served. If your
animal care partners need to ind room for a potentially large number
of animals, or if you need to locate a credible veterinary expert for an
exotic species of animal, those tasks become much more dif icult if you
are operating within a ive-day deadline to serve the warrant.
9.2.2.2 Species Variety

It is common for investigations into animal cruelty to begin with a
report related to one, maybe two, species of animals. It is also common
for investigators to discover additional species in the custody of the
suspect, over the course of the investigation. Depending on what phase
of the investigation a search warrant is being contemplated, you may
have a clear idea of how many species will be at issue on the day of
warrant service or may only have an estimate. In either circumstance,
additional species might be found during the warrant service.
Do your best to get the most accurate estimate of how many and what
species you will be dealing with on scene. If you are able, get this
information from the suspect(s) during initial interviews, or make
observations about the property, or items you can see in or around the
home that might indicate other types of animals that could be present.
Spend time reviewing the social media accounts of the suspects or
other residents in the home and garner any information you can from
those platforms about what animals are there. This is important
because you want to be prepared with animal handlers and veterinary
experts who can evaluate and address any type of animal you are likely
to encounter during warrant service. Of course, there will be cases
where you are unable to ascertain the number and species of animals
on the property, but every possible method to do so should be pursued
in order to avoid surprises and delay on the day of warrant service.
9.2.2.3 Number of Crime Scenes

Each location where an animal is found on scene should be treated as a
separate crime scene. The conditions between one stall and the next,
one kennel or another, even one room to the next can differ drastically
and in ways that are relevant to the crimes you are investigating. It
helps to know, if you can, ahead of time approximately how many crime
scenes you will be labeling and processing when you serve a warrant.
As an investigator, if a suspect has agreed to walk you around their
property during the initial phases of your investigation, be sure to note
or make a map of how the property is arranged and where the animals
are being kept.
If you do not have the bene it of drawing on past visits to the property,
there are other ways to prepare yourself for the number of crime
scenes you may encounter. Viewing an aerial map of the property can
be extremely helpful in cases involving livestock, commercial breeding
operations, and animal ighting cases. From an aerial map you can
identify structures and get a rough estimate of how many animals or
pens could be contained in that structure. If there are outdoor dog runs
or pastures, you will be able to see those as well. Aerial maps can reveal
potential water sources to animals with access to the entire property. In
animal ighting cases, you will see circles where dogs or birds are
tethered, and this can give you an idea of the number you will be
documenting. Keep in mind that some outbuildings may not contain
animals at all, but that it is equally likely that other outbuildings may
contain more animals than you would have expected.
There are many cases where an aerial map will not help you plan for
the number of crime scenes you might encounter because all the
animals are kept inside a residence on the property. Again, if you do not
have insight from the early phases of your investigation, you can look to
social media to try to gauge if the animals are kept in separate kennels
or are loose in the residence. Neighbors might also have insight into
how the suspect maintains the animals and the numbers present.
In every case it is a good rule of thumb to overestimate the number of
animals and crime scenes you will be prepared to process rather than
underestimate.
9.2.2.4 Time of Year

Given that every stall, cage, or kennel is a separate crime scene, and
often documentation of such makes up the bulk of the evidence in your
case, animal cruelty search warrants can take a long time to execute.
Remember this while you are in the planning phase of your search
warrant service because, depending on the time of year, you may have
very few hours of natural light in the day to complete your evidence
collection. It is dangerous to be loading livestock or collecting other
species in the dark, and your evidence collection process will be
impeded by the complication of darkness regardless of lood lights or
other light sources. It is rare for a law enforcement agency to have the
available resources to secure a search warrant scene overnight, so it is
imperative that the person in charge of planning the execution of the
warrant is doing so with the number of daylight hours in mind.
Another consideration related to time of year is the weather. From the
nature of the personal protective equipment (PPE) for the warrant
execution team to the method and means of animal transport, weather
plays a critical role in search warrant service planning. In areas where
mud can be an issue in fall and winter, there should be a plan for
trailers and other large transport vehicles that will be responding to the
scene. In parts of the country that experience extreme heat and
humidity, the seized animals must be transported in a way that protects
them from this danger and in a way that does not create additional
conditions that a veterinarian will document upon initial exam so as to
confuse the evidence related to the case.
Weather can also play a role in the evaluation of the evidence on scene.
If the weather is cold, the bodies of deceased animals found on scene
will have been preserved fairly well, but the warmer the temperature
the faster the decomposition process will take place. It also becomes
relevant in what you are documenting as evidence of the crime. It is not
uncommon for water receptacles to have a frozen layer in the morning
when a warrant is served, but that layer disappears within the irst
hour after the sun rises. That may not absolve an animal owner from
neglect charges if animals are required under the law to have continued
access to potable water, but it is something that a scene processor
should include in their report and be able to testify about with
con idence. If conditions of the site change over the course of the day,
owing to changes in the weather, that is likely relevant to the case and
should be noted. For example, if it starts raining and you notice the
gutter drains directly into a horse stall creating standing water, this will
be relevant information for the veterinarian to know when assessing
the condition of the horse's feet.
9.2.2.5 Third‐Party Animal Owners

There are several types of animal cruelty cases where third-party
animal owners play a role, namely breeding and boarding facilities. A
third-party owner is an individual, not the suspect(s), who may have an
ownership interest in the victim animal(s) in a case. Any information
that can be gathered about potential third-party animal owners during
the initial investigation phase will reduce the number of challenges
arising on the day of the search warrant service and decrease liability
for all agencies involved as the investigation continues. Gathering this
information during your initial interviews with the suspect will reduce
the likelihood that a suspect will transfer ownership later to avoid
criminal culpability; this is a particularly common phenomenon in
equine neglect cases.
If you are aware of third-party owners, document their information
ahead of time along with any identifying information related to the
animal(s) they own or co-own who are in the suspect's custody. Make a
plan for third-party owners who may respond to the scene of a search
warrant execution, such that it does not disrupt your evidence
collection process or the security of your scene. Decide ahead of time
what documentation you are going to require establishing ownership.
The type of documentation may vary depending on the species you are
dealing with. You could require copies of contracts, veterinary records,
or county licensing documents with the third party listed as the owner
of that animal, or anything that connects that third party to a speci ic
identi ier on the animal, such as a tattoo, an ear tag, or a microchip.
9.2.2.6 Safety Plan

Search warrants are reliably unpredictable, and it goes without saying
that there needs to be a safety plan in place. The safety plan should
cover of icer safety in serving the warrant and the plan for protecting
the civilian agents operating under their direction on scene. Remember
the high probability that processing the scene will take the better part
of a day, if not every daylight hour; limited resources notwithstanding,
do not at any point task a single of icer with the impossible
responsibility of protecting every nonsworn individual who is assisting
with the animal handling or scene processing. It will take more civilians
to assist with this warrant than most other criminal search warrants
and it is law enforcement's duty to protect them while they are doing
so.
You also need to plan to protect people from the animals themselves.
Make sure you and others know how you will respond to a dog bite or a
kick by a horse. If you are working with exotic species, have a plan of
action in mind if someone is bitten or injured by those species where
venom may be a factor.
Finally, have a safety plan in place for critically injured or ill animals.
These animals will be identi ied in your initial walk-through and there
needs to be a preconceived emergency plan for them. This is discussed
in further detail in Sections 9.4.4, 9.5, 9.6.2.1, and Box 9.2.
9.3 Drafting of the Affidavit and Search

Warrant
Even the most seasoned law enforcement of icer might understandably
balk when tasked with authoring an af idavit and search warrant in an
animal cruelty case. Obviously, the basic structure and purpose are the
same, but there are some nuances to animal crime warrants that are
unique and important to incorporate into the format you are already
familiar with using (see Appendix C for examples and templates of
animal cruelty af idavits and warrants).
9.3.1 Introduction
Animal cruelty cases are probably not the most common cases for
which your judges issue search warrants. As a result, they are likely less
familiar with the anticruelty laws than they are with other state
statutes. To address this, the irst part of your af idavit can list the
statute number and quote the wording of what constitutes the criminal
conduct you are investigating and for which you are seeking to ind
supporting evidence.
9.3.2 Training and Experience

The “Training and Experience” section of the af idavit is where you can
really shine. Resist the urge to cut and paste this section from your past
warrants because you need to include all the reasons why you have the
expertise to stand behind your statements in the af idavit. In some
jurisdictions prosecutors even refer to this as your “hero statement”
because it puts to paper that you are uniquely quali ied, and maybe
even overquali ied, to understand the nuances of these crimes and the
victim animals connected with them.
Do not discount any relevant training or experience you have had with
animals or investigation of crimes involving animals. If you were ever a
canine of icer, that is important to include. If you grew up on a farm,
that could become relevant, depending on the case at hand. Start
documenting the number of animal calls you respond to because those
statistics should be listed in this section. Review your training
documentation and highlight courses you have taken that are relevant
to animal cases. If you are de icient in training on the topic of animal
crime investigation, then seek out ways to bolster this aspect of your
skill set (see Appendix D for a list of online courses and certi ications
about animal behavior, veterinary forensics, and animal cruelty
investigation).
9.3.3 Telling the Story

For the majority of animal cruelty cases, seeking a search warrant will
not be the irst phase of the investigation – meaning the af idavit is
usually somewhat lengthy. When you are telling the judge, via the
af idavit, what you have discovered during your investigation up to this
point, be sure to organize the information in a way that makes it easy to
follow. Typically, there are multiple witnesses and numerous visits to
the suspect's property. Explain these chronologically and use separate
headings for dates or names if you need to. Remember that this
document becomes part of the public record and might be relied on by
the animal care agency in the future in their pursuit of forfeiture of any
seized animals. For these reasons it is important to be thorough in the
information you are providing.
Even the most skilled writer cannot convey the details necessary for a
third party to fully understand the signi icance of the existing evidence
of the animal cruelty violation. Unless speci ically directed not to do so
by your prosecutor, you must include photos in the body of your
af idavit. You also have the option of attaching them as an appendix and
incorporating them into the af idavit that way,7 but that is less effective
than including them directly in the body of the document. This way the
judge can read your description and then actually visualize and
understand what you are trying to explain (Figure 9.1).
9.3.4 Articulate Probable Cause for the Crime(s)

Agencies may format their af idavits differently, but at some point, in
the af idavit you must clearly articulate your probable cause for the
crime(s) you are investigating and the evidence you expect to ind and
want to be able to seize. It can be helpful to list the items you would like
to be able to seize irst (see Section 9.3.5) and, using that list, make sure
you are able to explain why you have probable cause for each item on
the list.
You can rely on your training and experience, and you can rely on
experts to substantiate your probable cause. The following examples8
are statements you can make in the probable cause section of the
af idavit after increasing your animal crime investigation statistics, or
acquiring certi ication or training from any of the courses listed in
Appendix D, from interviewing a named veterinarian (Box 9.1), or even
from reading this book:
I know, based on my training and experience, people who fail to

provide for the minimum care of their animals as de ined by
statute often have items such as veterinary records that
recommend or prescribe speci ic treatment that was not followed,
or animal medications that have been prescribed but have not
been administered to the animal.
Box 9.1 A Note to Veterinarians
Provide Expert Opinion to Law Enforcement

When law enforcement drafts a search warrant in a suspected
animal cruelty case the veterinarian is an important
contributor of information. In some cases, law enforcement
may ask a veterinarian to review evidence including photos,
witness statements, or animals prior to writing a warrant. In
those cases, the veterinarian's role is to provide the expertise
needed to assess evidence presented and offer evaluation of
this evidence as well as ask additional questions if they arise.
See Chapters 6 and 7 for additional information about the
veterinarian's role and forensic examinations.
Figure 9.1 Photos incorporated directly into the body of your
af idavit help convey the magnitude or severity of the situation.
I know, based on my training and experience in conducting animal

neglect investigations, that people who keep a large number of
animals on their property will often house them in vehicles,
trailers, and any other structures available to them on the
property.
In my experience, veterinary records and medications are often
found in vehicles or other outbuildings on a property containing a
large number of animals.
I know, based on my training and experience, that people who fail
to provide the minimum care for their animals can have ample
food supply but fail to feed the animal appropriate amounts of food
to support health.
Based on my training and experience, I also know that people who
neglect one animal often have other animals in various stages of
neglect, and that people who are unable to care for one species of
animal on their property are often found to be neglecting all
animal species within their control.
Based on my training and experience, people who shelter or house
many animals will bury, conceal, or burn deceased animals on site.
Based on my interview with veterinarian Dr. Smith, I know that
pregnant animals require specialized care and unborn animals can
be negatively compromised at birth due to malnourishment and
neglect experienced by the pregnant female prior to delivery.
Based on my training and experience, animals who are victims of
abuse and neglect often have a history of abuse and neglect and
evidence of this can be found in the radiographs of the animal's
body and by performing a thorough examination of the animal. The
evidence of abuse or neglect may be in the form of broken bones in
various stages of healing, or internal injuries not visible from the
exterior of the body.
Blood chemistry analysis often contains markers that indicate
recent injury to tissues, comprehensive radiographs may identify
recent as well as healed or healing fractures, and fecal and tissue
samples may contain traces of blood or foreign materials, which
are often seen in connection with physical injury and/or neglect.
Review the probable cause area of your af idavit being certain that it
supports the area you are seeking to search and the evidence you
expect to ind and would like the authority to seize.
9.3.5 What to Request to Seize

The list of evidence you are requesting to seize will vary from case to
case depending on the crime being investigated, the locations to be
searched, and the species of victim animals. In an investigation into a
failure to provide basic care, the food, medication, animals (dead, living,
and unborn), veterinary records, and all items and documents
associated with those categories are relevant to that investigation. It is
important to educate yourself about the husbandry needs speci ic to
each species on scene. The equipment, food, and medications necessary
to maintain an equine in good health are going to be drastically
different from those required for a reptile that needs very speci ic
lighting and heat levels in order to survive (see Appendix B for a more
comprehensive list of evidence potentially relevant to your animal
cruelty investigation that you would want to include in your warrant).
In a physical abuse case, depending on how much you know about the
reported incident, there may be particular things you are looking to
seize or document in the setting of where the incident occurred. This
would include evidence like carpet, looring, blood spatter on the wall,
toenails the animal may have lost in a struggle, scratch marks, weapons,
restraints, cages, and fur.
Understand if you are requesting a search warrant for an animal
ighting investigation, the evidence those cases are built on is consistent
and speci ic. In some states the possession of the ighting paraphernalia
is a crime in and of itself,9 so it is imperative that you know what
constitutes ighting paraphernalia. In a dog ighting case, you would
want to include treadmills, medications, steroids, pit walls or looring,
blood samples, match books, restraints, magazines, bite sticks, and
breeding records (see sample dog ighting warrant in Appendix C). In
cock ighting warrants you need to be able to seize implements used to
remove combs and waddles, steroids, medications, sparring blades,
muffs, and evidence of bird conditioning (see sample cock ighting
warrant in Appendix C). Speak with an expert on these types of
investigations in order to ensure you will include all the evidence you
are likely to come across.
Some pieces of evidence should almost always be included because
they will be relevant regardless of the crime being investigated. The
victim animal(s) are relevant evidence of the crime you are
investigating. There may be a unique case in which is this not true, but
that case is the anomaly not the rule. Include exams and labs associated
with those victim animals in your items to seize. You must be able to
have a veterinarian examine the victim animal(s) if that will produce
additional evidence important to the investigation. Some states might
construe a veterinary exam as an additional search [7] so you want to
cover the evidence from these exams in your warrant if possible (see
Appendix B for a list of evidence typically garnered from a veterinary
exam that you might include in your search warrant). Deceased animals
on the property could provide necessary insight into the suspect's
conduct or pattern of neglect; you need to be able to seize these bodies
if they will provide evidence relevant to your case.10 Also include
recently born and unborn animals in your items to seize in virtually
every case. There are few animal offenses that would not either
disproportionately impact an animal who is pregnant and/or cause
lasting negative impact on an unborn and subsequently a newborn or
juvenile animal Finally, given the integral role technology has come to
play in our lives, nearly every criminal case would bene it from a
forensic analysis of the technical devices associated with a suspect,
such as cell phones, laptops, hard drives, or tablets.
9.3.6 Where to Request to Search

Animals and animal husbandry equipment can be located almost
anywhere on a person's property; it is important to include all the areas
you want to be able to search for evidence in your warrant.
9.3.6.1 Small Spaces

Whether you need to search for medications related to an animal
neglect investigation, or steroids in an animal ighting investigation, or
150 cats in a one-bedroom apartment in an animal hoarding case, you
need to be able to search in all areas of the residence and outbuildings,
including tiny spaces in drawers or closets or cabinets. Be sure you are
clear in your af idavit why you are likely to ind evidence of the
crime(s) you are investigating by searching these areas. The following
is an example of a statement you can include in your af idavit to help
explain why you need this authority to further your investigation:
I know, based on my training and experience, animals contained in a
residence with a large amount of debris and clutter can die of
starvation, dehydration, and/or disease in multiple areas of a
residence, including but not limited to: small spaces under or behind
furniture, on top of shelves or tall furniture, areas in and around
stuffed furniture, in any open container, behind bathroom ixtures, in
closets, and any other area they are able to it their body.11Based on
my training and experience, I know people who have deceased
animals in their possession will often keep them in freezers or
refrigerators or bury them around the property.
9.3.6.2 Above and Below Ground

Finding deceased animals during an animal cruelty investigation is not
uncommon and can provide signi icant information to an investigator
when evaluated by an expert. It is important that you do not lose the
opportunity to collect this information because you have not explained
in your warrant why you are likely to ind evidence both above and
below ground on scene. Some perpetrators will attempt to hide
deceased animal evidence by burying it on their property. People who
hoard animals will often have a designated graveyard area of their
property where they bury animals who die in their care. Paying to have
a large animal properly rendered can be expensive, and it is not
uncommon for people who neglect or abuse livestock to have animal
remains buried on their premises. These remains may contain evidence
of the animal cruelty you are investigating.
9.3.6.3 Outbuildings
Regardless of the animal crime you are investigating, there is a strong
likelihood that you will ind additional evidence of that crime in the
outbuildings located on the property, in addition to the primary
residence. If you are investigating neglect, outbuildings are areas where
people would be likely to keep animal food, cleaning supplies, or the
animals themselves. Having the authority to search outbuildings when
investigating a breeding operation or an animal hoarding situation is
extremely important. Animal breeders will operate their entire
business from outbuildings on their property; it is where you are likely
to ind the victim animals and evidence of what care is or is not being
provided. Individuals who hoard animals often run out of room in their
home to house the animal population and, over time, they are forced to
contain them in other outbuildings on their property. In these cases, the
outbuilding may also be where the individual houses the deceased
animals they are emotionally unable to part with. Farm animal owners,
in addition to keeping their animals in barns on their property,
frequently use outbuildings to house their animal husbandry supplies.
It is crucial to include the authority to search outbuildings in warrants
for the crime of animal ighting. Barns, sheds, and detached garages are
ground zero for animal ighting events and large amounts of evidence
would be lost if a warrant did not authorize investigators to search in
those locations.
9.3.6.4 Vehicles
Much like outbuildings, vehicles can contain a wealth of evidence in
animal cruelty cases and should be a location you request to search in
your warrant. Whether a vehicle on a property is operational or not, it
provides additional storage for animal food and caretaking supplies,
feed store receipts, or veterinary records that have been left behind,
and often even animals themselves or their DNA. Even if the crime you
are investigating is not directly tied to a vehicle owned by the suspect,
that does not mean it is not likely evidence of the crime will be found in
that location. Take time in your af idavit to explain why you think you
will ind evidence in vehicles on scene. The following are examples of
how you can make that connection in your af idavit:
Based on my training and experience, I know evidence of animal

neglect can be found on the premise where the animal is housed,
within the animal owner's residence, curtilage, and transportation
vehicles. Individuals who have animals in their custody and control
often have items such as animal carriers, food, medications,
medical records, feed bowls, and photographs of animals in their
care, located in various areas of their residence, vehicles, and
curtilage.
9.3.7 Who Will Participate

In the vast majority of animal cruelty search warrant executions, law
enforcement will need signi icant assistance from non-law enforcement
individuals. Make sure it is clear in your warrant you will be using
animal handling experts, veterinary experts, and animal transporters to
assist with the safe execution of the warrant. You would also include
other government agencies that may be present and participating, such
as code enforcement or department of human services. Including these
“civilian” agents in the warrant prevents future confusion or debate as
to who was permitted to be on scene and assisting with the case.12
9.3.8 What Laws to Reference and How

Just as traditional law enforcement and prosecutors do not encounter
animal cruelty cases on a regular basis, neither do judges, and it is
important to remind them of the applicable laws. In the preamble of
your af idavit you can insert the statutory language of the relevant
animal crimes you are investigating. This gives the judge better context
when reading the rest of your af idavit and increases their
understanding of what evidence you are seeking to search for and seize.
It is also important to include statutory references to forfeiture or
foreclosure laws implicated by your seizure of animals. If your state's
forfeiture law includes an element that animals must be seized under a
speci ic statute, then make clear that this statute is the authority you
are making this request under. If there are certain crimes listed in your
forfeiture law as eligible for this remedy, articulate that in your af idavit
and your warrant documents. Make it abundantly clear that your
seizure of animals falls under the circumstances that your state's
forfeiture or foreclosure laws were designed to address. The following
is an example of what that statement in your af idavit and warrant
document might look like:
I respectfully request that the Court speci ically authorize the LOCAL
HUMANE SOCIETY to impound all animals located on the premises
under STATUTE AUTHORIZING SEIZURE, with the understanding
that the LOCAL HUMANE SOCIETY may/will use other animal care
providers as their agents to help ful ill their obligations under
IMPOUNDED ANIMAL CARE STATUTE.
9.3.9 Prosecutor Role
While there may be formulaic warrants that you author in the course of
your duties (i.e. driving under the in luence of intoxicants [DUII]
warrants) that may not be reviewed by a prosecutor prior to meeting
with a judge, animal cruelty af idavits and warrants are very case
speci ic and detailed and should be reviewed by a prosecutor prior to
being put in front of a judge. This is an important step given the
prosecutor who reviews the warrant is likely to be the prosecutor
assigned to the case and to pursue forfeiture if a seizure of animals does
occur. The prosecutor will have their own checklist in mind when
reviewing your warrant that will act to strengthen the documents and
decrease the vulnerability at or before trial.
9.3.10 Taking It to the Judge

Even if you are accustomed to bringing search warrants to judges in
your jurisdiction, animal cruelty warrants may result in varying and
unexpected reactions from reviewing judges. Be prepared to navigate
these differing reactions respectfully. Some judges ind the evidence
presented to be extremely compelling and emotionally dif icult to
review. Other judges might be critical of the length of the documents, or
the resources dedicated to these investigations. It is important for the
author of the warrant to be deferential and respectful but con ident
enough to educate the judge about the information included and the
reasons for including that information. Ultimately, this search warrant
must stand up to attempts to excise, suppress, and controvert. If you are
thorough, fair, and clear in your generation of the af idavit and the
warrant it will be a solid foundation from which to build your case.
9.4 Before You Serve the Warrant

Serving any search warrant always involves planning ahead but serving
search warrants in animal cruelty cases is likely to involve
nontraditional partners and more nuanced considerations with respect
to safety and evidence documentation and handling.
9.4.1 Aerial Maps

Together with the animal care experts and the veterinarian, law
enforcement should review aerial maps of the property listed in the
search warrant. From a public safety perspective this will be helpful to
law enforcement in planning the approach to the property and areas
vulnerable to nefarious activity. These aerial maps are easily available
from free mapping programs found on the Internet.
9.4.2 Plan Your Process (Expect It to Change)

Another bene it of reviewing the aerial maps is their usefulness in
planning for your process. If you are going to have to remove horses, for
example, who are large and easily startled, you can make a plan, using
the aerial maps, of the route for removing the victim horses, where the
evidence documentation station should be located, and where the
trailers will be able to it in order to load the victim horses with the
least amount of risk to their safety or others. You can identify
outbuildings that need to be searched or areas that seem likely to
contain buried animals or burned animal remains. Once you can
visualize the property you can try to imagine how the search and
seizure would logistically be carried out and in the safest way.
Inevitably these plans will change with what you actually encounter on
the scene, but you will be more nimbly able to adapt when you already
have a strong familiarity with the layout of the property and an idea of
how you want the process to low. Visualizing the process ahead of time
will also help ensure that your system will capture all of the
information you need for your case. Thinking through the process
ahead of time will guarantee that the animals will be photographed on
scene, that the pond in the back 40 will be documented with
photographs and video, that transport vehicles can move in and out in
an orderly fashion, and that all members of the search warrant
execution team can be kept safe by the of icers while carrying out their
duties on scene. Overall, this will ensure that the scene will be
processed methodically.
9.4.3 The Little Things

With so many moving parts, it is often the most basic aspects of search
warrant service preparation that get forgotten or left until the last
minute. In order to avoid this phenomenon, create a search warrant
packing list or checklist or use the one provided in Appendix B so you
can rest assured you will not ind yourself without something you need
to do your job on scene. A key detail to include on your checklist is to
charge the batteries on anything and everything that needs to be
charged. At this time, you can consider how long you expect the
warrant execution to take and whether or not you need to make a plan
for additional battery charging. This stage in the warrant planning is
also a good time to double check the settings on the cameras you will
be using. If there is a time and date ield, con irm that it has been
updated since the last daylight savings event. You also want to check
the settings for the ile type and size on the cameras to make sure they
work with the computer systems the law enforcement agency and
prosecutor will be using and are familiar with. It is also important to
have storage backups for cameras if you ill up an SD card on scene but
still have photographs that need to be taken. If you cannot afford to
have multiple backups, then make a plan for uploading the photos to a
computer or lash drive on scene so you can continue to take
photographs of the evidence and the scene without having to ration
your available storage space.
With the need for civilians to assist with the execution of the warrant
comes the need for multiple staging locations. Make sure to ind a space
that can accommodate an initial brie ing on the morning of the warrant
service that can be attended by all parties assisting on the scene and in
a location where con identiality is easy to maintain. Typically, these
brie ings would occur at the law enforcement precinct in a conference
room or a law enforcement training facility. There also needs to be a
designated staging area near the warrant service location where
assisting civilians can wait while law enforcement enters the property
and serves the warrant. Once the scene has been secured the
processing team will respond to the property from this location.
Examples of suitable staging areas are the parking lots of churches, ire
departments, or schools. On occasion the staging area may just be the
shoulder of a road near the warrant location. This is not ideal, however,
because while law enforcement is in the process of serving the warrant
the individuals waiting to assist are discussing their roles on scene,
reviewing the warrant, collaborating, and ine tuning the plan for
processing, and will bene it from an area that is large and safe enough
to facilitate this use of time. The nature of transport vehicles is also a
factor to consider when choosing a staging location.
9.4.4 Prepare for the Unexpected

Do not be thrown off by the unexpected. Regardless of how much time
you put into planning your processes and strategies there will be events
and circumstances you encounter on the scene that you have not
accounted for; do not let this derail you. There are certain measures
you can take to set yourself up to successfully manage surprises on the
scene. Make a list of the closest animal supply stores, animal feed
stores, and emergency veterinary clinics. If you are responding to a
scene where livestock animals will potentially be found, make sure you
have contact information on hand for a large-animal veterinarian. The
lead law enforcement of icer on the case should be openly
communicating with the animal care agency about the number and
nature of the animals expected and should be inquiring about the plan
if more animals are discovered. Bring more PPE than you expect you
will need, but do not use up valuable transport space by overpacking.
Think ahead about designating someone as the runner if you encounter
a need for more supplies or additional transport so that you can adapt
quickly. Make everyone aware that the scene-processing plan is luid,
and they should be prepared to adapt given the circumstances found on
scene. Assisting individuals need to understand the chain-of-command
system on the scene and who they look to when unexpected situations
arise. Empowering the team with that knowledge will allow them to
meet these challenges in a calm and organized fashion, rather than
becoming overwhelmed or frustrated.
9.4.5 Multijurisdictional Partnerships

The necessity to partner with multiple agencies across diverse
disciplines to successfully serve a search warrant in an animal cruelty
case is unavoidable. The law enforcement agencies bring expertise in
the legal requirements of search and seizure, evidence collection
protocols, interviewing techniques, and general scene safety, and as
such can create a plan for those elements. Law enforcement needs to
rely on other agencies and individuals to lend their expertise and
resources to other aspects of the warrant service, such as placement of
live animal evidence, storage of deceased or nonlive animal evidence,
and response to unexpected species found on scene.
9.4.5.1 Placement of Animals

Regardless of the number of animals involved in a case, inding
placement for the living evidence associated with the case – the
animal(s) – can be the deciding factor in whether or not pursuing a
search warrant is a viable option in the investigation of a criminal
situation. Smaller, under-resourced counties may not have a county
animal shelter and instead rely on local veterinarians to house the
animals from their cases. In other counties, cases involving a signi icant
number of animals may need to be placed in multiple nearby (or far)
shelters. In either case, advanced communication and a baseline plan
around where and with whom the animals will be placed needs to
occur prior to serving the warrant. That is not to say plans will not
change once you know exactly how many and what type of animals you
are needing placement for, but because it is such a logistically intensive
aspect of a successful warrant service, the partnerships need to be
established prior to service.
9.4.5.2 Storage of Evidence

Depending on the case, you might need storage for deceased animals of
varying sizes. If this is a possibility, look to partner with a university,
with a veterinary school, or contact local shelters and animal clinics to
determine what might be available to you on the day of the warrant
service.
9.4.5.3 Unexpected Species

There are certain types of animal cruelty cases that tend to involve
multiple species and unique species. If you are planning to serve a
search warrant at a pet store, you should plan ahead for species you are
not familiar with or not expecting. Cases involving a person who hoards
animals can often include wildlife that have been domesticated by the
suspect and, going into that warrant service, you should know who the
wildlife rehabilitators are in your area and whether they are certi ied to
care for and house these types of animals. It is ideal if you can partner
with a veterinarian who has a broad range of experience with varying
species and who will be able to triage the animals you ind on scene,
giving you time to connect with a specialty veterinarian for continued
care and placement.
9.4.5.4 Clarity of Expectations

It is extremely important to be clear about what you expect these
partners to provide on the scene and during the continued
investigation. The average veterinary clinic or animal shelter is not
going to have experience responding to a crime scene or managing
evidence that has been removed from a crime scene. Law enforcement
of icers must have clear and timely communication around the needs of
the case. You cannot assume that a veterinarian will conduct an exam
and generate a report, or that an animal shelter understands not to
adopt out or neuter an animal from a case. Equally, the veterinary and
animal welfare entities must be clear to law enforcement about the
feasibility of this assistance, the parameters of what they can offer, and
any questions they have about any part of the process.
9.4.6 Confirm Veterinary and Animal Handler Experts

The sooner you can provide the veterinary and animal handler experts
a description of their job on scene and post warrant execution, the
better (Box 9.2). With this information, those entities can work
together to come up with a plan that best helps them to safely and
accurately assist on scene and afterward (see Appendix C for templates
of job descriptions for civilian agents necessary for service of an animal
cruelty search warrant). It would be helpful to provide an explanation
of the incident command system at this time as well (see Appendix C
for a template you can use to explain how incident command should
work on a crime scene and who in your organization falls into what role
in that command scheme).
9.4.7 Plan for Known Aggressive Animals

(See Section 9.2 “Prewarrant Considerations” at the beginning of this
chapter for a review of why it is necessary to plan for known aggressive
animals.)
9.4.8 Assess Need for Personal Protective Equipment

In addition to human waste and debris, search warrant executors will
encounter all nature of animal feces, urine, ammonia, blood, parasites,
and bacteria. In many cases the ilth created by the animals will be
multiple layers deep and found in small, unventilated rooms or areas.
Box 9.2 A Note to Veterinarians
Prepare to Assist with Warrant Service

A veterinarian who has agreed to assist a law enforcement agency
with the execution of a search warrant should invest time preparing
to ill the role that is expected of them. The veterinarian should
prepare a list of items to take with them to the crime scene beyond
the standard medical equipment of stethoscope, thermometer, and
penlight (see Medical Exam Equipment Checklist in Appendix B).
With the approval of the lead law enforcement agency, the
veterinarian should also create a plan that includes referral to a
local veterinary hospital for animals who are in immediate jeopardy
or agonal. This plan might need to include prearrangements for
payment and documentation. Always be aware that the impending
warrant service is con idential and law enforcement should be
aware of any proposed arrangements, including planning for
transport and storage of deceased animals.
In all cases a brie ing to discuss what is included in the warrant is
held prior to the search. The veterinarian should inquire about the
time and place of the brie ing and plan to attend. Do not hesitate to
ask to review what the warrant allows for in terms of permissible
areas to search and what items to search for. Does it include
animals, medications, records, computers, freezer, and refrigerator
contents and so on? The veterinarian must know what is included
so they are aware of what they are authorized to do on the scene. In
some cases, an evidence collection team and other experts will be
available to assist the veterinarian and in other cases the
veterinarian may bring a veterinary assistant from their clinic. Prior
to the warrant service the veterinarian and law enforcement should
discuss who will be working the scene and what each person's role
will be. Coordinating with other evidence collection professionals
prior to starting the search saves missteps, avoids mistakes, and
improves ef iciency in what can be a long and detailed activity.
9.5 Preservice Briefing
Once you have drafted a thorough warrant, have received authority to
serve it by a judge, and have engaged in all the preplanning possible,
your warrant service day should begin with a brie ing. This brie ing
should involve all entities who will be on the scene during the execution
of the warrant. The location of the brie ing should be a place where
everyone can be present and con idential discussions can take place.
Law enforcement is accustomed to brie ing before a warrant service to
discuss the risk assessment, incident command roles, and an entry
plan. However, many of the individuals who will be assisting you and
whose expertise you are relying on likely do not participate in search
warrant executions regularly or ever. Add agenda items to the brie ing
so that everyone involved is aware of important laws and
considerations that are relevant to this event. It is law enforcement's
job to educate the people who are assisting them so there are no
missteps that might jeopardize the evidence collected during the
execution of the warrant. Time spent underscoring some of these
imperative reminders is necessary and should be accounted for in the
schedule of the day.
This brie ing is the ideal venue to explain the gravity of the situation to
your processing team. The right to privacy in our homes (and in certain
other areas of our lives) is enshrined in the Constitution. Search
warrants are a legal way to penetrate that protection, granting certain
individuals the authority to investigate a crime. This is not something
that should be taken lightly, and the law does not take it lightly; any
missteps can result in losing some or all of the evidence you ind. If
anyone assisting with the execution of the warrant accesses an area
that is not covered by the warrant or removes property not included in
the warrant, it could undermine the evidentiary value of all property
removed under the authority of that warrant. Help them understand
that you are forcing someone to let you on their property and into their
home to search through rooms and containers that are personal to
them. They must be professional and respectful at all times (see
Appendix D for an outline of a preservice brie ing in an animal case).
Read the warrant out loud to everyone during the preservice brie ing.
By reading the warrant you are ensuring that there is no
misunderstanding of what areas are permissible to search and what
you are allowed to seize. If you know of areas on the property that are
not covered by the warrant, be sure to point out those areas. Similarly, if
you know the warrant does not authorize you to search in small
containers, make sure the processing team is aware of that parameter
prior to entering the scene.
A reminder that is helpful to law enforcement and civilian partners
alike is that the scene is a crime scene, and you should treat it as such. If
you would not allow third parties to walk around and through a crime
scene on a drug warrant or a warrant in a homicide case, then you
should not permit it on this warrant. Making it clear that the animals
themselves are evidence is a critical component of this. Law
enforcement and scene processors should refrain from taking sel ies
with the animals or kissing, hugging, feeding, or moving them. Unless
your organization speci ically allows cell phones to be used to
document the evidence and the scene in a warrant service, then all
participants should be told not to use cell phones outside of
communication with approved parties.
Humor can be a coping mechanism when individuals are confronted
with distressing or stressful circumstances. Therefore, during a
preservice brie ing, the facilitator should caution against joking or
laughing while at the scene. Photography and videography are on-going
throughout the execution, as well as a possibility of media presence,
and joking and laughing can be misinterpreted or painted in a bad light.
Members of the media listen to police scanners and learn where search
warrants are being carried out. Owing to the public interest in animal
cruelty cases, it is not uncommon for members of the media to show up
to the scene. Make certain anyone assisting in the search warrant
knows who the point of contact to the media is and that they should not
engage with the media while they are carrying out their duties on the
scene.
With the opportunity of having everyone in the room at the same time,
take time to make sure the roles on the scene are clear.13 Use a
whiteboard or a visual aid to lay out the incident command points of
contact and go around the room and con irm every person can
articulate their role in the process and can identify the person to whom
they report. During this part of the brie ing, you can clarify who is
permitted to talk with or approach the suspect. Typically, this will be a
very short list of people. In turn, make sure those people know what to
do if the responding veterinarian has questions for the suspect about a
particular animal or in responding to an emergency situation occurring
on the scene with an animal.
Finally, make sure to review the safety plan. This plan extends beyond
of icer safety in serving the warrant and covers the plan for ensuring
the safety of the civilian partners on the scene, for as long as they are on
the scene. Part of this plan should also include the plan for any safety
risks posed by the animals to the people on scene.
9.6 Serving the Warrant

After your preservice brie ing, everyone should depart from the
brie ing location and convene at the designated staging area near the
location listed on the warrant. At this point, the law enforcement
of icers assigned to assist with serving the warrant and securing the
scene will proceed to the warrant location. It is worthwhile to note that
several law enforcement personnel should be stationed with the
civilian assisting partners at the staging area while the warrant is
served. This is for safety reasons as well as ease of communication with
the scene.
9.6.1 Serving the Warrant

The of icer who authored the warrant should be the individual to serve
the warrant, along with additional law enforcement of icers, for safety
reasons. Traditional law enforcement agencies will have detailed
protocols on serving a warrant to an individual. Of course, department
policy should be adhered to in all cases. There are a few reminders
worth underscoring. It is this moment where your planning with
respect to any guard dogs gets put to the test. If you encounter the
guard dogs that you expected, do not lose yourself in the adrenaline of
the situation and forget that you have a plan in place. If you encounter
guard dogs you did not expect, you should have a plan for that as well.14
Once you have safely reached the main access point to the residence or
building, be sure to engage in a practice known as “knock and
announce.” Unless a search warrant authorizes otherwise, law
enforcement is required to knock at the entryway to the property and
announce that they are law enforcement there to serve a search
warrant [8]. Part of serving the warrant includes securing the scene. On
these search warrants law enforcement must be overly thorough in this
endeavor, keeping in mind that the scene-processing team is not
composed of sworn of icers equipped with irearms and defensive
tactics training. Veterinarians and animal handlers and evidence
technicians will be accessing every authorized area in the warrant and
will not always be accompanied by a law enforcement of icer. Secure
the scene to the greatest extent possible and then make the call to the
staging area to begin the next phase – executing the search warrant.
9.6.2 Scene Processing

Depending on the nature of the scene and the animals involved, once it
is secure you may choose to stagger the people who are responding to
the scene from the staging area. You could irst approve a small group
of individuals to engage in the initial steps of the warrant execution and
call in the larger group of scene processors after the initial steps are
completed. There are advantages, however, to calling the entire scene-
processing group to the scene, which allows time for discussions about
adjustments to premade plans and for set-up to occur while a select few
engage in the initial walk-through phase.
9.6.2.1 Initial Walk‐Through

One of the irst things the lead of icer on the case needs to do, after the
scene has been secured, is take the lead veterinarian on a walk-through
of the scene. The walk-through with the veterinarian is multifunctional.
In order for the of icer to understand what evidence is subject to
seizure and what is not, the of icer needs the expertise of the
veterinarian. In doing the walk-through of the scene, the veterinarian
should be taking copious notes, or dictating to a scribe or recording
device, to facilitate an accurate report, and so the of icer can properly
interpret the scene. The initial walk-through is a time when the
veterinarian can respond to any emergency situations involving
suffering, sick, or injured animals. If there is an emergency situation
involving an animal and the veterinarian identi ies it as such, do not
delay medical assistance to that animal. The evidence-
processing/documenting team should be called over immediately to
document the condition and location of the animal, but the medical
well-being of the animal is paramount.
A person from the assisting animal care agency should also accompany
the lead of icer and the veterinarian on the initial walk-through. It is
relevant for the organization that will be capturing, identifying, and
housing the animals to visualize the layout with respect to where the
animals are located and hear the veterinarian's initial assessment. This
walk-through will also inform any changes that need to be made to the
original evidence-processing plan (Box 9.3).
Box 9.3 Case Example
In this case example, the warrant execution team arrived on scene

prepared to seize up to 40 dogs and puppies from a substandard
rescue organization's warehouse. The initial walk-through revealed
that the warehouse contained over 150 dogs and puppies. The
witness who had reported the conditions inside the warehouse that
led to the search warrant had entered the warehouse on a day when
most of the dogs were offsite at adoption events. After the initial
walk-through the execution team arranged for additional handlers,
transport vehicles, and carriers to be dispatched to the scene.
9.6.2.2 Veterinarian's Role: Initial Walk‐Through

During the initial walk-through of the scene the veterinarian will
identify emergent medical cases, help assess the workload, and ine-
tune the plan for processing the animal evidence. During this walk-
through, the veterinarian will be discussing with the lead law
enforcement agent any observations they make that are relevant to the
statutes and evidence listed in the warrant. Collection and recording of
information during the warrant search is a required part of the
veterinarian's duty and is the inal goal beyond assisting the animals
and people involved. Assigning an assistant to help scribe, photograph,
or record video facilitates the collection of information and helps to
ensure that even large volumes of information are recorded ef iciently
and accurately. Documentation must include live evidence (animals),
deceased animals, and all animal-related materials. The veterinarian
must be thorough in the details they record – time, date, temperature,
and all relevant environmental indings, such as:
Inventory of food and water available (including type and

quantities and feed samples)
Fecal samples
Medications
Observations about housing:
Space
Exposure to elements, danger, or stress
Size
Shape
Indoor or outdoor
Temperature
Sanitation
Access to food and water
Bedding
Exercise notes and any relevant behavior and training information.
The veterinarian should document how they received the information

they are documenting. Did they interview the owner, or did an of icer
tell them, or did they garner it from someone else's medical records?
Were they on scene and observed these items?
Example: Upon entering the warehouse, I noted that 11 cats and 15
kittens were housed in traditional travel kennels that measured
approximately 14 by 20 inches and approximately 10 inches tall. No
food, water, or bedding was found in any of the six carriers
examined. All kennels were of the same make and model. Each
kennel loor was covered in feces and urine, which was also found on
the paws and ventral (belly side) of the abdomens of each of the
animals. Photos of the kennels and an inventory of animals/kennel
accompany this report.
9.7 Start Documenting the Scene

9.7.1 Temperature
Upon accessing the scene, document the temperature outside and in
buildings housing animals. Temperature can factor into assessments of
adequate shelter, bedding, and water. Given that the temperature is
likely to change it is worthwhile to document it as the scene processing
is carried out over the course of the day.
9.7.2 Map
Assign someone to draw a map of the property or, alternatively, adapt
an aerial drawing to show the layout you are witnessing the day of the
warrant execution. The map should also re lect the customized location
identi iers you will be assigning to each building or area housing
animals and, if possible, the units within that area being used to house
animals. This map will be referenced multiple times during the warrant
execution, several times after you have left the scene, and potentially
during trial. Make sure that it is legible and as clear as possible. Use
graph paper if you are going to draw a map. Adapting an aerial map is
not ideal but preferable to a hand-drawn map that is poorly done and
dif icult to understand (Figure 9.2).
9.7.3 Initial Scene Video

The initial scene video should be a priority once you have accessed the
property. This video is important because your warrant process may
take a long time depending on the number of animals and/or their
temperament. The video will capture the scene the way it was when
you irst entered the property. It can help refute claims that the
animals' kennels became illed with feces over the course of the day, or
that the warrant service team damaged some aspect of the property, or
that an animal sustained an injury during the course of the warrant
process. Body camera footage is not an adequate substitute for the
initial scene video.
Ideally this video is taken as one long recording without interruption so
it is clear you are capturing everything. There are rare circumstances in
which the scene layout allows for this, but best efforts should be made
to stop and start as little as possible. Be sure to include the address and
other identifying markers of the property so it is clear that the property
matches the one described in the warrant. It can also be helpful if the
videographer states their name and the date at the beginning of each
video. This identi ies who can authenticate the footage later and can
resolve any questions arising out of inaccurate date and time stamps
attached to the footage.
Take your time when recording the property. Multiple individuals will
be reviewing this footage at various stages in the case, and you want to
provide a useful resource that does not inspire motion sickness in the
audience. Walk slowly and pause frequently to give the camera time to
focus. This video takes a long time to create, but other processes can
begin simultaneously, so do not feel rushed to complete it.
Educate yourself about the audio features of the video-recording tool
you are using before you need to use it on scene. For a couple of
reasons, it is important to know whether audio will be picked up when
you are recording. You do not want any chatter recorded on your video
that could be misinterpreted or misconstrued later. Make sure to
announce yourself when you enter an area with other individuals
present and let them know you are recording. Another consideration is
the laws in your state about recording the suspect without their
knowledge. Make sure you are aware if you are picking up the suspect's
statements in the audio of your video and understand what disclosure
requirements your state has about that situation.
9.8 System for Evidence Documentation and
Processing
Every location and case are going to be different and thus your plan for
evidence documentation and processing may adapt to accommodate
those differences, but there are fundamentals of the process that should
be consistent through every animal cruelty search warrant you execute.
Figure 9.2 Depending on the size of the property, using an aerial map
instead of a hand-drawn map may be preferable, though a hand-drawn
map allows for inclusion of more details about the location.
9.8.1 Document Conditions

In many animal cruelty cases, the location where the animal(s) are
housed onsite is directly related to the alleged criminal violation, so do
not rush the documentation of the conditions. While someone is taking
the scene video, another person should be taking general photos of the
scene and of the areas and items the veterinarian has indicated are
relevant to the animals' condition.
9.8.2 Separate Crime Scenes

Any enclosures or areas where animals are kept should be treated as
individual crime scenes. For example, if you open the door to an
outbuilding on the property and discover eight dog runs containing
multiple dogs in each run, then each of those eight enclosures should be
given a separate identi ier and not lumped in with “Outbuilding I” as a
singular crime scene or area. This is important is because what is
provided to the animals in each area can be drastically different. For
example, the dogs in the eighth enclosure are aggressive such that the
suspect did not want to enter to clean out the enclosure and just
dumped the food over the wall onto the loor to feed them, whereas the
dogs in the second enclosure are friendly and their area has clearly
been cleaned more frequently.
If possible, attach the assigned unique identi ier to each enclosure or
area so everyone processing the scene refers to the area in the same
way. One method of labeling the separate enclosures or kennels is with
a small hang tag that indicates the larger crime scene (e.g. “Outbuilding
I”) and then the smaller enclosure within that outbuilding (e.g. “Unit 1”)
(Figure 9.3).
In cases where the animals have free rein to move around an entire
building or residence, then that whole location becomes the crime
scene because all the resources (or lack thereof) in that location are
what has been available to that population of animals, and it is where
they have been residing.
Once the areas are labeled, take photos of the animals in each
enclosure. If you can get the crime scene designation in the photo with
the animals that is one option, otherwise take a photo of the location
identi ier and then a photo (or photos) of the animals contained therein
(Figure 9.4).
Figure 9.3 Once this identi ier is attached, each photo or video series
taken of this area should capture the information on the tag so it can be
referenced in the future in connection with the animals housed there.
Figure 9.4 Identifying the animal and including the habitat in the photo
provides documentation of the violation(s), with the victim animal
uniquely identi ied before the evidence has left the scene. This can
become extremely valuable to the case if there are future issues with
chain of custody resulting in evidence suppression.
Once the animals have been removed from the enclosure, assign
someone to go back to each area and thoroughly document the
conditions inside each enclosure. Take pictures from the four corners of
the enclosure, if possible, and any areas relevant to the cruelty
violations being investigated.
9.9 Processing the Animals

Once the documentation of the animals in the conditions you found
them in is completed, removal of the animals can begin. The exception
to this is if the veterinarian previously identi ied an animal in need of
emergency medical care, in which case that animal should have been
attended to immediately. Law enforcement of icers should always defer
to the animal-handling experts on the order and method of removing
animals.
9.9.1 Veterinarian's Role: Animal Processing on Scene

Once the walk-through is complete the veterinarian should participate
in the determination of a safe and secure area to set up the onsite
process of evidence collection and physical exam.
Consider lighting, interference of sound, temperature, and access to
other experts in working the scene. For example, if you are processing
cats from a hoarding scene, you may need a lighted area set up inside a
garage to provide coverage and prevent escape of animals. If you are
processing a scene with 25 large and vocal dogs, setting up in an area in
which the noise is buffered enough to allow good communication
between people would be best.
Once a work area is set up, the veterinarian will meet with the
individuals they will be working with, clarify the process, and each
person's role and responsibilities. On scene examinations must be as
consistent as possible and for that reason may be truncated. If only
critical parts of the exam will be done on scene, the veterinarian will
complete a more comprehensive exam later, but within 24 hours of the
search warrant execution, if possible. For consistency and to prevent
confusion, use the same form for both exams and be clear about what
procedures are done in each circumstance. For instance, when
processing rabbits from a hoarding case the veterinarian may
determine that signalment including sex and approximate age will be
collected on the scene so that the animals can be appropriately
separated, and the full exam will be done the next day at a shelter or
veterinary hospital. The form should include a speci ic area to indicate
the next steps and a color-coding system that helps prioritize medical
needs and/or categorize behavioral observations immediately.
Example of animal processing on scene: Each dog will be leashed
and walked to the examination station. The veterinary assistants will
identify and collar each dog. The evidence tech and assistant will
take identifying photos of each dog. Once these steps are complete
the veterinarian will do an onsite exam that includes the following
parameters: collect signalment (age, breed, sex, description), scan
for microchip, record animal ID number from collar.
9.9.2 Order of Removal

It is important to be thoughtful about how the animals are removed and
transported from the scene. There are several factors the individual
appointed as the logistics coordinator should be taking into
consideration when making the plan for animal removal. You want to
consider factors related to the animals themselves, such as
temperament and vulnerability with respect to age or medical
conditions. It is also important to factor in the resources available to
you in the way of handlers, transportation vehicles, and transport
kennels. If animals will be transported to different animal care facilities,
you must consider the distance the animals will have to travel, and the
impact weather could have on that journey. Capturing animals in
waning light or after dark drastically increases the dif iculty of that
endeavor and a logistics coordinator should always be aware of how
many daylight hours remain in contrast with how many animals
remain. For example, it might make sense to load and transport the
horses on scene who are familiar with being handled irst instead of
spending many initial hours attempting to capture and load the more
fearful horses irst.
9.9.3 Process of Removal

Using a methodical process to remove the animals ensures few
mistakes and reliable evidence. Due to unpredictable factors like
temperament or illness you may have to deviate from your ideal plan
for removal. Generally speaking, your evidence processing station
should be located close to where the animals are being removed so
handlers can stop at the station with the animal to complete the
necessary documentation. The handler should take note of the area the
animal was removed from and inform the evidence technicians of that
location. Then the animal should be assigned a unique evidence
identi ier (Box 9.4) and have his/her photo taken with an evidence
placard indicating the location on scene and the ID assigned. Depending
on the species and temperament, this is the point where you would
af ix something to the animal, a paper collar for example, that displays
their unique identi ier. Ideally, the paper evidence placard used for that
animal's photo can be taped or adhered to their transport kennel so
staff on the receiving end can easily identify and document them.
Box 9.4 Tip
Many organizations choose to assign a letter or combination of

letters to each animal as a unique identi ier. The animal can then be
given a name beginning with that letter, which makes it easy for
caretakers to remember the animal's evidentiary identi ier.
When you have animals whose temperaments or medical condition

prevent them from being processed in the typical manner, do your best
to uphold as many aspects of that process as you can. If an animal had
to be captured and put directly into a carrier, then take a photo of the
animal in the carrier. Instead of attaching the collar to the animal, you
can attach it to the carrier. Always make sure the evidence technicians
know when an animal is removed from the scene so they can account
for that removal. It is vitally important to take at least one identifying
photo on the scene of every animal removed. The crime scene is not the
time to engage in extensive veterinary exams and full photo
documentation of the animal you are removing, but an identifying
photo should be a static part of your process.
9.10 Forms
Documentation is the backbone of evidence collection and chain of
custody. The following outlines several forms that can be helpful and
utilized during the execution of a search warrant in an animal cruelty
case. You do not have to use all these forms in order to process a scene
successfully and thoroughly. In fact, do not employ a documentation
process that is either so cumbersome or complicated that it results in
frequent mistakes or inconsistent use on the scene, which in turn
creates a vulnerability in your case. Templates for these forms can be
found in Appendix B.
9.10.1 Property in Custody Form

This is a standard form used in traditional law enforcement to
document any property you are taking into custody belonging to the
suspect. Generally, these forms are not created with live animal
evidence in mind. Decide how you are going to categorize and identify
the animals on the form prior to going on the scene. Also, remember the
items connected with the animal – collars, for example – are also
property that you need to include. If the animal is of a certain species,
you might be removing the animal in the habitat it is currently being
housed in, and the habitat should therefore be entered on the Property
in Custody form as well. For example, if you are seizing a bearded
dragon and the aquarium he was housed in on the scene, you would
include the bearded dragon and the aquarium on the Property in
Custody form and list the items contained in the aquarium such as a
water/food dish or attached light ixture.
9.10.2 Camera Log

If scene processors are going to be sharing cameras it can be helpful to
have a camera log located at the evidence-processing station where the
cameras are signed in and out. This is helpful for authentication
purposes if the case ends up going to trial. It is also helpful when the
witnesses are generating their statements to know what photographs
or video they took on scene that day. Alternative options would include
speci ic processors assigned to a single camera or designated SD cards
for cameras. It is generally not a good idea to use a personal or agency-
issued cell phone when documenting a crime scene during a search
warrant. Doing so could result in that phone being catalogued as
evidence for the case, and evidence photographs become commingled
with personal photographs.
9.10.3 Habitat Evaluation Form

When the investigation involves how animals have been housed or
maintained, then extra effort should be made to thoroughly document
that on scene. In addition to the photographs of the enclosures housing
animals – both before and after the animals are removed – you can have
an animal husbandry expert ill out a Habitat Evaluation form noting
what is present in the enclosure for the animal in the way of food,
water, bedding, size, light source, and how clean it looks and smells.
This can capture information you may accidentally miss in photographs
or video (Figure 9.5).
Figure 9.5 Using a habitat evaluation form ensures that the scene
processing team is collecting all the relevant information for each
enclosure and helps to capture aspects that photos or videos cannot,
such as ammonia level, dampness, or temperature.
9.10.4 Transport Inventory
The transport inventory serves two purposes. First, it substantiates a
link in the chain of custody; and, second, it con irms that every animal
who was loaded into the vehicle also came out of the vehicle. These
inventory sheets serve to be even more helpful when the animals are
going to different animal care facilities or foster homes because they
create a clear record of which animals were sent where.
9.10.5 Notice Language

Some state forfeiture or foreclosure statutes require that the suspect be
given notice of those remedies available to the state and animal
caregivers on the day the animals are removed from the suspect's
custody. Providing the suspect with a printout of the language in the
statute does not require any questioning, but the of icer who delivers
this information to the suspect should mention doing so in their crime
report to create a record that the notice was provided. If other of icers
or witnesses were present, they should also include this detail in their
reports or statements. Check with your prosecutor ahead of time to
inquire whether any notice requirement might pertain to the animals in
the case for which you are serving the warrant (see Chapter 15 for
additional information on forfeiture and foreclosure).
9.10.6 Confidentiality Forms

Many of animal cruelty cases, it takes several people to execute a search
warrant safely, ef iciently, and effectively. Most of these people will not
be traditional law enforcement of icers who are familiar with the
con identiality requirements of the investigation. By bringing
con identiality forms for the scene processors who are civilians you are
both educating them about the importance of this and documenting
their agreement to comply. Passing out these agreements and getting
them signed during the initial brie ing is ideal because all the parties
will be present. It is dif icult to accomplish this paperwork and be
thorough while the scene is being processed. Designate someone as the
person who will collect the completed forms and provide them to the
lead of icer and/or the prosecutor as part of the discovery in the case.
9.10.7 Relinquishment Forms
When you seize animals with a search warrant, they still belong to the
suspect, but on occasion the suspect will be interested and willing to
voluntarily relinquish their ownership interest in the animals or a
portion of the animals on the day the search warrant is executed. Of
course, law enforcement of icers must always adhere to the strict rules
that apply when a suspect has invoked their right to counsel or their
right to remain silent. If the situation enables a conversation about
ownership of the animals, the lead of icer on the case needs to use that
opportunity for the bene it of the animals, the animal care agency, and
the suspect.
The suspect's decision to relinquish ownership of the animals should
not weigh on their guilt or innocence with respect to the cruelty
violation being investigated. As such, you should not make deals or
exchanges pertaining to the criminal charges in exchange for the
surrender. Find out from the animal care agency how much it costs to
care for an animal each day, and let the suspect know that is the charge
the suspect will incur per animal daily to provide for the continued care
of their property. If you are an animal care entity, make sure you have
this information ready to provide to the law enforcement of icers on the
scene.
If the suspect decides to relinquish some or all of the animals the day of
the search warrant, you want to be ready to effectuate that in a way that
will hold up to future scrutiny. Make sure you are identifying who is the
legal owner of the property (i.e. the animals) and describe as
speci ically as possible which animals are being relinquished. You can
identify them by their unique evidence identi ier and/or physical
markings or colorings or where they were housed on the scene. There
should be no discrepancy about which animals are being surrendered.
Depending on the case, it may also be important to include unborn
offspring in the relinquishment paperwork. These cases would include
those where animals are visibly pregnant, or when there are numerous
offspring of any age at the scene, or when there are animals of both
sexes found housed together on the scene. See Appendix B and C for
example relinquishment forms and templates.
9.10.8 Scene Access Log
The scene access log may be a form that traditional law enforcement is
accustomed to using, but, if not, consider providing one for use at
search warrants in which you participate. The individual posted at the
access point to the scene should maintain this log. When people enter
or leave the scene, they must document that movement on this form.
Any search warrant execution can attract onlookers and your chain of
custody could become vulnerable if a third party claims to have
accessed the scene when it should have been secure. Treat this crime
scene like any other crime scene you are processing and do not allow
access to unauthorized people.
9.10.9 Evidence Placards

Using an evidence placard helps clarify the image in the photos from
the crime scene. The placard should include the date and the case
number, at the very least. It should also include the unique evidence
identi ier assigned to the piece of evidence. Again, do not choose to
include too much information so that it signi icantly slows down your
process or creates unnecessary confusion; for example, if the evidence
placard calls a horse “brown” and the veterinarian refers to it as a “dark
bay.” Preprinting evidence placards with the date and case number in
advance of executing the warrant is an option that can save time, but
index cards can also work well on the scene and for af ixing to carriers.
For cases involving large animals, you may need a bigger placard
attached to the end of a pole in order to safely get it in the photograph
with the animal.
9.10.10 Chain of Custody Forms

Once the animal(s) leave the property the chain of custody begins. Be
sure to have several chain of custody forms on hand at the search
warrant execution to ensure consistency among animal caregivers in
documenting the chain of custody.
9.11 Discovering Evidence of Other Crimes

During the search warrant execution evidence of another or multiple
other crimes may be discovered. The person who discovers what they
believe to be evidence of a crime not listed in the warrant should
immediately alert the incident commander. At this point the prosecutor
should be noti ied and determine how to proceed.
9.12 The First 24 Hours After the Search

Warrant Execution
Serving and executing a search warrant in an animal cruelty case often
takes the better part of a day and is mentally and physically taxing on
the individuals assisting. In these cases, the conclusion of the warrant
service marks the beginning of more long days for the foreseeable
future. In addition to the veterinary exams, documentation, and animal
care that need to take place right away, there is time-sensitive
paperwork that must be promptly addressed.
9.12.1 Veterinarian's Role: Immediately Post Warrant

Service
When animals and evidence are transported from the scene, if possible,
the veterinarian should travel to the shelter/location where the animals
are headed. This enables the veterinarian or their assistant to verify
that all animals examined onsite arrived at the location and were
secured at the sheltering site. That information becomes part of the
veterinary report.
Next the lead veterinarian formulates a plan for the animals that
includes what additional examination requirements, diagnostic testing,
treatment, enrichment, and overall animal care processes are necessary
for the animals. Coordinating the follow-up, educating those
responsible for the plan, and assigning continued record keeping
responsibilities are critical next steps for the lead veterinarian. The
indings on the scene provide insight for the veterinarian to help
establish the team, resources, and plans for care of large or small
populations of animals, while at the same time meeting the critical
individual needs of each animal.
9.12.2 The Paperwork
9.12.2.1 Warrant Return
Law enforcement of icers should complete the warrant return without
delay. You can include various appendices to the warrant return such as
the Property in Custody forms and a sample of the photographs you
took on scene. The photo appendix is important to af irm to the judge
that you did, in fact, ind the evidence you expected to ind. The photos
can also inform initial charging discussions the prosecutor may be
having. Once the warrant return has occurred, the warrant becomes
public record, and the law enforcement agency should notify the
partners as the media may acquire a copy of the documents.
9.12.2.2 Chain of Custody Documentation in Place

As soon as the animals leave the scene, the chain of custody
documentation should be in place for them. Once they have arrived at
the facility where they will be housed, it is a good idea for someone to
double check that the chain of custody documentation is in place and
that it matches the evidence animal to whom it relates. It is also an
important time to make sure the staff illing out the chain of custody
paperwork have been adequately trained on how to use it, what to do
with the completed forms, and where to ind additional forms. The lead
law enforcement of icer should inquire about the chain of custody plan
for the animals and sometimes may need to work collaboratively with
the animal care agency to develop a system that will work for the
purpose of the case, without sacri icing the care and well-being of the
animals.
9.12.2.3 Paperwork Generated by the Warrant Service

All the thorough documentation you created on scene by utilizing all or
some of the forms mentioned earlier in the chapter will have gone to
waste if they are not scanned or otherwise preserved in the case ile. As
soon as possible, it is prudent to create copies in addition to saving the
documentation produced on the scene. The copies should also be saved
in the hardcopy of the case ile to provide a backup should anything
happen to the originals. Designate someone to ensure this step happens
and who can take the necessary steps to ensure it gets produced in
discovery for the case if/when necessary.
9.12.2.4 Notice About Reports

The lead law enforcement of icer needs to notify the civilian scene-
processing team and other husbandry and veterinary experts if the
of icer would like them to produce a witness statement about the
search warrant execution or a report about the animals. Explain to the
witness what is expected from these statements or reports and the
deadline to provide them (see Chapter 12 for more detailed guidance
on report writing in animal cruelty cases).
Everyone who participated in the search warrant execution should
produce a witness statement. This statement will help the prosecutor
know who to call as a witness for various aspects of the case, and it will
serve to refresh your memory if the day of trial actually occurs. Often,
when these cases do go to trial, it is over a year since the search
warrant was served. In order to recall important details from that day
you must write them in a statement, and you must do so close in time to
when the warrant was executed so the recollection is clear.
9.12.2.5 The Animals

The animals seized under the search warrant need to be examined as
soon as possible by a veterinarian (see Chapter 13 for detailed
guidance on Protective Custody animals). The prosecutor and the lead
law enforcement of icer on the case should establish a point of contact
at the animal care agency to use on an on-going basis as the
investigation continues and as the animals are forensically evaluated
and then held as evidence. Immediately begin a system for tracking the
costs associated with the care and treatment of the animals, in order to
provide that information for restitution and preconviction forfeiture
purposes.
9.12.2.6 Media Plan

The media tends to be interested in animal cruelty cases, and agencies
and organizations should expect and plan for a media response (see
Chapter 14 for more detailed guidance on media and fundraising).
References
1 Constitution of the United States, Amendment 4 (USA), (1791).
2 Illinois vs. Rodriguez (1990) 110 S. Ct. 2793.
3 Garner, B.A. (ed.) (2019). Black's Law Dictionary Standard, 11e, 325.
St. Paul, MN: Thomson Reuters.
4 State v. Dicke (2014) 258, Or. App 678.
5 National Animal Care & Control Association (2014). NACA guidelines.
https://www.nacanet.org/wp-
content/uploads/2019/03/NACA_Guidelines.pdf. (accessed 30 May
2021).
6 Animal Behavior Associates, Inc. (n.d.). TASERS® for animals?
https://animalbehaviorassociates.com/tasers-for-animals (accessed
30 May 2021).
7 State vs. Newcomb, 359, Or. 756, (2016).
8 Wilson vs. Arkansas, 514 US 927, 936, (1995).
Notes
1 Oregon (State vs. Will, 885 P.2d 715, 719, [1994]; Constitution of
Oregon, Bill of Rights, Unreasonable Searches or Seizures 1859
[OR]); Hawaii (State vs. Lopez, 896 P.2d 889, 901, [1995]; The
Constitution of the State of Hawaii, Bill of Rights, Searches, Seizures
and Invasion of Privacy 1968 [HI]); New Mexico (State vs. Wright,
893, P.2d 453, [1995], 460–461; Constitution of the State of New
Mexico, Bill of Rights, Searches and Seizures 1911 [NM]).
2 State vs. Fessenden/Dicke, 355 Or. 759, (2014); Tuck vs. United States,
477 A2d 1115, 1119, (2001); Siebert vs. Severino, 256 F3d 648, 657,
(2001).
3 State vs. Newcomb, 359 Or. 756, 768–69, 375 P.3d 434, 441–442,
(2016): “As an abstract proposition, we accept that a person who
owns or lawfully possesses an animal, and who thus has full rights of
dominion and control over it, has a protected privacy interest that
precludes others from interfering with the animal in ways and under
circumstances that exceed legal and social norms. Thus, for example,
if a dog owner walks his dog off-leash down the street, and the
friendly dog runs over to greet a passerby who pets it, that act of
petting the dog would invade no possessory or privacy interest; a
contact of that kind would fall well within social norms and
conventions, even if by petting the dog the passerby discovers
something concealed from plain view (e.g., that under the dog's thick
fur coat, the dog is skin and bones to the point of serious
malnourishment). On the other hand, if the passerby produces a
syringe and expertly withdraws a sample of the dog's blood in the
time that it would take to greet and pet the dog, that contact would
violate the owner's possessory and privacy interests, even if the
passerby did so for a valuable scienti ic study (e.g., whether local
animals were infected with an easily transmitted virus); such a
contact would fall well outside social norms and conventions. As
those examples suggest, determining the existence of a
constitutionally protected privacy right in property depends not
only on the nature of the property itself, but also on the nature of the
governmental intrusion and the circumstances in which it occurred.”
4 An example of this can be found in State vs. Newcomb, 359 Or. 756,
(2016), where an of icer seized a “near emaciated” dog under the
plain view exception after seeing the poor body condition, learning
from the suspect that she had no food on hand for the dog, and
witnessing the dog eating nonnutritive items in the yard and dry
heaving. Based on his training and experience he believed the dog
was suffering from neglect.
5 San Jose Charter of Hells Angels Motorcycle Club vs. City of San Jose,
402 F.3d 962, (2005) – the court held that the shooting of dogs at
two residences was an unreasonable seizure and an unreasonable
execution of the warrants because exigent circumstances did not
exist and because the of icers failed to develop a realistic plan for
incapacitating the dogs despite a week of planning. Brown vs.
Muhlenberg Twp., 269 F.3d 205, (2001) – the court found that the
shooting of a pet is clearly unlawful when the animal “pose[s] no
imminent danger and whose owners were known, available, and
desirous of assuming custody.” Viilo vs. Eyre, 547 F.3d 707, (2008) –
the court held that it is a violation of the Fourth Amendment for a
police of icer to shoot and kill a companion dog that poses no
imminent danger while the dog's owner is present and trying to
assert custody over her pet.
6 Green vs. City of Phoenix, WL 4016484, (2019), at 6–7 – the location
listed in the warrant was incorrect and the warrant was served on
the wrong location and the homeowner's dog was killed. U.S. vs.
Wagoner, WL 6940506, (2020), at 3–11 – description in the warrant
did not match the suspect's residence, warrant speci ied a different
residence than the one actually searched. Cohn vs. DeWeese, WL
3906227, (2010) – the wrong address was on the search warrant
and the descriptors in the warrant did not match the description of
the wrongly searched residence.
7 If you have the transcription of an interview you want to include or a
veterinary report that you are relying on for your probable cause,
then this is an appropriate method to include those documents.
8 Acknowledgment to the Oregon Humane Society for case materials
provided and used in generating these examples.
9 As of January 2021, 25 states criminalize possession of ighting
paraphernalia: CA, FL, IL, IN, IA, KS, LA, MD, MI, MS, MO, NE, NH, NJ,
NY, OK, OR, PA, SD, TN, TX, UT, VT, and WA.
10 Finding an elk body in a chest freezer of a suspect known to be a
hunter or discovering a decomposing goat body that is not
salvageable for a necropsy are examples of deceased animals you
would not be likely to recover evidence from for your case and
therefore would not be seeking to seize.
11 Acknowledgment to the Oregon Humane Society for case materials
provided and used in generating these examples.
12 State vs. Fay, WL 7051326, (2020) – the court found that civilians
assisting with the warrant execution did not violate the Fourth
Amendment but “[I]t may be wise for of icers to notify the issuing
magistrate of the fact that civilians will assist in a warrant's
execution, when it is possible to do so.”
https://www.animallaw.info/case/state-v-fay (accessed 9 August
2021).
13 See Appendix C for job descriptions of on scene roles.
14 See Section 9.2 on “Prewarrant Considerations.”
10
Evidence Collection
Emily Lewis
Evidence collection in an animal cruelty case can be as simple as seizing

and packaging a receipt from a feed store or as complicated as seizing
an unsocial pregnant Chihuahua. This chapter will take an in-depth
look at evidence collection in criminal animal cruelty investigations.
Building on the foundation of basic animal husbandry laid out in
Chapter 2, this chapter will establish what could be considered
evidence, how that evidence should be attained and packaged, and the
various ways to document the evidence. Given that the conundrum of
living evidence can result in a reluctance to investigate these cases in
the irst place, this chapter also seeks to alleviate any hesitation by
providing guidance on the measures that can be taken to adhere to
proper evidence handling protocols, while doing so humanely when
dealing with living beings.
10.1 What is Evidence?

Evidence is a broad term used to refer to “something that tends to
prove or disprove the existence of an alleged fact” [1]. For the purposes
of this book, we are focusing on evidence relevant to animal cruelty
cases and the measures that can be taken to promote its usefulness at
trial. Evidence can be a document, a tangible item, recordings, or
testimony.
10.2 How Evidence in Animal Cruelty Cases

Differs from Traditional Property Crimes
In many ways evidence collected in animal cruelty investigations does
not differ from traditional property or person crimes, but in other
obvious ways it is drastically different. That stark contrast can be
attributed to the presence of living and nonliving evidence in animal
cruelty investigations.
10.2.1 Nonliving Evidence

Using the language of the law that has allegedly been violated is
important in determining what would be evidence in that animal
cruelty investigation. If the law contains terms or phrases that are
vague or subjective, then law enforcement, prosecutors, and
veterinarians need to discuss what the terms mean both in the context
of the case law of the jurisdiction, accepted practices within the
community, and in the veterinary medical ield.
10.2.1.1 Paperwork
Paperwork is a relevant piece of evidence for almost every animal
cruelty violation. In neglect and abuse cases veterinary records provide
a timeline, can prove a mental state, can reveal additional victims, and
establish ownership. Paperwork is a signi icant piece of evidence in
animal ighting cases. Documentation of matches, breeding and trading
arrangements, or rules of the game are extremely relevant. Do not
overlook receipts as another form of paperwork relevant to an animal
cruelty investigation. Receipts from a feed store or pet shop for animal
care products or from a renderer in a livestock case can go a long way
in piecing together a timeline and con irming or undermining
statements made by suspects and witnesses. Finally, paperwork can
become the backbone of large-scale breeder or animal rescue cases.
Establishing how long an animal is under the care and control of the
suspect is crucial to those cases, as well as determining what other
parties may be able to provide additional information to investigators.
It is also important to note that documenting the lack of paperwork (i.e.
veterinary records, adoption contracts, feed invoices) is also relevant
evidence to the case (Figure 10.1).
10.2.1.2 Medication
Medication is an obvious piece of evidence in an animal cruelty case. If
an animal is suffering from a chronic condition, such as an ear infection,
and the suspect has no medication for that condition, that is compelling
evidence. If the suspect has a prescription medication onsite but the
bottle is full and never administered, that is compelling evidence.
Medications, steroids, and hormones are commonly found at the scene
of an animal ighting location and are important pieces of the puzzle
when investigating these crimes. In some states even the possession of
such paraphernalia is a crime.1 Another important factor to consider
when deciding to seize or just photograph medications on the scene is
whether the medication is for a life-threatening condition, seizures for
example, and it is likely you will need to provide the animal with that
medication before the animal can see a veterinarian for that condition.
It is extremely important to consult with a veterinarian or have a
veterinarian on the scene and involved in evaluating the medications
found during an investigation.
Figure 10.1 When investigating a rescue, collecting paperwork like this

helps establish a timeline for how long the animal has been in the care
of the suspect.
10.2.1.3 Husbandry Supplies

Rarely does a photo of an animal being kept in poor conditions sustain
a neglect charge on its own. Without documentation of the presence or
absence of species-appropriate husbandry supplies it becomes very
dif icult for a prosecutor to meet their burden in proving the case.
Again, law enforcement must partner with experts to understand what
the husbandry needs are for the species they are investigating in order
to evaluate adequately the reported violation.
10.2.1.4 Habitats
In many neglect investigations, the habitat an animal is residing in is
relevant evidence. From the water source to the nature of the bedding
provided, the whole habitat is important to the forensic veterinary
evaluation. Of course, depending on the size and species of the animal,
you may not realistically be able to seize an entire habitat. In those
cases, be sure to document the enclosure or area through other means
so any medical conditions can be evaluated in that context. Experts will
be helpful to law enforcement in this arena as well, to indicate what
aspects of the habitats are tied directly to the health and welfare of the
animal(s) at issue. For example, reptiles require, among other things,
very speci ic heat and light accommodations (Figure 10.2).
10.2.1.5 Electronics
Electronics play a rapidly expanding role in people's lives; do not ignore
them as a source of viable and relevant evidence in animal cruelty
investigations. If you have the processing resources and the probable
cause to believe evidence will be found on a suspect's phone or
computer, consider collecting them as evidence. If you are unfamiliar
with processing this type of evidence or do not have the resources to
facilitate the forensics necessary to extract the evidence, then it is not
advisable to seize these items. In collecting electronics as evidence, you
are representing that you will process them as such. It is worthwhile to
look for lash drives or other electronic storage devices, particularly in
cases involving large-scale breeders or rescues and in animal ighting
investigations.
Figure 10.2 (a and b) Connecting ulcerated feet to a urine-soaked
enclosure, or bone disease to inadequate light sources, provides
necessary evidence in a case and could make the difference between
offense levels in some states.
10.2.1.6 Deceased Animals

The body of a deceased animal found on the scene can be extremely
valuable evidence to a case or it can have almost no evidentiary value.
The veterinarian assisting in a case may not be able to ascertain any
relevant or useful information from an animal who has been deceased
for an extended period of time. If the body is discovered in a freezer and
appears to have been stored there close in time to when death
occurred, it is likely a veterinarian would be able to garner information
from that body that could be helpful to an investigation. If you do not
have the resources to remove and store a large animal body, like a horse
for example, then consult with your expert veterinarian and take the
photos, videos, and any samples they suggest as an alternative to
removing the entire body. Often the area surrounding a dead animal can
provide signi icant information to a veterinarian with respect to how
the animal died (see Chapter 11). When deciding to seize a dead animal
as evidence, consider what that animal will add to the case with respect
to proving or disproving the violation that has been reported. Do you
know how long the suspect had that animal? Will you be able to
determine a cause of death? Are you able to identify that animal
speci ically? If you can determine the cause of death, will you also be
able to pinpoint on or around when death occurred?
10.2.1.7 Where and How to Look for Relevant Nonliving

Evidence
Sometimes nonliving evidence in animal cruelty investigations is
located in areas you would not expect. First, if the situation is
appropriate, consider asking the suspect where to locate particular
items like vet records or medications. In scenarios where the suspect is
not receptive to these questions or you are not permitted to question
the suspect, you must be thorough in your search for nonliving
evidence. As mentioned in Chapter 9, records, receipts, and other
animal husbandry supplies can be found in outbuildings and vehicles
around the property. Animal medications are frequently found on
nightstands, coffee tables, and in the medicine cabinet of the bathroom.
Occasionally vet records or notes can be found at the bottom of purses,
posted on the refrigerator, or in the kennel with the animal. Be sure to
check all freezer locations on the scene for remains of deceased
animals, in addition to recently disturbed earth or burn piles on the
property (Figure 10.3).
10.2.2 Living Evidence

Not only is the animal itself evidence, but it is also categorized as
“property” under the law. This makes the animal victim a unique type
of evidence because the evidence animal is property but is also alive
and has sentience.
10.2.2.1 Which Animals Are Evidence?

We have established that the animals subject to an animal cruelty
violation are considered evidence. It becomes more complicated when
the suspect possesses additional animals who are either not victims of
the violation currently being investigated, or, for any number of
reasons, do not appear in the moment to be suffering from neglect,
despite residing in the same circumstances as the clearly victimized
animals.
Always return to the language of the search warrant, the language of
the statutes you are investigating, and the opinions of the experts when
a question of authority to seize a particular piece of evidence arises. If
there is a species of animal not addressed in your search warrant and
that animal is perhaps housed in a different location on the property –
an indoor cat you discover during a search warrant about neglected
horses, for example – then you likely do not have the authority to seize
that animal. A search warrant in an animal cruelty case is not a blanket
pass to seize every animal on a property.
Figure 10.3 (a–e) All of these areas may contain animal remains or
other evidence of animal cruelty. A plastic bag in the freezer shown in
(d) contained the remains of the cat pictured in (e). Before you search
in these areas, review the warrant document to con irm you have the
authority to do so.
That being said, it is possible that you will discover additional animals
of varying species who are also evidence of an animal cruelty violation.
Therefore, it is important to include “any other neglected or abused
animals” in your search warrant as part of the list of evidence to be
seized. If you discover animals who are victims of a completely separate
crime than those discussed in your af idavit, it would be best practice to
contact your prosecutor to determine whether or not you lock down
the scene and amend the warrant with the new information.
The decision around what animals to seize gets more complicated when
you encounter animals of disparate body conditions living in the same
or similar environments. These are the scenarios in which the
veterinary expert on the scene is extremely valuable. Keep in mind it is
ultimately the lead of icer on the case who will take responsibility for
which animals were seized, but the of icer should do so through
thoughtful discussion with a veterinarian and in review of the language
of the relevant statutes. An animal may be a perfect weight, but if the
state law requires a certain level of sanitation be met, or if the other
evidence indicates there is no food available to provide to the animals,
then there is still cause to seize that animal. In animal hoarding cases
the population of animals will develop a hierarchy when competing for
resources, which will lead to varying body conditions in the population.
A veterinarian will be able to explain this phenomenon and the reality
that the hierarchy will continue to reproduce itself, such that any
animals left behind will continue to be prevented from accessing what
few resources are available. A veterinarian will also help you
understand the amount of food and other resources necessary to care
for the population of animals found at the scene, and this can help in
the decision of which animals need to be seized.
10.2.2.2 Options if Not Seizing All the Animals

If certain animals are not seized, it does not mean that you abandon
your oversight of their care. If you do not have the probable cause to
seize an animal at the scene, but the amount of food remaining and the
chronic failure to provide care to other animals on the property create
concern for the remaining animals, there are some actions you can take.
If the veterinarian tells you the amount of food on the scene is enough
to feed those animals for two days, let the suspect know you will be
following up after that time to con irm that additional food has been
procured. If there are medical issues in the early stages of development
with any of the animals, have the veterinarian generate a treatment
plan the suspect needs to implement, and then follow up to con irm
that it was implemented or addressed. Finally, if an of icer is concerned
about a suspect's ability to care for animals going forward, they can talk
with the prosecutor about the terms of the release order and the
stipulation that the suspect not possess animals in the interim of trial
or the resolution of the case.
10.2.3 Where and How to Look for Live Animal Evidence

Even though animals are living pieces of evidence, it can still be very
dif icult to locate the animal evidence at a scene. Common challenges
include items and debris preventing access to areas housing animals,
intentional hiding of animals by the suspect, or unconventional layout
of outbuildings and kennels (Figure 10.4).
When you are responding to an animal hoarding case or a location with
a lot of debris for animals to hide in and around, the best tools you have
are patience and remaining calm. Try to use as few animal handlers as
possible in order to reduce the stress level for the animals, with the
hope they will reveal their location. Let the expert handlers guide
where that species of animal is likely to hide and use caution when
capturing a cornered and/or panicked animal. An individual who
hoards animals as well as items creates an environment that will take
all day to process thoroughly. Make sure to keep an eye out for carriers,
cages, or vivariums and be sure to check inside each one you ind.
Behind and under furniture are common areas for scared animals to
hide. Remember that some animals can get into cupboards, on top of
appliances, and in closets. The panicked nature of the animals and the
necessity to ensure the safety of the handlers, means that mutiple
attempts to capture an animal may be required before they can safely
be secured in a carrier or processed through the evidence staging area
(Figure 10.5).
Figure 10.4 This enclosure, and several others like it, were discovered
in a closed off room attached to the back of a barn. The layout of the
building and entry and exit points concealed this room from crime
scene processors until well into the search warrant execution. A review
of an aerial map of the property revealed its existence prior to closing
the scene, but it could easily have been overlooked if scene processors
had not been diligent in reviewing the layout of the outbuildings.
Whether you are investigating animal hoarding, a bad actor animal

breeder or rescuer, or a small-scale animal neglect case, there is always
a possibility – a likelihood in some cases – that the suspect will
intentionally hide animals. Be aware this is a possibility and that it
might mean the animals have been moved to another location with an
acquaintance of the suspect. A thorough search of the property and the
buildings is very important and must include looking in rooms,
containers, and vehicles, if you have the authority to do so.
If a suspect has many animals in their custody, it is common for the
holding areas, kennels, and runs to be added on to structures in a
haphazard or disjointed way. Individuals looking for live animal
evidence can easily overlook an entire room or area if the structure is
arranged in such a way to mask the presence of that area. If you are
aware of this possibility going into a scene, you are less likely to leave
evidence animals behind.
10.3 How to Package the Evidence

Not all evidence can be packaged in the same way and that becomes
abundantly clear in animal cruelty cases. Obviously, a living animal
cannot be packaged in the traditional sense of the word at all, but the
integrity of most other evidence in these cases relies on proper
packaging. There are overarching concepts that apply to packaging
evidence regardless of the nature of the evidence: the date it was
packaged, who was the last person to package it, where it was originally
located and by who, and inally some aspect of the packaging that
indicates it has not been tampered with.
Figure 10.5 In hoarding cases locating and capturing animals can be
complicated by the amount of clutter and objects where animals can
hide. In this case, handlers worked to locate and place over 30 cats in
carriers without noticing what appeared to be an empty and darkened
aquarium against a wall. Investigators later discovered a 6′ boa in the
home.
10.3.1 What Is Chain of Custody?

The chain of custody is the thread that tracks a piece of evidence and
who it encounters, from where it was found at the scene of a crime, to
the point it is being offered as evidence of that crime. Each time the
evidence is moved, or the custodian of the evidence changes, that
creates another link in the chain. If each link in the chain is well
documented, then that piece of evidence can be given a lot of weight in
court, i.e. it would be dif icult to argue that it had been tampered with.
If there are gaps in the chain, that piece of evidence might be less
persuasive in court if it can be admitted as a piece of evidence at all.
Throughout this book, and with the chain of custody in particular, we
reiterate that it is important for all professionals working on animal
cruelty cases to remember that the animal, even though it is a piece of
evidence, is still a living, sentient being that requires care and
treatment to prevent its suffering. A break in the chain of custody does
not extinguish the evidentiary value of a living animal, and lifesaving
care or emergency treatment must never be withheld in an effort to
preserve a link in the chain of custody.

10.3.2.1 Paperwork
As referenced in Chapter 9, a signi icant amount of evidence can be
found in the paperwork in the suspect's custody. This is an example of
evidence that mirrors that of traditional crimes which law enforcement
investigate and, as such, any of icer on the scene will be familiar with
how to package paperwork evidence. The primary consideration for
packaging this evidence is to preserve its integrity by enclosing it in a
waterproof and tamperproof receptacle. Include as much information
as possible, such as where it was found, who found it, the date, the case
number, the time it was found, who packaged it, and any other relevant
information. Be aware this evidence will likely have to be referenced in
the future as the investigation continues and have a process in place to
preserve the information from the initial packaging, as well as who has
accessed and packaged the paperwork since that time. This applies to
paperwork evidence relevant to animal cruelty investigations such as
veterinary records, receipts, phone bills, sale records, adoption
contracts, litter records, breeding records, ownership documents,
calendars, invoices, post-it notes, and transfer records.
10.3.2.2 Food Samples

In certain cases, it will be important to seize samples of the animals'
food from the scene in addition to documenting the food through video,
photographs, and witness statements. Before you seize food samples,
consider why you are doing so and whether having a physical sample of
the food furthers the investigation and the potential charges. If it does
and you are sending it to a lab to get the nutrient breakdown, for
example, then be sure you are procuring the sample and packaging it in
a way that sets it up well for that purpose (Figure 10.6).
10.3.2.3 Water Samples

Water is a standard element of required care for animals in every state.
In many cases, lack of potable water can be demonstrated through
photo and video evidence, i.e. there is no water, the water is frozen, or
the water is so contaminated with debris and ilth it is clearly not
drinkable. There may be a case where it is necessary to test the water
that is available to the animals. Make sure you establish where you will
have the water samples tested and understand the packaging and/or
shipping requirements (see Appendix D for labs that offer water sample
testing). Establish this resource prior to removing water from a scene
for sampling.
Figure 10.6 Laboratories have speci ic requirements for feed
submission. Be sure to understand how samples must be collected,
stored, and shipped in order to make sure they are able to be
processed, and that the analyses are accurate. The samples of the hay
taken for this case were not taken in the manner preferred by the
laboratory and the resulting testimony from the technician was
detrimental to the case.
10.3.2.4 Tissue Samples

The animal's body can also be considered the “scene” of a crime, such
that removal of anything from the body creates a separate piece of
evidence and initiates a new chain of custody for that piece of evidence.
The chain of custody for these items needs to include the unique
evidence identi ier of the animal it was removed from. Both living and
deceased animals can have samples removed from them. During
forensic evaluation and medical treatment living animals produce
additional evidence, such as blood or tissue samples, that are extracted
for further analysis. In the course of medical treatment items such as
hair mats, nail or hoof trimmings, and teeth may be removed, and these
items will also become separate pieces of evidence. When performing a
forensic necropsy the veterinarian may remove samples from tissue
and organs for further analysis. These samples are then suspended in
formalin or other medium, as indicated by the diagnostic laboratory
that will perform the pathology. Once the samples have been sent to the
lab and tested the lab results become the evidence. It should not be
detrimental to the evidentiary value of the tissue that the process of
forensically evaluating it renders it unreturnable in its original form, as
long as the chain of custody is documented throughout the process.
10.3.2.5 Fecal Samples

A lot of evidence can be gathered through analysis of a victim animal's
fecal material. In addition to the numerous parasites that can be
con irmed, fecal tests can also indicate whether an animal ingested
nonnutritive material, usually in an effort to feel full when they are
suffering from starvation, or if there is internal bleeding, or disease.
Fecal samples can be removed from the scene where an animal was
housed or can be collected from the animal, once it has been taken into
custody. They should be refrigerated and submitted for analysis as
quickly as possible. Samples from the scene can indicate the presence
of parasites and the risk to the population of animals. Samples taken in
connection with a speci ic animal are directly relevant to the potential
charges relating to that animal. In either case, the broad concepts of
evidence collection and packaging apply: document when the sample
was taken, from where, and by whom. Like tissue samples, once the
sample has been tested, that piece of evidence becomes the lab results
and the chain of custody will follow the sample through the testing and
result process.
10.3.2.6 Medication
In most cases, animal medications are relevant to an animal cruelty
investigation and need to be seized and/or documented. It is important
to package the medication in a way that will not cause it to spill or leak,
because the amount of medication and the condition you found it in are
part of what constitutes its evidentiary value. Be sure to consult with
your veterinarian about what environment the medications must be
stored in to preserve their condition. Also keep in mind at some point
the medication may need to be counted, measured, or photographed
after it has been seized and placed in Protective Custody.
10.3.2.6.1 Medication for an Existing Life‐Threatening Condition

It is very important to determine as soon as possible whether an animal
you are seizing also has medication at the scene for a life-threatening
condition. An example of this would be an animal who has seizures or is
suffering from diabetes and is currently on medication to manage that
issue, or any animal who is being treated with antibiotics or painkillers
for a critical illness. Veterinarians need to be on the lookout for these
types of medications and feel empowered to speak up if one is located.
Instead of transferring the live animal and the medication seized as
evidence to separate locations, the medicine and associated chain of
custody forms must follow the animal. The chain of custody for the
medicine needs to include documentation of when, how much, and who
administered it to the animal.
10.3.2.7 Mats
Preserved mats from a severely ungroomed animal can be compelling
evidence in an animal neglect case. After you have documented the
matted animal with photographs, if the mats are dry when you remove
them you can consider packaging them in a plastic bag. If the mats have
any amount of moisture in them, package them in a paper bag and
continue to replace the packaging as the evidence soaks through the
bag or begins to dry out. As with any evidence removed from a victim
animal, the animal evidence identi ier for the animal needs to be
included in the information on the packaging of the mats from that
animal.
10.3.2.8 Restraints (Collars, Leashes, Halters, Ropes)

Restraints are seized as evidence, particularly in an investigation into
the sexual assault of an animal, embedded collar or halter case,
abandonment cases, and starvation cases. When these are forensically
evaluated after they are initially seized, they may even produce
additional evidence in the form of blood, hair, nails, and DNA. Again, if
the restraint is at all damp, package it in a paper evidence bag to give it
the opportunity to dry out, before transferring it to another type of
evidence packaging option. Any evidence that is removed from the
restraint during the forensic evaluation is given a separate evidence
identi ier and separate chain of custody forms that include the evidence
identi ier for the restraint and/or the animal the restraint was removed
from.
10.3.2.9 DNA
10.3.2.9.1 Human
Veterinarians and traditional law enforcement need to partner on cases
where forensic veterinary exams are likely to discover potential human
DNA. Traditional law enforcement will have procedures in place for
how these samples need to be extracted and where they can be sent for
evaluation. Prior to removing ibers or swabbing beneath claws on an
animal in an effort to locate human DNA, veterinarians should have a
conversation with the law enforcement partner in that case.
10.3.2.9.2 Animal
In the majority of cases, animal DNA testing is not going to be necessary
to prove the animal cruelty violation, but it is good to understand the
resources available when a case outcome does rely on that information.
In 2010, the University of California, Davis Veterinary Genetic
Laboratory became the location for “Canine CODIS,” a dog DNA
database focused on linking animal ighting rings and perpetrators [2].
UC Davis Veterinary Genetic Laboratory also processes animal DNA in
furtherance of animal cruelty cases where it would be relevant, such as
theft of a companion animal, identifying remains, distinguishing
between predation and physical abuse, and linking a suspect to an
animal cruelty crime scene or event [3]. Their website is very speci ic
about the sampling and packaging requirements and must be reviewed
prior to engaging in the process. It is important to note that DNA testing
in these cases can be a very expensive endeavor. Consider whether it is
necessary to prove the violation you are alleging and explore options
for inancial assistance if it is a necessary step in your investigation (see
Appendix D for resources for inancial assistance and animal DNA
testing laboratories).
10.3.2.10 Animal Remains

Just as the living animals can be evidence in a case, so too can deceased
animals. On the scene be sure to consult with your lead veterinarian to
determine whether seizing the body of an animal would further your
investigation. Often a dead animal on the scene is too decomposed and
an exam would not garner much useful information. If there is a large
animal deceased on the scene, again consult with the responding
veterinarian or contact a partner veterinarian. In many cases
documenting the deceased animal's positioning and surrounding areas
and seizing certain samples from the body can be enough for the
veterinarian to evaluate the death, without having to seize a 1000+ lb
animal and preserve it until trial. If you seize an animal at the scene, put
the body in a plastic body bag and label it as you would all other
evidence you seize from the scene. Some jurisdictions may require you
to label this bag with a biohazard indicator.
Unless a necropsy can be performed within 24 hours of receiving the
body, the body must be refrigerated until necropsy, and can remain in
the body bag until then. If refrigeration is not an option, then freezing is
acceptable; however, some tissue changes and testing can be altered or
compromised with freezing. Remains can safely be refrigerated for
prolonged periods of time (weeks) until exam if needed with little
further decomposition. In both instances, the best way to package and
preserve an animal body long term is in a body bag in a refrigerator or
freezer environment. The location itself should be a secure area if it is
walk-in freezer storage, or have restricted access, if it is a stand-alone
unit. Af ix a tag to the body bag with the identifying information listed
and the chain of custody forms available to track the body if it is being
moved for necropsy or photography. If an animal body is thawing in
preparation for a necropsy, be sure to place something underneath it to
prevent any liquids from contaminating other evidence or areas. If a
necropsy is conducted, do not dispose of the remains at the conclusion
of the exam. Repackage the remains into the body bag and secure them
in the refrigerator or freezer area until the lead of icer or prosecutor on
the case gives you different instructions. Keep in mind in some cases
the defense may enlist another veterinarian to examine the remains, or
in some cases remains may be returned to a family member for burial
or cremation.
Depending on how large an animal body is, it can be very dif icult or
expensive to preserve the body in a refrigerator or freezer until trial. It
is worthwhile to inquire with the lead of icer or prosecutor on a case
about dispositioning deceased animals that are being held pending
resolution in a case. The prosecutor can give the defense an
opportunity to examine the body, and if all the evidence has been
gathered with all parties having an opportunity to review/examine it,
then the body should be approved for disposition and not have to be
held in storage until trial.
10.3.2.11 Animal Organs, Bones, Body Parts

Preserving animal organs or body parts follows the same parameters as
preserving the body as a whole. Animal bones can be dried and then
packaged and retained outside of cold storage. Maintaining the chain of
custody throughout the drying process is important.

10.3.3.1 Labeling and Evidence Identifiers
Evidence animals need to be uniquely identi ied and labeled with that
identi ier for chain of custody and charging purposes. The tendency can
be to assign the evidence animal a number as their unique identi ier.
This can become problematic when the animals are then given names
by their caretakers and the animal needs to be tracked using two
different unique identi iers (e.g. the numerical ID and the newly
bestowed name). This issue can be resolved by assigning unique
evidence letters to the animals on the scene rather than numbers. The
animal is then assigned a name that begins with its evidence letter. This
allows staff to refer to the evidence animal by name but preserves the
unique evidence identi ier from the scene within that name (Figure
10.7).
Figure 10.7 (a and b) The dog in this case was assigned the unique
evidence identi ier of “BN” and was given the name “Baxter Norton” to
match his evidence identi ier.
Depending on the temperament and species, labeling the evidence

animals can be easy or it can be almost impossible. The identi ier is
intended to be temporary, as seized animals are property belonging to
the defendant, and unless necessary for medical reasons or chain of
custody, the animals should not be permanently altered in any way
(microchipping, tattoo, branding, etc.) while being held in Protective
Custody. Dogs and cats can be labeled with temporary collars listing
their evidence identi ier. Horses and livestock can sometimes be
labeled using a livestock crayon directly on their shoulder or rump. It is
also possible to braid an evidence label into a horse's mane as a
labeling option with more longevity. Leg bands can be used to label
poultry and birds. Herds of livestock that are bred to look identical
present a challenge to labeling and might need a more permanent
identi ier such as an ear tag. In some cases, scene processing might
involve the use of a chute in order to adequately process and identify
the animals (Figures 10.8).
Small animals, such as rabbits, pose another problem for labeling with a
unique identi ier. With these types of animals, try to use a marker and
write the identi ier on the inside of their ear. Be creative if you need to,
but it is worth the time to come up with a solution. The need to identify
and distinguish each animal from the scene is crucial in each case, and
there must be a plan in place for this component of the evidence
process prior to responding to a scene to remove animals.
Figure 10.8 (a–f) Some animals can easily be connected with their
evidence ID using a collar, like cats and dogs. Livestock animals can be
more dif icult to label, requiring more creative solutions like braiding a
key ring into a horse's mane and securing it with a zip tie. Leg bands for
identifying birds are readily available online or at local feed stores.
10.3.3.2 Photographing on the Scene

There are two types of photographs you need to take of evidence
animals on the scene – photos that clearly depict how they appeared as
you found them in the environment and then an identifying photo with
a placard that lists their unique evidence identi ier. Photographing the
animals as you found them when you arrived on the scene is important
evidence for the investigation. These are the photos that will be
especially compelling when you later pair them with the veterinarian's
evaluation of the animals (Figure 10.9).
They can also capture behaviors and postures that are relevant to the
examining veterinarian and the case. Depending on the set-up of the
enclosures or the area the animals are being housed in, it can be
dif icult to get clear photos of every animal in this way. Do your best to
capture the animals and their environment (Figure 10.10).
If there is redundancy built into your scene-processing procedures,
then you will always be able to link a victim animal to where they were
kept on the property and have clear photos of what that speci ic area
looked like, even if you were not able to clearly capture that in a single
photo. For example, each animal's evidence placard will list their
evidence identi ier and the location in which they were housed on the
scene. If you take photos of each area that housed animals after the
animals have been removed, you can connect those photos to the
animals housed in that area, based on the location represented on their
evidence placard (Figure 10.11).
Figure 10.9 (a and b) The gray rabbit in the cage can be viewed in the
environment that may have contributed to the medical issues he was
later diagnosed with during his forensic exam.
Figure 10.10 This dog's posture and demeanor provided the
veterinarian in this case additional information about the dynamics
with the other dogs she was housed with, which likely contributed to
the condition she was found in.
Figure 10.11 (a–h) In this series of photos the location is clearly
marked with the name given to the outbuilding, “Site II,” and also the
enclosure within that outbuilding, “Unit 3.” The evidence placard for the
horse housed in that enclosure references those identi iers, which
connects the horse to that location and those conditions on the scene.
Once you have determined which animals were housed in which areas,
you can denote those areas on the initial scene video and initial scene
photographs, even further linking the speci ic animal to their location
on the property. The location the animals were found on the scene will
also be recorded in the Property in Custody (PIC) paperwork and any
inventory forms kept by the evidence technicians during the scene
processing.
It is extremely important to get a photo of the animal identi ied with its
unique evidence letter (or number) prior to leaving the scene. Once the
evidence animal departs from the scene, the chain of custody for that
animal begins to develop. Knowing how dif icult it can be to maintain a
pristine or traditional chain of custody for a living animal, it will
strengthen your case to have photos of every single animal from the
location before there is any vulnerability in the chain of custody that
could be exploited later at trial. If the temperament or species of the
animal prevents you from taking an evidence photo with a placard at
the evidence-processing area, then be creative about how you can get
the photo with the evidence identi ier. For example, if cats living in an
animal hoarding situation need to be captured and crated inside the
residence, then bring the carrier to the evidence-processing area and
take a clear photo of the placard and in the very next photo take the
picture of the cat through the front of the carrier as best you can
(Figure 10.12).
If you have a pasture containing dif icult-to-handle livestock, you can
employ the same strategy: take a photo of the placard and then focus
the camera on the animal in the pasture and take its photo before the
stress of loading onto the trailer makes it too dif icult.
(See Chapter 9 for the context of photographing the live evidence in
your scene processing procedures.)
10.3.3.3 Property in Custody Form

Traditional law enforcement of icers are accustomed to using a PIC
form in their cases, but most of those forms are not created with living
animal evidence in mind. This means that you will have to be creative
on the scene with making sure you are illing out all the areas on the
form in a way that is consistent and adequately represents the piece of
evidence you are listing. Try not to be too speci ic with breed
designations or advanced color descriptions of the animals on this list,
because veterinarians and other experts will be generating reports
later that may use different terms in referring to the same animal,
which can cause unnecessary confusion. For example, list cats as
“adult,” “juvenile,” or “kitten” rather than estimating their ages in years
and months. Also, be aware if the animal you are listing is presented to
you with additional items of evidence attached to them, for example
wearing a collar, or a harness, or living inside of an aquarium. Think in
advance about how you are going to document that on the version of
the PIC form you have available to you.
Figure 10.12 (a) The evidence placard associated with this cat was
photographed irst to identify that this orange tabby was located in the
house uncontained (i.e. not in a unit), and has been assigned the
evidence identi ier “AC.” Then the photo that follows (b) captures the
cat and connects her to the information on the placard before she is
transported away from the scene. Always do your best to get at least
one identifying photo of each seized animal before they leave the
property.
10.3.3.4 Chain of Custody

It takes training and effort to maintain an ironclad chain of custody for
a living animal piece of evidence. If the individuals caring for and
medically treating the evidence animals understand why it is so
important, they are more likely to adhere to the policies and
procedures in place to carry it out successfully. The prosecutor must be
able to demonstrate the animal being referred to in court is the same
animal who was seized as evidence on the day it came into the care of
law enforcement, a veterinarian, or an animal shelter. In order to prove
that is the case, a prosecutor will need to be able to trace who has
interacted with that animal since that day. If the prosecutor struggles to
meet this requirement, it can result in some or all the evidence related
to that animal (exams, lab results, photographs, behavior assessments)
becoming inadmissible at trial.
One way of preserving the chain of custody for an evidence animal is
through hardcopy chain of custody forms. These forms act as a sign
in/out for anyone interacting with the animal (see Appendix B for
templates of these forms that you can use). Make the process as simple
and convenient as possible to increase the likelihood that staff and
volunteers will take the time to adhere to it. Include provisions in your
policies and procedures for collecting this paperwork on a regular basis
and include it in the case ile (Figure 10.13).
Figure 10.13 This form tracks the chain of custody for a live animal.
Every instance the animal was fed, walked, provided enrichment,
examined, or otherwise engaged with by any person was tracked on
this sheet that was connected to the secured area the animal was
housed in.
A way to bolster the chain of custody documentation is to house the

evidence animals in a secure location. This can be a designated, secure
area of a shelter, it can be a secured warehouse facility, or it can be a
single kennel that is locked with a padlock only authorized personnel
are able to access (Figure 10.14).
If you are housing livestock animals who are evidence, you can add
additional security to a pasture or barn to ensure animals are not being
removed or tampered with. Consider adding cameras that could
support your written chain of custody documentation. When you are
thinking creatively in advance about where and how you can securely
house the evidence animals, it is helpful to pair that thinking with
listing the vulnerabilities of that location, and how you can address
those.
Many traditional property rooms that house stagnant evidence use
specialized software to electronically tag and track the evidence. Again,
these systems have been developed without thinking extensively about
the concept of living animal evidence. The software, and the technology
and equipment necessary to implement its use, can be expensive but
ultimately can create a more user-friendly and detailed tracking of
evidence in your custody (see Appendix D for a list of companies
commonly used by law enforcement for this purpose). It is worth
noting that all chain of custody methods rely on the users' consistency
and adherence to policy and procedures. The strength of the chain of
custody is not enhanced or reduced by the method an agency chooses
to document it – it is determined by the individuals creating the chain.
A well-utilized paper system or a creative utilization of an existing
shelter software or database can be equally as effective as an electronic
tracking system typically used by law enforcement.
Figure 10.14 It can be easier to track chain of custody and monitor a
population of protective custody animals when they are housed in a
secure warehouse away from other animals. This is especially true if
you are working with a unique group of animals like the ighting
roosters pictured in the warehouse in (a). However, running an entirely
separate facility creates a signi icant drain on resources. If Protective
Custody animals are housed in a shelter alongside animals that are
available for adoption, like the dog in (b), additional measures need to
be taken to ensure their security, such as the chain and lock
combination shown here.
10.3.3.5 When an Evidence Animal Requires an Emergency

Response
Given that these investigations by and large involve an injured or ill
animal, in some cases that victim evidence animal will be in critical
condition. Animals must not suffer neglect while in your care,
evidentiary status notwithstanding. Provide swift and adequate
treatment as needed. The chain of custody is important during all
veterinary exams of evidence animals, but it must never result in
withholding the administration of lifesaving care and treatment to a
victim animal.
There are many ways to connect the links in the chain of custody. Draft
your policies to re lect a scenario in which, if an animal needs
emergency, lifesaving care, the chain of custody will be documented
through witness statements and veterinary records so as not to hinder
the necessary medical care to the suffering animal.
10.3.3.6 Pregnant Evidence Animals

Inanimate evidence does not multiply after being taken into custody,
but animals can and will do that. If a pregnant animal gives birth, you
do not treat the offspring as the same piece of evidence as the animal
who gave birth, because they are a completely separate living beings at
that point. Once a pregnant evidence animal gives birth, each offspring
is treated as another animal in Protective Custody in that case. That
means each offspring receives a unique evidence identi ier and
dedicated chain of custody forms. It is important to notify the
prosecutor and the lead law enforcement of icer on the case when this
occurs (see Chapter 13 for Protective Custody foster options for
evidence animals born in care).
10.3.3.7 Evidence Animals That Cannot Be Touched or Handled

Some cases involve evidence animals that are dangerous or dif icult to
handle. Animals who that are untrained, feral, venomous, frightened,
protecting young, or wild make the application of the basic principles of
evidence collection and tracking very dif icult, if not impossible. The
safety of the individuals processing the scene and caring for the
evidence animals in Protective Custody is of paramount concern. The
safety of the animals themselves is also a signi icant factor to consider.
Always equip yourself with the best animal handling experts at your
disposal for the species you expect to encounter. Learn about these
resources prior to needing them.
If you are on the scene and unable to capture an evidence animal safely,
there are alternatives that can be considered. One option is to leave the
animal(s) in the care of the owner with speci ic directions on what care
needs to be provided and the timeline by which it needs to be provided.
If the animal needs food, water, or over-the-counter medication and the
scene response team has those resources available, the of icer and
veterinarian can collaborate on the decision of what to provide to the
owner. Provide these instructions in writing, with a copy to the
provider, and make a note of this in your report. Another option that
some agencies may employ is the use of sedation or anesthesia. In some
cases, sedating a dangerous or otherwise unhandleable animal is the
most humane and safe option for capture and transport. The use of
chemical capture methods requires the proper equipment and
licensing, and must be planned and performed by a veterinarian or
other professional certi ied in administering these drugs. Depending on
the species and how cooperative the owner is, another option is leaving
live capture traps for these animals. Without exception, these traps
need to be checked with strict regularity if this option is employed.
In most cases, if you enlist trusted expert handlers and serve a warrant
as early as possible to give yourself enough time, you will likely be able
to safely capture even behaviorally dif icult animals. This is an example
of a time you would have to be creative in obtaining an on-scene photo
of the animals with their evidence identi ier. Ultimately it may not be
possible, but the effort should be made. For example, you may have to
photograph a fearful cat after they have been captured and put into a
carrier. Take a photo of the evidence placard and then take a photo of
the cat through an opening in the carrier. If it is too dangerous to
photograph a horse while it is being led by a handler, then take a photo
of the evidence placard with the unique identi ier and then photograph
the horse while it is loose in the pasture or after it has already been
loaded, through a gap in the trailer wall (Figure 10.15).
On the scene, lag the carriers or transport vehicles with these
particular animals so the individuals intaking the animals are aware
and can take precautions. Make a plan in advance with the intake team
that you will use an obvious signal, like brightly colored duct tape
af ixed to the carriers or across the trailer door, to provide a clear
indication to use extra caution as the animals contained inside present
a behavior risk. This added visual cue can reduce the risk of accident or
injury when these animals arrive at the next phase of their processing.
The veterinary exams of these animals are likely to be different from
those of animals that are easier to handle. It is important for the
veterinarian to be consistent in the exams of the dif icult animals and
explain in the inal veterinary report why the exam process was
different for that population of evidence animals (see Appendix B for a
veterinary exam form that includes a behavior score and notes about
handling).
Instead of these evidence animals receiving less human interaction
because they are likely dangerous, they need more attention given to
their behavioral enrichment (see Chapter 13 for more information
about enrichment for Protective Custody animals). The day these
animals are removed from a property may be the irst day they have
ever seen another human, been treated by a veterinarian, or had
experience of riding in a vehicle; any one of which would be a terrifying
experience for them. As they become more comfortable with their
surroundings, con ident in their interactions, and healthier, many of the
animals initially thought to be unsocial or aggressive may prove to be
resilient and affectionate companions. Give the animals a chance to
come around after the traumatic experience of being processed in an
animal cruelty case before you give them a label that could be
detrimental to their future placement.
Figure 10.15 Attaching the evidence placard to the end of this pole
permitted the scene-processing team to document this agitated stallion
at the scene without putting themselves or the horse in danger.
10.3.3.8 Aquatic Evidence Animals

The general principles of live animal evidence collection and
preservation apply regardless of the species. If a case involves aquatic
evidence animals, make the best effort you can to document and
identify them individually on the scene. Enlist veterinary and animal
husbandry experts prior to taking these animals into custody so they
can receive the necessary forensic exams and be provided the proper
care while in Protective Custody. Connect the chain of custody forms
with their habitat, in a way that documents who is interacting with
them and when.
10.3.3.9 When an Evidence Animal Bites
Inevitably an evidence animal is going to bite or otherwise injure
(scratch, gore, sting, kick) a staff member or a volunteer who is
interacting with them. This does not change anything about their
evidentiary status. It is worthwhile to evaluate the circumstances of the
bite, to rule out the possibility it was motivated by a response to pain
from an injury or illness. Otherwise, any organization that is working
with – either caring for or medically treating – Protective Custody
animals needs to have policies and procedures in place for responding
to a bite incident. The policies will include referral to any Public Health
Administration or Occupational Safety and Health Administration ()
requirements for employers, employees and volunteers, as well as state
requirements for reporting the incident, quarantine of the animal, and
documentation in the animal's medical notes. Staff routinely engaged in
veterinary medicine and animal handling should consider a
prophylactic rabies vaccine, especially in areas of known rabies
transmission.
10.3.3.10 Euthanizing Evidence Animals

Given the nature of living evidence, it is likely at some point an evidence
animal will pass away or must be humanely euthanized while it is still
under Protective Custody; that is the nature of this evidence. If there is
an emergency situation, such as a badly abused cat who presents as a
part of a cruelty investigation, or an animal becomes hopelessly sick or
injured while in care, a veterinarian must be consulted to determine the
need to act immediately to provide humane euthanasia if no other
treatment options are viable. Do not withhold humane euthanasia to an
actively dying animal, based on its status as evidence. In the event a
shelter is housing an evidence animal that requires euthanasia by
trained and licensed nonveterinary staff, the same requirements for
documentation and decision making hold true. Consult a veterinarian
in these cases, whenever possible without prolonging an animal's
suffering.
In some cases, an evidence animal's medical condition has progressed
such that the quality of life and prognosis for recovery do not offer a
humane situation for that animal. An example of this would be a cat
with leukemia that has progressed, and palliative care does not keep
the animal in a reasonable amount of comfort. Acute emergencies may
occur, such as canine bloat, that even with veterinary intervention may
result in the demise of the dog. In any case that you have time, prior to
the action of euthanasia, attempt to alert the prosecutor and/or lead
law enforcement of icer on the case, but again do not unnecessarily
prolong the suffering of the animal and take immediate action when
necessary.
Document these scenarios well and make that documentation part of
your chain of custody paperwork and your discovery to the prosecutor.
Include what time the animal was found, by whom, and what steps
were taken to render aid and/or determine that euthanasia was
appropriate. Do not dispose of the body until authorized to do so by the
prosecutor. Package and label the body and store it in a cooler, if one is
available, until a decision is made regarding necropsy. The veterinarian
and prosecutor will discuss whether a necropsy in the case of a
euthanasia, unattended, or unexpected death of an evidence animal
would contribute important information to the case.
10.4 What to Do with Evidence Until Trial

10.4.1.1 Evaluation and Documentation After Seizure
To further your investigation into the alleged crime, after nonliving
evidence is seized, put a plan in place for evaluating and further
documenting that evidence. Count and compare medication to
veterinary receipts and timelines. Review transfer records and
adoption contracts and compare them to the animals seized from the
scene. This information can be included in the veterinarian's report
along with a timeline that explains, in the best manner possible,
injuries and illnesses the veterinarian discovers. Laptops and cell
phones need to be taken to a lab or facility that can forensically
evaluate them and report on the content. Depending on whether the
suspect is in custody, some of this evaluation and documentation needs
to happen very quickly and can in luence the charging decision of the
prosecutor. When a person is being held in custody (i.e. jail), there are
strict timeframes that expedite the charging process to ensure that an
individual is not kept against their will for a prolonged period of time.
10.4.1.2 Defendant's Access

At some point the defendant may ile a motion to view and evaluate the
evidence. This motion will typically be granted. If there is nonliving
evidence located somewhere other than a traditional property room,
the prosecutor and/or lead law enforcement of icer must play an active
role in orchestrating when and how the defendant interacts with that
evidence. This responsibility should not fall to the veterinarians or
animal care agencies, who do not have the expertise or experience to
navigate that encounter without outside assistance. This process
should mirror, to the extent possible, the existing process in place at the
law enforcement agency for defense viewing of evidence and should be
documented in the chain of custody paperwork.
10.4.2 Live Evidence

10.4.2.1 Duties and Expectations for Holding Live Evidence
When agreeing to be the caretaker for evidence animals, an
organization and the individuals responsible are committing to meeting
speci ic expectations and duties. All participating entities and
individuals must discuss these expectations and duties prior to the
intake of the evidence animals so there is no confusion. Providing role
clarity and details about everyone's responsibility will prevent
mistakes and errors that could have a negative effect on the
investigation and outcome of the case. Holding live evidence means that
every effort will be made to maintain the chain of custody; that the
animals will receive proper husbandry and adequate veterinary care
for their species and physical conditions; that any documentation
produced in relation to the animals while they are being held will be
preserved and disclosed to the prosecutor and lead law enforcement
agency on the case; and, inally, that the animals will be held in
Protective Custody until their status as evidence changes.
10.4.2.2 Is All Paperwork Associated with Ongoing Care of the
Animal Evidence?
The process of multiple individuals caring for a population of animals
produces a lot of documentation, such as medication logs, veterinary
treatment records, cleaning, exercise, and movement records. All this
documentation is part of the case record for as long as the animal
retains its status as evidence. Prohibit staff and volunteers from taking
unof icial photos of the animals who are being held as evidence, and
make sure they understand that any photographs they do take must be
submitted to the case ile. Behavior notes or medical treatment notes
also will become part of the case ile. Even emails sent to other staff
members referencing the care, improvement, decline, or behavior of the
animals can be considered evidence in the case that is required to be
produced to the prosecutor. Thus, planning ahead and training the
individuals involved in caring for the animals about how to properly
document the animals' care and progress, such that it is not occurring
through personal emails or text messages, facilitate the process of
accurately gathering this information when necessary.
10.4.2.3 Is Recovery Considered Evidence?

The charges and subsequent prosecution of an animal cruelty case will
rely on the evidence relating to the condition or circumstance of the
animal at the time the alleged crime was committed. A judge may not
deem the condition or circumstances of the animal since it was
removed from the defendant's custody and control relevant to the case.
If there is not documentation of recovery, for example if the animal was
never seized or located, it does not negate the charge and the existing
evidence of the crime that was committed. There may be cases where
the documentation of recovery of a victim animal who sustained an
injury or suffered from illness or emaciation can be considered relevant
evidence in the case. However, some prosecutors may hesitate to
introduce evidence of a recovered animal in a trial because it can give
jury members or judges comfort about the status of the animal, which
can translate into leniency in their review of the facts of the case.
10.4.2.4 Third‐Party Owners

In investigations into breeders, boarding facilities, or animal rescues
there are often third-party owners of the evidence animals. Have a plan
for responding to these individuals going into the investigation. When
animals are seized in a case, they are evidence, and the forensic exam
conducted in the irst 24 hours provides additional crucial evidence to
the case. Do not disposition a seized evidence animal to a third-party
owner prior to undergoing all the forensic documentation and exam
necessary for the case.
If the Protective Custody animal has been documented, examined, and
is not in a critical medical condition, then the agency holding the animal
must collaborate with the prosecutor and/or law enforcement agency
about the plan for dispositioning the owned animals to the third-party
owners. There may be stipulations around this endeavor, such as a
signed agreement to make the animal available as needed in the
investigation, or a stipulation not to return the animal to the custody or
control of the defendant.
10.4.2.5 Defendant's Access

A defendant has a right to view and evaluate the evidence, but when
that evidence is also the victim of the crime the parameters around
what kind of access a defendant gets may differ. Typically, the defendant
will enlist an agent to view the evidence on their behalf, either a
veterinarian or their lawyer. As with the nonliving evidence, the
prosecutor and the lead law enforcement agency must be involved with
the logistics of how this access is carried out. It is best practice for
anyone who participates in the visit to the evidence animals to generate
a report about what happened and what was said or discussed at that
time. Although it may be logistically dif icult to facilitate, particularly
when evidence animals are being held in Protective Custody foster care,
it can often be helpful to the resolution of a case for a defendant to have
a party they trust view the animals and the way they are being kept and
treated.
10.5 Evidence at Trial

The trial is the reason so many precautions are taken when it comes to
safeguarding and tracking the evidence in criminal cases. Prosecutors
have an extremely high volume of cases and often cannot begin their
preparation until the week of or the week before trial in many animal
cruelty cases. Throughout the course of the case through the criminal
justice system, it is important to keep in regular contact with the
prosecutor assigned to the case. Once the prosecutor feels con ident the
case will be going to trial in the short term, it is helpful for the animal
care agency and/or the lead law enforcement agency to remind the
prosecutor what evidence is being held pending the outcome of that
proceeding. To demonstrate the odor to the judge or jury the
prosecutor may want to admit the bag of shaved mats into evidence at
trial instead of a photo. The prosecutor could request the bottle of
medication seized from the scene or the collar found on the victim
animal. The chain of custody documentation must follow the item to
and from court.

On rare occasions the living animal who is the subject of the case is
subpoenaed into the trial as evidence. Before this happens, there are
several arguments the prosecutor needs to make in an effort to prevent
this circumstance. First, the animal is the victim of the crime and the
psychological impact not only of being subjected to the unfamiliar
courthouse but also of being confronted with their abuser should not
be discounted. Second, the actual presence of the animal must be
relevant in order to be admitted as evidence. The prosecutor must push
back to determine what is gained by subjecting the living animal to this
experience rather than using photography and videography to
demonstrate the relevant evidence to the judge or jury.
If live animals are required to be present at the trial, then
accommodations must be met. If a judge decides that it is relevant and
necessary for the victim animals to be present at the trial, the animal
care agency is within their rights to request a plan for entry through
courthouse security, times, and locations the animal(s) may relieve
itself, and who will accompany the animal in the courtroom. As with the
nonliving evidence, make sure to maintain the chain of custody to and
from the courtroom.
10.6 Evidence After Trial

The conclusion of the trial does not equate to immediate disposition of
the evidence being held for that case. There are various factors that
agencies holding evidence must consider and grapple with when
dispositioning evidence, both nonliving and living.

10.6.1.1 Timeframes for Retention
Depending on the nature of the crime and the evidence, there are
statutory mandates on how long an agency must retain the evidence.
For example, records related to a case involving a homicide are likely to
have longer retention time periods than records from a lower-level
misdemeanor charge. If you are a veterinary clinic or animal care
agency in possession of records related to a criminal investigation
without the means to preserve those records, make sure the law
enforcement entity investigating the case has the full complement of
those records in order to meet their obligation under the law.
State laws will likely accommodate requests to dispose of biological
evidence prior to the inal adjudication of the case or before the
statutory retention period. Typically, early disposal of evidence would
require noti ication and approval by the prosecutor and adequate
notice to the defendant. If a veterinary clinic or an animal shelter is
holding biological evidence related to a previously closed or
adjudicated case, a representative can, and should, contact the law
enforcement agency assigned to the case to determine appropriate next
steps.
(See Appendix D for examples of state laws regarding retention and
disposition of evidence.)
10.6.1.2 Notice to Defendants

Many state statutes require notice to the defendant prior to disposition
of evidence in their case. Generally, this would consist of a certi ied
letter sent to their last known address indicating what evidence is
being dispositioned and explaining what action they need to take if they
would like to reclaim the item(s). If you do not have a safe and secure
location to return evidence to individuals, it is your responsibility to
provide an alternative method for returning the items and documenting
the return. Typically, if the previous owner of the evidence does not
claim the evidence within a certain timeframe (speci ied in your
notice), the evidence will automatically be dispositioned.
10.6.1.3 Disposal Methods

If evidence has been released for disposal, the items must be disposed
of safely and in accordance with state law. Biological evidence must be
disposed of in an approved method for that item. Animal shelters that
are equipped with a crematorium can utilize that equipment for
disposal of released evidence. Records must be destroyed in a way that
ensures con identiality and upholds protection of criminal justice
information in accordance with that state's laws.
10.6.1.4 Use at Shelter or Donation to Shelter

When dispositioning evidence from an animal cruelty case, some items,
such as kennels or cages, may be suitable for use in an animal shelter or
with an animal rescue. Releasing an item to inventory or donation is
only a viable option when the retention time has expired, and the
original owner of the item has opted not to reclaim the item. In order to
include this as a disposition option, an agency must include criteria in
their evidence policies regarding what requirements must be met,
including the nature and quality of the item. The following is an
example of how this would be covered in a policy manual:
In an effort to reduce unnecessary waste, when an item of evidence

is unclaimed by an owner and no longer needs to be retained for
purposes of a criminal case, it can be incorporated into the shelter
inventory if:
It is of a quality that meets the needs and requirements of the
shelter.
Agency Supervisor provides approval in writing.

You want to do your best to honor the principles of evidence
disposition in how you treat the animals involved in a case but
remember you are adapting them to living beings. Think about how you
can apply inanimate property evidence principles of disposition to this
living evidence. Ask yourself, what are the underlying important
principles or concepts to uphold and how can those be adapted
humanely to living evidence?
10.6.2.1 Third‐Party Owners

In some cases, the animal care agency may be required to maintain the
victim animal through the conclusion of the trial, despite documented
third-party ownership. When the case has concluded at the trial level, it
is an appropriate time to approach the prosecutor or the lead law
enforcement agency with a request to disposition the evidence to that
third party, if the defendant’s ownership has been forfeited. Even if
there are reservations about the ability of that third party to provide
proper care for the animal, it is unlikely there is a legal means to
prevent the return of the animal to an individual with existing
ownership rights to that animal. It is important to remember in that
situation, the case involved only the defendant and not the third party.
10.6.2.2 Adoptions
If the conclusion of the trial phase of a case results in forfeiture of the
animals to the animal care agency, then proper disposition of those
animals can occur through adoptions to new homes. Making the
animal(s) available for adoption could carry with it varying degrees of
risk. Defendants can move to appeal both a preconviction forfeiture and
a trial verdict, but must give notice of intent to do so on strict
timeframes. Defendants can also ile a motion to stay, which, if granted,
prevents the parties from moving forward with the outcome of a
preconviction forfeiture or the execution of a sentence until the appeal
has been heard and decided on. Communicate with the prosecutor
assigned to the case to understand the status of ownership of the victim
animals and, if possible, discuss with counsel the level of risk your
organization is willing to take on in moving forward with adoptions
immediately after a forfeiture proceeding or a verdict at trial.
There are other factors to consider in post-trial adoptions as well. Some
states have laws that directly contemplate the court vesting ownership
in someone other than a shelter.2 It is important to consider whether or
not to include any specialized language or clauses in the adoption
contracts of victim animals (see examples in Appendix C). Some states
speci ically criminalize the act of adopting a victim animal and
returning it to the defendant,3 and this could be underscored in an
adoption contract in those states. If the adoption agency has ownership
of the victim animals, they are within their rights to include special
requirements for adopters of those animals. Animals are resilient and
remarkable in their ability to recover from severe trauma, but in an
effort to spare them that fate a second time, it is the responsibility of
their caretakers to make best, legally sound, efforts to ensure their
future safety.
10.6.3 Conclusion
Evidence collection, documentation, and presentation to the court may
seem like an arduous and impossible task; one that is fraught with
pitfalls and potential for mistakes. However, it is the evidence and the
handling of this evidence – whether inanimate or living – that carry the
story of the affected animal and preserve the integrity of the system,
from the events that led to the animal's status as evidence, to
presentation in front of a judge or jury who ultimately determine the
outcome of the case. When the fundamentals of good process,
documentation, and follow-up are paired with solid reporting, everyone
involved in evidence collection can rest assured that they have done an
excellent job in their part of a criminal animal cruelty case.
References
1 Garner, B.A. (ed.) (2019). Black's Law Dictionary Standard, 11e, 697–
698. St. Paul, MN: Thomson Reuters.
2 University of California Davis (n.d.). Using a CODIS (Combined DNA
Index System) to ight dog ighting.
https://vgl.ucdavis.edu/forensics/canine-codis (accessed 30 May
2021).
3 University of California Davis (n.d.). Pioneering animal forensic
science through collaborative research and evidence-based science,
establishing best practices, and providing expert testimony.
https://vgl.ucdavis.edu/forensics (accessed 30 May 2021).
Notes
1 As of January 2021, 25 states criminalize possession of ighting
paraphernalia: CA, FL, IL, IN, IA, KS, LA, MD, MI, MS, MO, NE, NH, NH,
NY, OK, OR, PA, SD, TN, TX, UT, VT, and WA.
2 Arkansas, “appropriate place of custody,” Arkansas Code Annotated,
title 5, subtitle 6, chapter 62, subchapter 1, s 5-62-106(d) 2009 (AR);
Connecticut “any person found to be suitable or worthy of such
responsibility by the court,” Connecticut General Statutes Annotated,
title 22, chapter 435, s 22-329a(g), 29-108e(d) 1995 (CT); Indiana,
“the State Veterinarian can make recommendation to court
regarding disposition of forfeited animal that are in the animal's best
interests, and court shall give substantial weight to that
recommendation,” Annotated Indiana Code, title 35, article 46,
chapter 3, s 35-46-3-6 1987 (IN); Oregon, “the agency may give
preference to placing forfeited animal with family or friend who did
not contribute to the cruelty,” Oregon Revised Statutes Annotated,
title 16, chapter 167, s 167.348 1995 (OR); Rhode Island, “any
person found to be suitable or worthy of such responsibility by the
court,” General Laws of Rhode Island Annotated, title 4, chapter 1.2,
s 4-1.2-5(1) 2019 (RI); South Dakota, “Suitable caretaker or facility
as prescribed in rule by the board,” South Dakota Codi ied Laws, title
40, chapter 40-1, s 40-1-34 1991 (SD); Vermont, “other individual
deemed appropriate by the court,” Vermont Statutes Annotated,
Crimes and Criminal Procedure, title 13, Pt 1, chapter 8, subchapter
1, s 353(c) 1989 (VT).
3 Oregon is an example: Oregon Revised Statutes Annotated, title 16,
chapter 167, s 167.349 2009 (OR).
11
Veterinary Forensic Necropsy
Kris Otteman and Zarah Hedge
Veterinarians are trained to perform traditional postmortem (after

death) examinations. The technical term that describes this procedure
in veterinary medicine is necropsy. Depending on the type of veterinary
practice – general, specialized, shelter, or university – the necropsy
procedure may be something done often, occasionally, or always
referred to an outside expert. The necropsy serves the same purpose as
an autopsy in the human ield: to con irm or determine cause and/or
manner of death.
11.1 How a Forensic Necropsy is Different

Necropsy in a traditional veterinary case might be used to con irm and
explore a clinical diagnosis, such as cancer, or to determine if an
undiagnosed incident, such as a ruptured spleen, was the cause of an
animal's death. When a veterinarian performs a necropsy to aid an
animal cruelty investigation, the procedure becomes “forensic.” In a
forensic necropsy, the veterinarian uses medical and scienti ic methods
to collect information that may be used as evidence in a legal case.
Causes of death such as starvation, blunt force trauma, gunshot, and
hyperthermia may be con irmed or ruled out through forensic
necropsy. The process includes examination of the animal's body
including the internal organs and tissues, performing and interpreting
X-rays, as well as conducting histopathology and other laboratory tests.
The forensic necropsy is conducted in a consistent, thorough, and
objective manner. It is the responsibility of the veterinarian to gather all
the information possible and to use this information to draw
conclusions about the cause and manner of death. The veterinarian is
not in the position to determine guilt or innocence, but functions in the
important role of presenting facts and indings that are essential to the
investigation.
11.2 The Importance of the Forensic
Necropsy
Investigators should not disregard a deceased animal before seeking a
veterinarian’s advice. Critical evidence can be gleaned from badly
decomposed remains, or even dry bones, in some cases. Even in cases
where the cause of death is clear, or those with a confession in hand,
the forensic necropsy serves to provide additional or con irmatory
evidence that may impact the charges or the outcome of the case. For
example, a deceased dog is found with gunshot wounds to the head and
chest. The neighbor has admitted to shooting the dog because it had
entered his backyard and was charging at him. The veterinarian
performs a forensic necropsy at the request of the investigating law
enforcement agency. The veterinarian examines the wounds externally
and internally and can establish the trajectory as well as the bullet's
entrance and exit points. These indings show that the dog was shot
from behind, meaning it was actually moving away from the neighbor
when it was shot – evidence that casts considerable doubt on the
narrative provided to the investigator and may, therefore, change the
outcome of the case.
Forensic necropsies can also provide answers to particular questions
that arise during an investigation. For example, without a necropsy an
arson investigator cannot know if a cat was killed before the ire was
set or if its death was attributed to being con ined in the home with the
smoke and ire. Prosecutors may request necropsies as a means of
determining what charges to ile in a case like the one above. In some
cases, the additional information or questions posed by the of icer or
prosecutor may focus or direct the veterinarian to a speci ic part of the
necropsy.
Investigators, prosecutors, and animal control agencies should all
establish a working relationship with a veterinarian who is willing to
perform forensic necropsies for criminal cases. The veterinarian must
understand and adhere to consistent protocols, keep detailed notes,
generate thorough reports, and agree to testify to their indings in
court. As with any case that bene its from the help of an expert, it is
much easier to ind the right expertise before you need it rather than
wait until an emergency arises.
11.3 Necropsy at the Owner's Request

An animal owner's request for a traditional cause-of-death necropsy
can evolve into a forensic necropsy. Whether the initial decision to
conduct a necropsy stems from a veterinarian's recommendation in
order to con irm a diagnosis or an owner's request in an effort to ind
closure after the death of their pet, either can result in indings that
prompt a more thorough forensic necropsy and criminal investigation.
An example of this would be a dog who suddenly suffered multiple
seizures and collapsed after visiting the dog park, was rushed to an
emergency hospital, but died before care could be initiated. In this case
a traditional necropsy would rule out a diagnosis like heat stroke or an
underlying end-stage disease. In speaking with the owner, the
veterinarian learns that several recent reports of poisoning had been
linked to the same dog park the owner had visited. The veterinarian,
with the owner’s permission, may investigate the cause of death by
completing a forensic necropsy including examination of the stomach
and intestinal contents for evidence of poisoning and collection of
samples for possible identi ication of a toxic substance. The
veterinarian, suspecting criminal activity, would then contact law
enforcement.
11.4 Packaging and Storing Remains Prior to

Necropsy
Ideally, forensic necropsies are performed shortly after or the same day
as the death of the animal. This is not always practical or possible, and
so the method of packaging and storing the body is very important.
Because the examination of tissues (skin, muscle, organs) is the
foundation of necropsy procedures, maintaining the vitality of those
tissues is critical. Refrigeration is always preferable over freezing, when
possible. The remains are evidence and must be identi ied and
packaged as such so their chain of custody and security is
memorialized. Chapter 10 of this book contains detailed information
about properly identifying, packaging, and storing remains awaiting
necropsy as well as long-term storage after the procedure.
11.5 Forensic Necropsy Equipment and

Protocols
As the ield of veterinary forensics expands, numerous universities,
scienti ic organizations, and veterinary specialists have developed and
published recommended forensic necropsy protocols. Forensic
necropsies are performed in state-of-the-art animal crime labs and
university teaching hospitals, as well as in single-doctor practices,
animal shelters with medical services, and even in the ield at the crime
scene. They can include very sophisticated analysis such as electron
microscopy and DNA analysis, or they can be performed with a basic
surgery pack and radiology set-up. While state-of-the-art equipment
may be necessary to provide very speci ic evidence in some cases, most
cases bene it from and are conclusive as a result of a thorough and
detailed gross (visual) examination of the victim animal. Do not be
tempted to dismiss the impact necropsy can make in the investigation
of a cruelty case, and understand that a skilled clinician with modest
equipment and access to laboratory services can provide more
evidence in most cases than specialized diagnostic equipment. This
chapter provides an array of recommendations and steps veterinarians
should consider, and is intended to support, not supplant, previously
published protocols. If you are providing forensic veterinary necropsies
to aid in the investigation of cruelty cases, consider using the forms and
processes provided here or create necropsy protocols that are
particular to your practice and follow those protocols precisely.
11.6 Case History

Before beginning a forensic necropsy, the veterinarian requests, reads,
and analyzes all materials that are available from the investigation. This
includes previous medical records, the initial report to law
enforcement, and witness statements that led to law enforcement
requesting a necropsy. This does not create bias but rather informs the
doctor to consider the circumstances and to conclude, when possible,
the chain of events and outcomes. Creating a timeline of known or
suspected key events prior to beginning the necropsy and a list of open
questions that need to be answered can guide the veterinarian in their
process. Determining and documenting what did and did not cause
injury, illness, or death in the animal informs the investigator regarding
next steps and eventually the prosecutor if criminal charges are
brought.
11.7 Preparing to Perform the Necropsy

11.7.1 The Importance of an Assistant
As with any surgical procedure, an assistant can be a second or third
pair of helping hands to the veterinarian. In performing a forensic
necropsy, it can be dif icult for a lone veterinarian to perform the
procedure, make notes, place placards and measuring scales, take
photographs, and collect and package samples and evidence
simultaneously. A technician, assistant, or fellow veterinarian who can
act as a scribe, photographer, and general helper provides the
assistance and assurance you need to be certain the evidence identi ied
during the procedure is correctly recorded, collected, processed, and
stored. If you ind yourself performing a necropsy without assistance,
take your time in performing each necessary step of the process to be
certain all aspects of the procedure are completed according to your
protocol. If possible, identify staff who may be available to assist and
provide basic training on the overall process proactively (Figure 11.1).
Figure 11.1 When possible, identify and train an assistant ahead of
time. In this igure the assistant is positioning the body for initial
photos.
11.7.2 Crime Scene Evaluation

Information observed, collected, and analyzed from a crime scene is
very important to a forensic necropsy in most cases. Be prepared to
assist at a crime scene, visit a scene during processing, or review
information and evidence collected at the scene by other investigators,
veterinarians, or evidence technicians. By considering all of the
information available and related to what happened at the scene, the
necropsy is better informed, and you can conclude details that may
otherwise be left as open questions. Photos, scene diagrams, and
accelerants taken from the scene of an arson ire may assist in
processing samples to determine if the animal died before, during, or
after the ire. Antibiotics and steroid injectable drugs collected at a
“game cock” farm prompt the veterinarian to investigate the injuries
and deaths of poultry collected with the possibility of cock ighting in
mind (Figures 11.2 and 11.3).
11.7.3 Photography
Photographs become evidence and also illustrate the veterinarian's
indings during necropsy. The investigators, attorneys, judges, and jury
will all need to understand your indings, and photographs are the best
way to ensure comprehension. Make sure the camera you use can take
clear, close-range photos or, if it is not able to, avoid taking photos at
close range. Make sure the date and time stamp feature is set to the
correct date and time. Insert a data storage card that is clear and has
ample memory. While photographing evidence, never delete a photo in
the series, even if it is blurry or is a photo of the inside of your coat
pocket. Missing photo iles can look suspect in a criminal case packet.
Take photographs throughout the necropsy and include views that
demonstrate key indings such as scars, wounds, bruising, and internal
bleeding. Place a measuring scale next to wounds to show size. As
mentioned in Chapter 7, use the three-point (far, mid, and close-up)
technique of photography to clearly document the position, aspect,
extent, and other attributes of the inding you are documenting. It can
be helpful to create a log of photos that lists what each photo
demonstrates, as a reference for report writing. Always use a camera;
do not use a personal cell phone. For more information on
photographing evidence, see Chapter 9.
Figure 11.2 Supplies and equipment found in the animal's
environment provide clues that are invaluable to understanding the
overall conditions in which the animal has lived.
Figure 11.3 These medications discovered on scene support the
probability that the deceased birds were used for cock ighting.
11.7.4 Video
Videography is not commonly used to illustrate indings in necropsy
procedures; however, use of video to document a speci ic inding in a
necropsy is warranted if this is the best way to illustrate the inding.
When video is utilized, include the concepts of proper identi ication
and perspective, and only have audio on if you intend for the audio to
be part of your report. Verify the correct date and time on all camera
equipment prior to use.
11.7.5 Medical Notes, Forms, and Templates

Working from a form or template can help ensure all procedural steps
are followed and recorded. A voice recorder or dictation software may
be helpful, especially when performing necropsies without assistance.
Prepare for documentation ahead of time by selecting appropriate
forms, and have charts and references available that will facilitate
thorough and orderly documentation. If possible, become familiar with
the forms ahead of time and use the same system with all cases to
ensure consistency. Handwritten notes, computer-typed notes, and
recordings are all acceptable means of documentation that can be
utilized when compiling the inal necropsy report.
A necropsy form listing all major areas of evaluation is helpful to ensure
nothing is forgotten. The use of body scar or wound charts aids in
documenting scars and wounds present on the body, which is useful in
many cases, including suspected animal ighting and nonaccidental
injury cases. Body condition score charts for the speci ic species should
be utilized and a body condition score recorded during the external
exam. Other charts, such as dental charts, are useful for capturing
organized and correct documentation.
11.7.6 Necropsy Tools and Equipment

Prior to beginning the forensic necropsy, it is important that you have
all the necessary speci ic equipment to perform the procedure. Put
together a necropsy kit with appropriate instruments for the species
and size of the animal to be necropsied (see Appendix B for a Medical
Exam Equipment Checklist). This may include surgical instruments,
such as a scalpel blade and forceps, to enable the veterinarian to enter
and evaluate internal organs, scissors or garden shears to cut into the
thoracic cavity, and a hand saw, hatchet, or Stryker saw to enter the
skull. Large and small scales should be available during the necropsy to
allow for documentation of weight of the animal and animal tissues.
Trajectory rods or similar tools may be useful for tracing the path of a
projectile, such as a bullet. The kit should also include various
measurement tools, including a scalpel handle with measurement on
one side, measuring tape, and rulers. Other equipment to have on hand
includes various sizes of plastic ziplock bags, paper bags, various sized
jars with formalin ixative, microscope slides, syringes and needles, and
synthetic swabs on plastic shafts. Other testing equipment may be
needed depending on the type of samples and testing that are needed
for the speci ic necropsy.
11.7.7 Forensic Necropsy
For further information on the topics in this section, see [1].
11.7.7.1 Step 1 Initial Exam of Remains and Accompanying

Materials
Prior to handling the remains and any other items that are included
with the remains, proper personal protective equipment should be
donned. Handling and performing a necropsy can potentially expose
individuals to various infectious and zoonotic diseases, and protective
equipment such as gloves, gowns, boots, coveralls or scrubs, face and
respiratory protection may be needed.
Maintain appropriate chain of custody records for remains and samples
throughout and after the necropsy procedure by documenting how the
animal was received, stored, moved, and by whom. Record what is
known about time of death and conditions, and where the animal was
prior to receipt, including information about storage conditions and
location.
Assign a veterinarian to complete the exam and other individuals such
as technicians, veterinary students, or law enforcement personnel who
will carry out duties including scribe, photography, sample collection,
radiography, or other needed assistance. These individuals work under
the direction and authority of the veterinarian in charge of the
procedure. Record the names and duties of all individuals involved or
assisting (Box 11.1).
Include the following steps as appropriate to the case:
Complete an evidence placard including unique case number

and/or animal identi ier and animal description (weight, sex,
species, breed, approximate age, date, and time).
Photograph the packaging undisturbed (Figures 11.4–11.6).
Photograph the documents and materials included with the
package.
Photograph in an “opened state” including:
Right and left lateral recumbency
Dorsal and ventral
Cranial and caudal views
Record the weight of the remains without packaging or other items
and take a photo of the scale used for this purpose.
Scan for a microchip and look for tattoos and/or ear tipping, or
other tags or identi iers, and record that information found on the
placard, in the notes, and with a photograph.
Document and take photos of all items presented with the body,
such as halters, tags, collars, bandages, and leg bands.
Box 11.1 Example
Veterinary technician Sally Smith completed radiographs of the

remains and assisted throughout the necropsy as both scribe
and general assistant. Detective Joe Jones from the Pleasantville
Police Department served as photographer.
Figure 11.4 Start taking photographs upon receipt of the remains
and continue throughout the process.
Figure 11.5 Collect far, mid, and close-uprange photos in sequence
to show animal identi ication and overall appearance.
Figure 11.6 Photos verify important procedures and demonstrate
chain of custody.
Search for and collect trace evidence on the body.

If samples for DNA analysis of animal remains are necessary, note
the sample’s origin, such as blood, fur, or tissue and label it clearly
with an evidence identi ier.
If collection of samples for DNA analysis from an inanimate object
is warranted, use caution to avoid cross contamination with other
samples and use an evidence identi ier and source description (for
example, knife blade, #23456).
Change gloves between types of evidence as appropriate to avoid
cross-contamination (Box 11.2).
11.7.7.2 Step 2 Diagnostic Imaging

Full-body radiography of the deceased victim is recommended, prior to
all forensic necropsies, as this additional diagnostic step con irms
suspected indings and may unveil unknown or otherwise dif icult-to-
ind evidence. Previously healed fractures of ribs or other bones,
projectiles, or ingested materials that could be overlooked or unseen,
such as foil, are found with imaging. Diagnostic imaging should be
performed when decomposition obscures or causes loss of identifying
features and/or there is evidence of trauma in animals. Taking standard
overall full-body views is suf icient for initial imaging.
Guidelines for imaging include:
Box 11.2 Example
DNA from dog with bites and stab wounds and DNA from sample of
blood and on handle of knife could be used to identify victim, dog
bite aggressor (dog bites), and human assailant (knife), and to
con irm that blood on knife is from victim dog.
Full-body radiographs and speci ic additional views of areas of

concern. Plan ahead based on case history for special views or
techniques, such as use of probes, that may assist in inal
determination and illustration of indings.
Record the name of the technician performing imaging and include
it in the report.
Ensure that all radiographs are properly labeled, including date
and animal ID, and the location where they were taken (hospital
identi ication).
Diagnostic imaging should be performed in all cases of
nonaccidental injury, gunshot injuries, charred remains, and
decomposed remains.
11.7.7.3 Step 3 Plan for Diagnostics

Veterinarians performing forensic necropsies must have access to a
diagnostic laboratory that can provide histology and a facility that can
provide diagnostic imaging. Access to a radiologist or other expert to
assist in concluding diagnostic imaging indings is helpful in some
cases.
Toxicology is a vast ield of analysis, thus narrowing the suspected
toxins and planning ahead to collaborate with the laboratory of choice
to determine sample collection and preservation is essential. Most
common sampling for toxicology includes blood, plasma, stomach
contents, liver, and kidney.
The histology, chemistry, toxicology, or other reports should include
identi ication of the laboratory and individuals who performed the
tests, the source of the sample (canine, liver, animal ID, and case ID), the
type of test or screen performed, the method used, results of the test,
and interpretation to the extent possible (normal, abnormal, toxic
level). It is bene icial to contact the laboratory in advance of requesting
specialized testing to ensure samples are collected and stored properly
for the testing that is needed. Oftentimes, storage containers or swabs
that would be needed for the speci ic test can be ordered in advance
from the laboratory.
Microscopic Findings
Histopathology should be considered in many cases, especially those
without obvious cause of death after gross necropsy or to con irm
diagnosis. Careful consideration of what to sample and how to preserve
samples prevents loss of integrity of the sample. In many cases, it is
prudent to collect standard samples from organs and preserve the
tissues in formalin, properly labeled and securely stored in case
histopathology is necessary in the future. Saving samples for toxicology
may require larger volumes of speci ic organs that are preserved by
refrigeration and are perishable. Plan ahead by contacting the lab once
potential toxins are identi ied so that the process proceeds quickly and
ef iciently (Box 11.3).
Box 11.3 Example
All samples must be collected, labeled, packaged, and preserved

with both the integrity of the sample preservation and the
protection of the chain of custody in mind.
Example: Sections of left and right kidneys and liver were collected
during the necropsy of Sparkie (patient ID 123456, case number
21-2468) and placed in laboratory-provided plastic containers with
formalin. The containers were labeled, laboratory request form for
histopathology, case history, and chain of custody forms are
completed and included in the package to be shipped to Oregon
Veterinary Diagnostic Laboratory.
11.7.7.4 Step 4 External Exam

Perform the external examination in a manner similar to that of a live
animal, and record detailed indings by use of a scribe, notes, or
recording device. Document and photograph the body condition score
of the animal. If available, use a species-speci ic body condition score
system and include that system in the documentation. Details
surrounding muscle mass and external fat stores should be included,
along with the body condition score. Verify the sex of the animal if
possible from external examination. Document and photograph
presence of tattoos, spay/neuter scar, or other surgical scars and
medical shaving. Evaluate and photograph the eyes, ears, nails, claws,
hooves, and/or beak as needed to demonstrate their condition.
Dentition, external parasites, and fecal and/or urine scald should be
evaluated and documented [2].
Estimating the time since death, or postmortem interval (PMI), can be
important in forensic cases. However, it is important to understand that
estimating time of death accurately is challenging as it is widely
dependent on many factors, including both internal and external
environmental factors, species, and time since death (accuracy declines
as the timeline increases) [3]. No one method can reliably estimate time
of death [2]. Algor mortis, the cooling of the body after death, has been
used to estimate time of death, but studies have found that animals cool
at different temperatures, making extrapolation between species
dif icult [2]. Document if the body is in rigor mortis and if livor mortis is
present; include the speci ic location(s). Rigor mortis results when
muscle contracts after death as a result of depletion of the normal
chemicals produced by the body. Muscles remain contracted until
decomposition begins. Rigor mortis typically occurs between 2 and 6
hours after death and persists for 36 hours, but this is subject to
different factors including environmental and antemortem internal
temperature of the animal [2]. If the body was frozen prior to
postmortem exam, it will affect some indings, and the ability to record
rigor mortis. Livor mortis occurs as a result of the effect of gravity on
the luids in the body after death. Blood and other luid will pool on the
dependent or downward side of the body once the heart stops. Lividity
can provide insight as to the position the animal was in during the time
immediately postmortem. In comparison, livor mortis in humans sets in
30 minutes to 2 hours postmortem, and ixed livor between 8 and 12
hours [2]. The level of decomposition in the body, the presence of
insects, whether postmortem scavenging occurred, and other
postmortem changes should also be documented. Describe odors, such
as those found with decomposition, external substances, feces, and
urine, and note whether there is urine scalding or staining, pressure
wounds, or fecal material present on the coat.
Document external wounds, scars, and injuries prior to removal of hair,
feathers, or debris. The scars/wounds are measured and documented
on a scar/wound body chart as well as described in the necropsy
record. The injuries should be described by type, size, location, shape,
pattern, and any other important feature. Photographs of scars and
wounds should be taken at various distances (close-up, midrange, and
far away) as part of evidence collection. Hair can be clipped around
wounds or to evaluate for areas of bruising that are not readily seen,
due to the presence of the hair coat. Use a photo scale and take a
minimum of one photograph per inding, including a faraway photo to
illustrate the wounds or injury position on the body, a midrange photo,
and a close-up of each wound. Examples include wounds, bites,
lacerations, urine staining, pressure wounds, bruising, or evidence of
scavenging. Use a photo scale to show the size of indings in photos.
Look for and document the degree of decomposition, rigor, presence or
absence of parasites, and any other indings.
11.7.7.5 Step 5 Internal Exam

If possible, the necropsy should be performed in a designated area that
has running water, good ventilation, and can be cleaned and disinfected
(or rinsed in the case of a ield necropsy site). Follow a stepwise
approach and thorough evaluation of internal contents and organs to
prevent missing a step or forgetting to document or collect crucial
information. If possible, position the animal on the dorsum or left side
(horse's right side). The skin should be dissected, followed by the
muscle layer and deeper tissues, to evaluate and expose bruising
and/or other external injuries. Document and photograph any
abnormalities. A routine necropsy procedure can be followed but may
be altered based on the speci ic case and initial exam indings. A photo
scale and markers can be used to demonstrate size and location of
injuries or abnormalities for photography and documentation. Probes,
wires, or other trajectory tools may be bene icial in evaluating gunshot
wound trajectory, vascular injury, or other abnormalities to the organs
or tissues. Collect relevant samples of organs, blood, urine, feces, or
gastrointestinal tract contents [1].
Oral Cavity, Ears, Integument, and Subcutaneous Exam
Document the condition of the dentition and oral cavity including

lesions, foreign material injury, or disease (Figure 11.7).
Document damage to the teeth including broken or loose teeth as a
result of disease or injury.
Examine the ears including the pinna (ear lap) and external ear
canal. Document indings of parasites, hemorrhage, or bruising.
Document and describe injuries to all subcutaneous tissues
including bruising, petechiae, or hemorrhage.
Figure 11.7 Use photography to illustrate and document speci ic
indings. In this case, broken teeth, soft tissue injuries to palate, and
mucosa above incisors are all visible. Radiographs of this feline skull
will mirror the written and photographic indings as they reveal
fractures of facial bones.
Neck
Examine the neck area including soft tissue, and the airway
including the larynx and trachea.
Dissect the dorsal and or ventral neck in cases of occult injury or
suspected neck trauma, or to further investigate radiographic
indings or other necropsy indings.
Thorax and Abdomen
Examine organs as found.

Describe evidence of surgery.
Describe adhesions, foreign body, abnormal luid, accumulation of
blood (clotted or not), penetrations, and hernias.
Remove, dissect, and describe abnormalities of organs, and list
organs examined and found to be normal.
Collect samples for microscope evaluation as warranted based on
your indings and opinion.
Head
Examine the eyes and surrounding tissues including the

conjunctiva, sclera, globe, and palpebral tissues. Make note of any
scleral hemorrhage or discoloration and intraocular hemorrhage
or discoloration.
Examine the head and remove hair and skin to access potential
trauma to head and neck regions. Dissect, as necessary.
Remove and examine the brain when indings and history warrant
this. Document epidural, subdural, or subarachnoid hemorrhage or
other indings.
Document abnormalities with photographs.
Examine and document fractures or damage to cranium and all
osseous structures.
Extremities
Examine extremities including the tail, limbs, pads, hooves, nails, and
skin, and document injuries including wounds as in other parts of the
body. Look for toenail damage for evidence of shredding of claws or
abrasions to pads; examine the base of the tail in canines and felines for
evidence of tail fracture or subcutaneous hemorrhage as a result of tail
entrapment or pull. Examine the feet, hocks, hip bones, and other
prominent areas for pressure wounds due to kenneling, or abrasions
from collars, chains, or other physical elements.
Bruising
Examine for bruising of skin, muscle, or internal organs, which

occurs in some cases of blunt or sharp force trauma or with some
metabolic or toxic diseases or events. Evaluate the skin carefully
and document bruising using photography and measurements
(Figure 11.8). Shaving the coat reveals margins and the extent of
skin bruises. Consider coat and skin color when inspecting
potentially bruised areas as dark fur and pigment of skin can make
it more dif icult to visualize the bruise. Look for subcutaneous,
muscle, and internal bruising, bleeding, and damage associated
with any super icial (skin) bruise that is found. Use the same
methods of documentation of all bruising and hemorrhage found
in all layers.
Evaluate the time and extent of bruising relative to cause of death.
Bruising develops with continued circulation of blood, thus occurs
premortem.
Fractures
Diagnostic imaging will reveal most fractures; however, some very

small fractures may not be revealed by routine radiographic
imaging. Con irm fractures visualized with imaging by gross
necropsy and photography when necessary.
Figure 11.8 Hemorrhage into skin, tissues under the skin, and
muscle results in color change and patterns. Use photographs,
written description, and photo scale to document indings. In this
case external indings aligned with internal injuries of a lacerated
liver and broken ribs.
Subluxation or microfractures of important and even vital joints

may cause death and are not seen with traditional radiographs.
Necropsy and careful dissection may reveal indings such as
subluxation of the cervical spine. Examine, photograph, and
describe tissues around the fracture site.
Determining the estimated timeline when fractures occurred may
also be important but can be dif icult owing to a variety of internal
and external factors, as well as differences between species, that
affect bone repair. Normal healing time is 8–12 weeks for most
bones; however, if the fracture is unstable, it will prolong healing
and may lead to delayed union, nonunion, or mal-union of
fractures [4].
“A rough estimate of healing time includes:
Grossly unstable fracture with hematoma only (0–24 hours)
Unstable fracture with histological evidence of undifferentiated
mesenchymal cells and neovascularization (24–48 hours)
Unstable fracture with earliest evidence of woven bone (36
hours)
Stable fracture with evidence of primary callus of bone and
hyaline cartilage (4–6 weeks)
Stable fracture with evidence of woven bone progressing to
lamellar bone (months–years)” [5].
Histology of bone fractures can be useful in identifying the healing
stage of the bones involved.
Gunshot Wounds and Projectile/Penetrating Injuries

Diagnostic imaging indings assist in guiding necropsy decisions
made by the veterinarian when investigating a projectile injury to
an animal. Evidence of projectiles may be found in remains,
depending on the caliber of a projectile, size of the animal, and
distance. If a projectile passes through an animal, the entry and
exit wounds may help reveal the type of projectile, distance, and
the position of the animal at the time of the event. Entry wounds
are typically smaller and better delineated than exit wounds,
which can vary in dimensions depending on the size, shape, and
caliber of the projectile (bullet, pellet, arrow, etc. [Figure 11.9]).
Describe all injuries and abnormalities, measure wound size, and
locate wounds.
Document the location of wounds found in the skin of extremities,
abdomen, neck, thorax, head, or limbs by inding two reference
points and measuring using a photo scale. Document the wounds
based upon the anatomic region such as head, thorax, etc (Figure
11.10).
Look for and describe the presence of gunshot-related indings
including soot, burns, stippling of hair or skin, searing, abrasion
ring, muzzle imprint, or lacerations.
If projectiles are retrieved from remains, photograph with a scale,
and document the type of projectile found if known, or if unable to
identify, indicate so.
Evaluate for pre- and postmortem hemorrhage in proximity to
these wounds.
Figure 11.9 Full-body imaging provides the examiner with information
about the size and shape of objects such as pellets, bullets, shot, or
other materials, and reveals information about their approximate
location.
Figure 11.10 The use of a linear object can help trace the trajectory of
penetrating wounds. In this photo a small circular entry wound on top
of the head is traced to the exit wound, which is larger and resulted in a
small amount of hemorrhage. These indings were consistent with a
gunshot wound to the top of the head, exiting the body at the chest and
into the ground below the cat.
Sharp Force Injury
Sharp force injuries are characterized by sharp margins of the

wounds (Figure 11.11).
Keep in mind that blunt force trauma delivered over bone or with a
large implement can spread force in such a manner as to appear
like a sharp force injury. Look at the margins of the wound
carefully for sharp cutting of hair or skin vs. a “smashed and split”
appearance.
Describe the wound(s) in terms of size, shape, and location.
Measure the depth and estimate the direction and track of wounds
such as stabs (Figure 11.12).
Examine and evaluate damage to subcutaneous tissues including
bone, organ, muscle, and fat.
Evaluate for pre- and postmortem hemorrhage around these
wounds.
Radiographic imaging provides documentation and evidence of the
presence of projectiles, which in some cases are dif icult to locate
and recover from remains.
Recover (when possible) and preserve foreign bodies of
evidentiary value (arrow, bullet, pellet, shot, or knife).
Blunt Force Injury
Describe all external (skin bruising and damage), subcutaneous,

and muscle damage.
Describe all internal (bone, organs, soft tissue) damage.
Correlate external and super icial damage to internal damage if
relevant (Box 11.4).
Figure 11.11 Describe and photograph the appearance of wound
margins and associated bleeding. This photo illustrates a clean wound
margin with sharp edges. The depth of the wound extends into the
vertebral column and is representative of one fatal blow to the dog. By
documenting the wound from the external to internal perspectives, the
story about what happened unfolds step by step.
Figure 11.12 Collect measurements of wound dimensions prior to
disrupting the overall presentation of the injury and repeat these
measurements when needed as the necropsy or exam proceeds.
Box 11.4 Example
Deep bruise to skin on ventral abdomen in 40 lb dog that extends

from last rib on left side to inguinal area cranial to caudal and from
midline to halfway between spinal column and ventral midline is
seen on external exam and well-demarcated margins are seen after
clipping the area to remove hair. Upon opening the abdomen, free
blood was found pooling in the abdomen and the left lobes of the
liver are severely damaged. The force of the external trauma carried
into the abdomen lacerating and crushing the liver, causing internal
bleeding and ultimately the death of this dog.
Puncture Wounds
Describe the size and shape of the puncture and note the pattern
and distance between punctures. For example, canine bite marks
may have a pattern of two punctures that are aligned and could be
repeated in various areas.
Describe the location on the body anatomically and by using two
reference points and diagrams or charts.
Injuries with Patterns
May include gunshot pellets, bite wounds, chemical, or heat burns.

Describe, measure, and photograph the injury and pattern size and
shape.
Describe the location of the injury.
If samples are taken for DNA or chemicals such as accelerants,
make a note of where on the body the samples were collected.
If bite wounds are sampled for DNA, make a note and photograph
which bite wounds were sampled.
Burns
Consider the type of burn and sample and document accordingly
describing the appearance, size, shape, extent, depth, smell,
distribution, and impact of the burn (Figure 11.13).
These may include heat, chemical, or electrical burns.
Drowning
Evaluate skin, pads, and extremities overall for evidence of water

saturation and wrinkling.
Evaluate the upper and lower airway for the presence of edema
and color.
Collect samples of trachea and lung for histopathology.
Examine the stomach contents for water and sample, if deemed
appropriate.
Suspected Sexual Abuse
Look for evidence of penetration of vulva or rectum such as

bruising or luid deposition around the external area.
Collect nail clippings or scrapings for analysis of trace evidence
including fur, iber, and DNA.
Search for biological stains including urine, semen, and blood
using an alternative light source.
Collect samples from susceptible areas including the oral cavity, rectum,
prepuce, or vagina. Consider low volume lushing or swabbing
techniques.
Figure 11.13 (a–c) The shape and appearance of wounds from thermal
and chemical burns may provide clues about how and when the injuries
occurred.
Starvation/Emaciation
Describe and document evidence of body condition including

presence or absence of body fat in key areas: omental (intra-
abdominal), perirenal, intercostal, and pericardial.
Document estimation of body condition score and the scale used.
Document the amount and elements of the contents of the
gastrointestinal tract including the stomach and large and small
bowel. Note what is found: food, feces, foreign bodies, liquid, dirt,
debris (pica), blood, or other characteristics.
Collect fecal samples and gastrointestinal contents, as necessary.
Bone marrow collection and analysis for fat content has been used
for further documentation of starvation [6]. If necessary, sample
the femur and locate a laboratory that can do this analysis. Normal
ranges for bone marrow fat content have been established for
canine, equine, and bovine species [6].
Strangulation
Types of strangulation may include hanging, ligature, or manual
compression. Each of these types of strangulation may result in speci ic
injuries. Observe for ligature marks or compression damage and
bruising to skin, subcutaneous, and deep muscle of the neck, head, or
other affected areas. Describe the indings accordingly. When possible,
document ligature length, type, and composition, and save as evidence.
Describe pre- or postmortem hemorrhage and bruising including

the depth and extent of these indings.
Look for and describe petechial changes in the face, conjunctiva,
periorbital tissues, sclerae, and upper trunk of the body.
Look for injury to the ribs, intercostal muscles, and thoracic
contents.
Examine and collect samples as deemed appropriate of lung,
cardiac tissue, trachea, and laryngeal areas.
11.7.7.6 Step 6 Storage of Remains after Necropsy
Disposition of Remains
Upon completion of the necropsy, place abdominal and thoracic
contents that are not collected for further evaluation into the
appropriate cavity and close the body. Suturing is not necessary or
recommended. Wrap and tag the remains including all of the assigned
identi iers (case number and animal ID). Place the remains in secure
cold storage and complete the chain of custody form indicating this has
been done. Final disposition of remains must be approved by law
enforcement and/or a prosecutor or owner or all three, depending
upon the circumstances of the case. In order to determine the
appropriate outcome, start by asking the investigator for guidance and
direction. If a determination for disposition such as cremation or other
release of remains is made, document this communication in writing.
Keep in mind that it is possible that another veterinarian may be called
to review the remains and the report if the case proceeds through the
legal process, or another expert is called in for any reason.
For More Information

The necropsy process may depend upon the type of injury or cause of
death suspected. Additional guidance for speci ic cases can be found in
Appendix A.
11.8 The Necropsy Report

The necropsy report is the place to bring together all your indings and
explain to the reader what they tell you about the circumstances of the
animal's death. All necropsy reports must be written in technical and
professional format and include layman's terms when possible, to
supplement medical terminology and improve understanding and
readability by nonveterinarians. By using a consistent format and
outline for the report, the readability improves and the report writing
task itself is less onerous. See resources in Appendices B and C.
11.8.1 Heading
The heading provides a snapshot by which the reader can ascertain key
identifying information about the case, the victim, and the veterinarian.
This section includes the veterinarian's name and contact information,
the date and time the procedure was performed, the investigating
agency, lead agent's name, the case number, and animal evidence ID.
This information can be provided in illable ields and checkboxes.
Include spaces for microchip or tag ID and a description of the animal.
Using a letterhead is a helpful way to provide information for the clinic
or agency and veterinarian.
11.8.2 Introduction and Narrative Section
The narrative explains, in the veterinarian's words, how the
information and the animal came to them and what steps they took to
prepare or review information in advance of performing the necropsy
(Box 11.5).
You may use this area to discuss additional records and reports
received, and highlight facts that may be relevant to your indings in the
forensic necropsy. If you were the veterinarian on the scene when this
animal was discovered, alive or deceased, this is the section of the
report where you can discuss your observations from the scene. If you
were provided previous veterinary records for the animal, this is the
section to highlight noteworthy aspects of those records.
11.8.3 Findings Section

The indings section of the necropsy report is scienti ic and fact based,
describing what procedures were done, what tests were ordered or
completed, and what observations you made during each procedure.
Document what you found, what you did not ind, and any unexpected
indings. Photographs in this section help to show what you are
explaining. Label the photograph and include arrows or circles, if
necessary, to clarify for the reader the area of the photograph you are
referencing.
The indings section is much like a medical record and will include
medical terminology. It will be read, however, by professionals in the
ield of criminal justice and law, and so you will want to be certain that
each of your indings also includes an explanation in layman's terms.
Similarly, explain laboratory results beyond noting that the results were
abnormal – explain what the indings mean (Box 11.6).
It is reasonable in this section to make use of your veterinary training
and practical experience in relating your indings. As long as your
statements are true (never exaggerate), it can be helpful to the reader
to understand your reactions or learn how you are comparing this
specimen or victim to a normal animal (Box 11.7).
Box 11.5 Example
I received a hand-delivered copy of incident report # 2013-12249,

written by Of icer Smith, Badge # 12345, and a lash drive of photos
from the scene. I read the report, reviewed the photos, and opened a
case within our agency, case # 98765.
Box 11.6 Example
I noted that the CK (creatine kinase) values in the chemistry pro ile
were markedly elevated. This is an abnormal inding in a healthy
adult dog. Elevated CK can be an indicator of recent acute muscle
injury. A normal canine CK range is 22–198 U/l (units per liter) and
the CK value for this sample was 1201.
Box 11.7 Example
I could smell the overwhelming stench of ammonia from 15 ft away,

before I entered the exam room. I saw that the cat's body was wet,
and the white fur was stained brown with what appeared to be
feces and urine. The cat's back paw pads and haunches were
ulcerated, and I could visualize muscle and tendon in the left hock
wound. The staining of saturation was visible from the animal's feet
up to its neck. I have not ever seen a cat so saturated with its own
excrement.
11.8.4 Summary Section

The summary section of the report makes the connections between the
indings from the forensic necropsy and the other information available
to you about the case, which should be referenced in the narrative
section. If you took samples during the forensic necropsy, you can
mention that those results are pending and how the results will factor
into your opinion.
Overall, the focus of this section is to connect the environment or facts
of the investigation to what you found on the animal. For example, if the
suspect told the of icer that the cat fell down the stairs but one of your
indings is a split palate, the summary section is where you state your
opinion that a split palate results from signi icant impact to the face and
is extremely unlikely to result from falling down stairs. Using this
example, this is the point where you introduce your expertise in animal
behavior to explain that a cat rarely, if ever, falls down stairs without
the in luence of an outside force. Think of the summary section as
building the foundation for your overall conclusions that will follow in
the next section.
If speci ic elements of an exam were not completed, include the reason
and consequences as well as the justi ication for this in this section of
the report.
11.8.5 Conclusion Section and Final Veterinary Opinion

The conclusion section differs from the summary section in that you are
making concrete statements about what all this information means. The
conclusion is where you include information about important rule outs,
such as being hit by a car, predation, or disease. If there is a barrier to
making a conclusion, discuss what that is, if it can be overcome, and
how. This is the section where you can opine about the timeline of the
death and the level of pain and suffering, and where you paint the
picture for the reader of what happened in this animal's inal weeks,
days, hours, minutes, and seconds of living. End this section with a
strong, succinct statement that embodies your inal conclusion(s)
(Boxes 11.8 and 11.9).
While forensic necropsy provides valuable evidence in most
investigations, there may be instances when it is impossible to glean
additional evidence in this manner. In cases where the evidence has
been altered or lost to time, decomposition, or other conditions outside
your control, be sure to create a narrative, record your indings and
summary, and use the conclusion section to explain this to the reader.
11.8.6 Referencing the Law

The veterinarian's ability to articulate indings in an animal case,
whether it is a live animal exam or a necropsy, can propel a case from
inactivity or avoidance into an active investigation and prosecution.
Because these cases are less frequently adjudicated than more common
criminal matters pertaining to humans, local prosecutors often
appreciate a veterinarian who not only helps them rule in or out that a
crime has occurred, but also puts the indings in context with the
relevant animal protection laws. Consider drawing a conclusion in your
report that clearly articulates what the indings may mean in the
context of the language of the animal cruelty statutes in the state. This
is not an effort to act as judge or jury but rather to bring to light the
relevant law that the prosecutor may consider (Box 11.10).
Box 11.8 Examples
Example: Decomposition of the cat was advanced to the degree that

only skeletal remains were available for exam and a cause of death
could not be determined. The time of death based on the location
and state of the remains is estimated to be greater than four to six
months.
Example: Upon examination of the animal and all of the available
medical records, client history, and law enforcement reports, it
appears that the animal died of a severe sudden metabolic event
that is not consistent with external trauma or injury. Based on these
indings, the laboratory results that are pending for toxicology are
essential and likely the inal step in either concluding a cause of
death or in concluding that I am not able to determine a speci ic
cause.
Example: The most recent injuries found are consistent with blunt
force trauma and it is unlikely that they were caused by an
automobile accident owing to the lack of damage to skin or
extremities. It is unlikely that these injuries were caused by another
animal, owing to the lack of bite wounds or damage consistent with
this type of incident. Medical records and radiographs document
three separate events in which the dog was injured prior to her
death. Rib and head fractures such as this indicate a repetitive
injury pattern that is consistent with repetitive nonaccidental
injury. The location and type of injures are consistent with blunt
force trauma consistent with kicking, punching, or throwing an
animal this size.
Box 11.9 Examples
Specific findings and timeline:

The dog was injured sometime on approximately December 2,
2012 and sustained broken ribs and thoracic trauma.
Radiographs (X-rays) taken on December 29, 2012 con irm
healing rib fractures (approximately four weeks old) and acute
(new – within days) rib fractures and a severe head injury with
acute fractures of the skull and facial bones.
Physical exam and radiographs on February 15, 2012 con irm
healing fractures consistent with injuries sustained both 6 and
10 weeks ago.
11.8.7 Signature and Attachments

Do not forget to include your signature and contact information at the
end of your report. Investigators and prosecutors need this information
for follow-up and to issue subpoenas if the case goes to trial. It is also
important to mention any related attachments or other materials that
are referenced in the report. This can be a simple statement such as
“photos of the necropsy and a copy of the radiographs and inal lab
results are provided as an attachment to this report.”
Box 11.10 Example
In summary, the forensic necropsy (autopsy) indings are consistent

with death by asphyxiation with no evidence of disease or other
causes of death found. Shredded claw nails on the front paws of this
cat may indicate an effort to hang on and get away from the event
and healed rib fractures seen on x-ray may indicate previous non-
accidental injury. Killing in the manner of
strangulation/asphyxiation is inhumane, tortuous, and results in a
very painful, stressful, and prolonged death for the cat. A person
commits the crime of aggravated animal abuse in the irst degree
(ORS 167.322) if they maliciously kill an animal.
11.9 Next Steps

After you conclude the forensic necropsy, one of your next steps is to
provide your report to the investigating entity along with a list of
remaining questions that would further enable you to evaluate your
necropsy indings. Include any open questions as a separate document
or in the narrative as appropriate. Each case offers the opportunity to
consider what else would assist the investigation, based on the
veterinarian's expert insight into the indings of the forensic necropsy
and related reports.
11.10 An Important Reminder

A major hurdle in animal cruelty investigations can be inding a
veterinarian who is willing and accessible for the purpose of
completing a forensic necropsy. Without access to these skills and the
commitment by the veterinary profession to contribute to this cause,
the animal victim, and in some cases a human victim, are voiceless and
justice is not served. The veterinarian provides the expertise to support
the truth in these cases, which not only serves justice but dispatches
cases that in fact are not criminal after the facts are exposed.
References
1 International Veterinary Forensic Sciences Association. (2020).
Veterinary forensic postmortem examination standards.
https://www.ivfsa.org/wp-content/uploads/2020/12/IVFSA-
Veterinary-Forensic-Postmortem-Exam-Standards_Approved-
2020_with-authors.pdf (accessed 16 August 2021).
2 Brooks, J.W. (2016). Postmortem changes in animal carcasses and
estimation of the postmortem interval. Vet. Pathol. 53 (5)
https://journals.sagepub.com/doi/pdf/10.1177/03009858166297
20.
3 Brooks, J.W. and Sutton, L. (2018). Postmortem changes and
estimating the postmortem interval. In: Veterinary Forensic
Pathology, vol. 1 (ed. J. Brooks), 43–63. Cham: Springer International
Publishing.
4 Kapler, M. and Dycus, D. (2016). A practitioner's guide to fracture
management. Part 2: Selection of ixation technique and external
coaptation. https://todaysveterinarypractice.com/wp-
content/uploads/sites/4/2016/06/T1509F02.pdf (accessed 16
August 2021)
5 Ressel, L., Hetzel, U., and Ricci, E. (2016). Blunt force trauma in
veterinary forensic pathology. Vet. Pathol. 53 (5): 21.
6 Rogers, E. and Stern, A.W. (eds.) (2021). Veterinary Forensics:
Investigation, Evidence Collection, and Expert Testimony. London: CRC
Press.
12
Report Writing
Emily Lewis
12.1 Introduction
Every effort to conduct a lawless animal cruelty investigation can be
undermined if the individuals involved do not document that
investigation through detailed and timely reports.
Generating reports and statements in a case can be intimidating and
time consuming, but they are a necessary component of participating in
investigations. These statements and reports serve a variety of
functions, not the least of which is to preserve your experience for your
own reference later when you are called upon to answer questions
about that experience. It is well worth prioritizing this task and
devoting time and thought to these documents.
12.2 General Principles

You do not have to be a profound author to write good reports. You
simply need to be able to remember your experience and convey that in
a way that makes it easy for an audience to understand. One part of
meeting that objective consists of following some basic writing
principles, and the other part is understanding what to include when
describing your experience. The following section discusses some
general writing principles that will ensure the success of even the most
reticent report writer.
12.2.1 Organization: Headings and Chronological Order

The use of headings as a tool to organize reports is helpful to the author
as well as the reader. Headings automatically give you an outline of
what you want to cover in your report, and they refocus the reader as
they are reviewing your report. Headings are also useful to individuals
like prosecutors who will be referencing your report multiple times
looking for various pieces of information. If you have headings in your
report, it makes it that much easier for the prosecutor to ind the
information they are looking for, or for you to locate it to refresh your
memory on the witness stand.
Animal cruelty investigations may span weeks or months, and some
animal cruelty crime scenes are vast, resulting in an overwhelming
amount of information to include in a report. One of the best ways to
meet this challenge is to write your report in chronological order. If
events or indings in the future relate to something from earlier, you
can draw those connections when you get to the later point in your
report or in your conclusion where you tie everything together. When
you break down the warrant execution, the investigation as a whole, or
the medical exam procedure chronologically, and tackle each piece
individually, it is much less daunting. Another option is to write an
initial report after an event like a search warrant or a forensic intake
exam, and then continue to write smaller supplemental reports as the
investigation and veterinary treatment continue as a way of keeping
yourself organized and thorough.
12.2.2 Topic Sentences

The single writing principle that can elevate your reports the most is
the use of topic sentences. When you begin a paragraph, the irst
sentence should give the reader an idea of what to expect in the
following sentences that make up the paragraph. If you are writing a
witness statement about assisting with the execution of a search
warrant, an example of a topic sentence might be:
I approached the house and the irst room I entered and searched
was the kitchen.
Your paragraph would then go on to describe the kitchen. If there was a
lot to describe about the kitchen, you could break your paragraphs into
aspects of the kitchen: the sanitation, the animals, and the evidence you
documented or collected from the kitchen. The topic sentences would
be as follows:
When I entered the irst room, the kitchen, I was overcome by the
poor sanitation. [Go on to discuss the details of the poor
conditions.]
The kitchen contained several animals housed in various crates
and containers. [Go on to discuss what the animals looked like,
where, and how they were housed.]
While processing the kitchen, I marked evidence to be seized, and
documented the conditions with photos. [Go on to discuss how you
determined what was evidence, what you marked, and how you
documented it with photos.]
Topic sentences force you to organize your writing in a way that will
help the reader follow your train of thought. It can be helpful to make a
topic sentence outline of your report irst, so you can determine
whether it lows in a way that mirrors your experience. This can also
help you identify holes in your narrative and realize what you might be
forgetting.
12.2.3 Passive Voice

Particularly in report writing for criminal cases, be aware of and avoid
using the passive voice. By avoiding the passive voice, you are telling
the reader who did the action in the sentence. If you reread a sentence
and you cannot name the person who did the action, you probably have
used the passive voice. Here is an example in the context of a veterinary
report:
Passive voice: “The tissue samples were sent to the lab for testing.”
Active voice: “CVT Jane Doe sent the tissue samples to the lab for
testing.”
The second sentence tells the reader who sent the samples. This
informs the prosecutor or the defense attorney that Jane Doe is who
they need to call as a witness if they have questions about the process
of sending the samples or to establish the link in the chain of custody
for that evidence. Sentences written in the passive voice creates
unnecessary confusion around who was involved and their role.
We use the passive voice when we talk and write to each other casually,
so it can be hard to identify at irst. Most computer programs offer a
way to automatically highlight the passive voice in your writing. Once
you are aware of how you tend to use the passive voice and what it
looks like, it will become easier to spot or catch yourself before you
write a sentence in that way.
12.2.4 Proofread
When you have already invested a lot of time in generating a report, the
last thing you want to do is spend time rereading it, but proofreading is
a necessary step in the report-writing process. First, you must review
your own work looking for typos, skipped words, missing information,
or confusing paragraphs. Do not rely entirely on computer programs to
catch all spelling and grammar errors. This is a good time to keep an
eye out for words – common in these reports – that a spell check
program will not catch because it does not know if you meant matts or
mats, human or humane, statue or statute. The next step is to recruit
someone to proofread it for you. Having a different person review your
writing can bring to light areas or wording you did not realize needed
clarity or typos your eyes missed in your own read-through.
Also, keep these writing tips front of mind when you are proofreading
for a colleague. Make it a policy in your organization that reports
undergo review for clarity, grammar, punctuation, and spelling before
they are inalized. It is important to distinguish those purposes of
review and refrain from editing the author's voice, opinions,
perspective, or experience. If all your co-workers are also generating
reports about the same case, it is best practice to inish authoring your
report before you proofread another's.
12.2.5 Jargon
Every ield utilizes terminology unique to its discipline and using that
vernacular in a report can confuse an audience that is not experienced
in the ield. It is important, especially in the veterinarian's report, to use
the most appropriate word for what you are describing, even if it is
jargon or a technical term. If that is the case, then a parenthetical needs
to follow, giving a lay explanation of the term or phrase. For example:
The radiographs (X-rays) show a fracture of the left femur (large
bone between hip and knee) and dislocation of the coxofemoral
(hip) joint.
If you are accustomed to abbreviating a term, resist doing that in a
report and spell out the word or phrase at least once, but ideally
throughout the report. For example:
The horse had a body condition score (BCS) of 2 out of 9.
It can be helpful to have someone proofread your report who is not an
expert in your discipline and can identify words or phrases that are
confusing. For example:
I attempted to make contact with the suspect on Wednesday at 1500
hours.
A person who does not work in law enforcement or regularly read
reports from law enforcement of icers will wonder what “make contact
with” means. It is unclear if that means a phone call, an email, or a
knock on the door. The use of military time may also trip up some
audiences. While this becomes second nature to law enforcement, a
jury or veterinarian may get distracted from reading the report because
they are doing the mental calculation of what time “1500 hours” is.
12.2.6 Quoting
Quoting witnesses and suspects in your reports can be extremely
valuable to prosecutors, when done correctly. It is critical that you do
not put a statement in quotes, unless you are certain that you are
quoting the statement exactly as the person said it. If you want to
modify the pronoun or tense of the quote to make it low better with
your sentence, you can identify those changes with brackets in the
quote. For example:
“I saw [John Smith] kick the dog on the left side of her body.”
Try not to use quotations excessively and reserve them for highly
relevant and impactful statements.
12.3 Crime Report
This section is particular to the reports that law enforcement of icers
generate in animal cruelty cases. Of icers receive much training on
report writing, but it is important to solidify good report-writing
principles through repetition and point out what might be unique to
animal cruelty case reports.
12.3.1 Include Sensory Details

By including details about your sensory experience at a crime scene,
you are providing important evidence in the case. It is important for a
prosecutor to know if you could smell, for example, an animal's infected
wound from another room in the house. They need to know if you could
easily feel an animal's ribcage when you ran your hand over its side. Be
aware of your senses when you are on the scene and make note of what
you are experiencing through each of them.
12.3.2 Include Statements from Individual Co‐Suspects

When you have more than one individual who may be a suspect, make
sure you are including the statements that are speci ic to each person,
and not the group of individuals (see Chapter 5, for more information
about interviewing and multiple suspects). If there are many
individuals referenced in your report, it will be helpful to the reader if
you can identify their relationship to one another as you discuss their
statements or role. For example:
Jane Doe, John's wife, proceeded to walk with me out to the barn to
see Anna, the horse reported to be thin.
12.3.3 Explain Where You Are Physically

Law enforcement of icers must set the scene for the reader by
describing where they are when they are doing the investigating (i.e. on
the phone, at the neighbor's apartment, in the veterinary clinic), but it
becomes even more crucial to do so when they are communicating with
the suspect. Even when an individual is not physically restrained, the
circumstances of where and how a law enforcement of icer interacts
with them can create a custodial environment. Because certain laws are
implicated when a person is taken into custody (duty to give the
Miranda warnings, for example), a law enforcement of icer needs to
provide as many details as possible about the location and
circumstances of their interaction with a person suspected of a crime.
These details are what a prosecutor will rely on in the event the
interaction is called into question.
12.3.4 Document Delivery of Warnings or Notices

Many animal neglect cases can be resolved through education and
warnings, but if those warnings are not heeded, they become the
foundation of meeting the required mental state for the crime. Any
resources an of icer recommends or arranges for a suspect must be
documented in the of icer's inal report on that case. Even if the case
has not resulted in a criminal citation, it is relevant the owner of the
animal has been made aware of what is required for the care of that
animal and the resources available to provide that care.
Some states include a notice requirement connected to seizing animals.
For example, in many states a suspect must be personally noti ied that
there are costs that will accrue in connection with their seized animals.
If you told the suspect this on the day of the warrant or if you handed
the suspect any paperwork indicating this, then it is very important to
include that in your report. Similarly, if you informed the suspect of the
remedies available to the animal care agency holding the seized
animals – preconviction forfeiture or lien foreclosure – memorialize
that notice in your report.
12.3.5 Include Behavior of the Animals

Documenting the behaviors of the animals you encounter will be
helpful for the experts utilized in the case and to the ultimate fact inder
in the case. Even if you are not an expert on the particular animal you
have encountered, be sure to take the time to document the behavior
you are witnessing. Just as the behavior of humans gives you insight
into their state of mind or their comfort level around particular
individuals, so does the behavior of animals. The veterinarian assisting
in the case can use your report to inform their assessment of the
animal(s). For example, if a dog chooses to position itself behind an
of icer in full uniform, rather than next to a person the dog is familiar
with, that is very unusual behavior and worth noting. Other examples
are if you notice an animal continuously circling or pacing, or if you ind
a cat curled up tightly in a corner, or behind some furniture. Take note
of how the animal reacts if the suspect gets upset while talking with
you or makes a large gesture. If you are accustomed to documenting the
behavior of the humans you are interacting with, the same applies to
the animals in your cases.
12.3.6 Investigator Notebooks

There is no expectation that you must commit to memory everything
that happened on the scene or during an interview, but there is an
expectation that whatever notes you take end up in your crime report.
Do not create a discrepancy between your report and your notes from
the ield. The notes from the ield form the basis of your report, where
you will supplement those notes with additional details of what you
observed, heard, smelled, or touched.
12.4 Veterinarian Reports

Veterinary reports are crucial to a thorough animal cruelty
investigation. While the foundation of many of these reports is the
standard medical notes generated while practicing veterinary medicine,
the reports must go beyond that if you are a lead veterinarian in an
animal cruelty investigation. Understand that, even though you are
supplementing the standard medical notes with additional indings or
opinions regarding animal cruelty, this does not mean you are speaking
outside the scope of your expertise or experience. A veterinary report
in an animal cruelty case may take a different form than you are
accustomed to, but the information you are presenting is well within
your knowledge base given your experience, and the professional
training and continuing education that are required of veterinarians.
The veterinarian brings the medical indings to light and explains the
relevance of these indings to the health of the animal by inalizing
opinions and conclusions.
Depending on the nature of the case, you may only end up generating a
single report or you may author several reports. A case may warrant an
initial report and indings with a follow-up of supplemental
information, such as progress of the animals, laboratory results, or
other information. If the volume of the report seems overwhelming,
take the time to plan for how you will arrange the information you have
collected, and then stick to that plan. If you just start writing without a
plan, it increases the likelihood that you will leave out information and
spend more time than necessary in your editing/review process. Your
plan may include sections as recommended here with a general outline
to start. Breaking the work down into speci ic areas facilitates accurate
and ef icient writing.
12.4.1 Initial Veterinary Report

The initial veterinary report will likely be the longest. Whether there is
a single victim animal or over 100 victim animals, the nature of the
information you provide is the same.
12.4.2 Crime Scene

If you were present during a search warrant execution or you were
given access to the location where the violation/investigation took
place, begin your report with those observations. If you took notes
while you were on the scene, be sure to include the information from
those notes in your report and the notes themselves in the discovery to
the prosecutor on the case (see Chapter 9, for the type of observations
and notes that are expected of a lead veterinarian on the scene). (See
Appendix B, for examples of veterinary on scene assessments.)
12.4.3 Description of Victim Animal Population

Prosecutors need information speci ic to individual victim animals to
issue charges in a case, but that does not negate the value of discussing
the victim animal population as a whole. In cases involving several
animals removed from poor living conditions, it is worthwhile to
include information that demonstrates the magnitude of the neglect
and to explain how the neglect or injury to the population as a whole
relates to the individual animal. The following are examples of
statements a veterinarian can include in their report to help the reader
understand how widespread the issues were in an animal neglect case:
Anemia (low red blood cells and hemoglobin) consistent with

heavy parasitism and starvation was found in 12 of the adult dogs.
High CK (creatine kinase, muscle enzyme), high eosinophil (white
blood cell that may increase with heavy parasite loads) counts, and
electrolyte changes were also found in many of the dogs, again,
consistent with malnutrition and heavy internal parasite load.
These changes indicate muscle wasting or breakdown as a result of
prolonged lack of adequate nutrition.
37% of results have increased CK, which is an enzyme that is
released by muscle when trauma or cell breakdown occurs.
The body condition scores for this population of dogs:
41% scored less than 2
Only 14% scored in the low range of acceptable body condition.
All the animals had signs of chronic (long-term) exposure to feces
and urine, including fecal material that was dried and stuck to
their paws, tails, and ventral abdomens. The animals all had a very
strong odor of ammonia, due to chronic exposure to feces and
urine in a con ined area. Chronic respiratory infections were
present in all the animals also. Prolonged exposure to animal
waste (and subsequent ammonia) not only predisposes, but also
worsens the symptoms of respiratory tract disease.
12.4.4 Physical Exam Findings

The approach to reporting your physical exam indings will differ,
depending on how many animals are involved in the case. If few
animals examined, then you can report all your indings for each animal
directly in your report document. If you have examined numerous
animals, it would be bene icial to utilize other means of conveying the
information. In every case you need a physical exam form for each
animal you examine. Include these exam forms in your primary report
as an attachment and reference them throughout your report.
Summarizing physical exam indings in an Excel spreadsheet that
includes all the information from the exam forms in one location is an
ef icient and helpful process that illustrates the overall indings in a
population of animals. This also provides methodology that you can
continue to update and produce in connection with your initial and
supplemental reports. A word of caution: every time you enter your
indings into a different format it creates an opportunity for errors and
typos. Make sure whoever is charged with creating a spreadsheet of
data taken from exam forms is double- and triple checking their work
even before you, as the lead veterinarian, review it.
Once you have all the speci ic exam information in one location (i.e.
attachment of individual exam forms or Excel spreadsheet), use your
report to highlight particular cases that exemplify the issues found in
the population or cases where you documented extreme neglect. Using
exam forms and a summary is helpful whenever a case involves a
variety of species or a group of over ive animals. Managing the
information, drawing conclusions, and communicating the indings
using these methods improves clarity and reduces the possibility of
errors or omissions.
(See Chapter 7 for more on the speci ic information veterinarians
should include in their report from the forensic examinations.)
12.4.5 Photos
Whenever possible, insert photographs or diagrams directly into your
report. These images will help the prosecutor speci ically identify the
animal for charging purposes and add clarity to the conditions you are
describing. When you are reporting your indings on a victim animal,
include their identifying information and a full-body picture of that
animal. When describing speci ic conditions, a wound for example,
include a photo of the wound with a caption indicating what the photo
is of and where it is located on the body of the animal. Sometimes
including a full-body picture with a circle or an arrow identifying the
wound can be helpful. In cases involving projectile wounds or fractures
displayed in radiographs, insert an image in the body of the report and
then add arrows or circles to indicate what you are referring to in your
indings (Figure 12.1).
Photos are particularly powerful in a veterinarian's report when they
connect the conditions found on the scene with the injuries or wounds
found on the animal. For example, if an animal was kept in a small area
or cage that was saturated with urine, the veterinary report will
include, if possible, a photo of the cage looring next to a photo of the
animal's urine-scalded feet that resulted from that living condition. All
photos taken in the course of the veterinary exam must accompany the
report as an attachment.
12.4.6 Terminology and Laymen's Terms

For veterinarians it is particularly important to include laymen's terms
in your cruelty case reports. Of course, you can use the terminology
your profession uses to describe indings in a physical exam, but
because veterinarians are not the primary audience of the report, also
include parentheticals that make the information accessible. One way
to think about how to write your report is to do so in the same way you
would explain a condition or a inding to a client at your veterinary
practice. Your medical notes might use phrases and abbreviations that
anyone in the profession would understand, but when you talk with
your client you change your language to convey what you found on
their animal. This does not mean you have to write everything twice.
You can use the scienti ic term for the inding and then include a quick
parenthetical that adapts it to the average reader's level of
understanding. Here are examples of how a veterinarian can do that in
their reports:
Figure 12.1 The circles were added to this radiograph in the
veterinarian's inal report to identify and highlight for the reader both
the recent fractures and the healed fracture referenced in the text of the
report.
“… injuries are acute (rapid onset, very recent)…”

“The rate of healing callus formation (repair of the bone) depends
on several factors…”
“… the cat's upper and lower jaw anterior (front of the mouth) are
darkened…”
“Medical notes record injected sclera (hemorrhage and
in lammation of the whites of the eyes) with healing burst vessels.”
“… the right ear pinna ( lap) is reddened.”
12.4.7 Conclusion
The conclusion is the point you have been working toward from the
beginning of your assessment of the animal(s). This part of the
veterinarian's report is so important. The conclusion is where you
distill all your indings into your expert opinion with respect to rule-
outs, causation, timeline, pain and suffering, and long-term impacts to
the animal(s). Trust your expertise and your experience and articulate
your conclusions with con idence. For example:
The conditions in which Bella lived, which I am aware of based on
the photos I observed, do not meet the legal minimum standard of
care for a pet in this state. Once she became injured her ability to
protect herself from the environment or get to food or water was
eliminated. She suffered from chronic infections and cancer that
should have been examined and treated by a veterinarian. These
conditions existed for many months. Her recent neurologic injury
likely occurred as a result of the combination of arthritis in her
spine, injury by the cable, and the chronic illness she suffered. These
elements combined created suffering and injury from which she
could not recover.
Failure to meet the minimum standard of care for a dog in this way is
a violation of state law. Based on my examination of the evidence,
examination of Bella, and assessment of her condition, she was a
victim of long-term neglect and suffering.
12.4.8 Necropsy Report

A necropsy report generally will follow the same structure as a report
on a physical exam with a few nuances. First, you want to be sure to
include how the animal arrived on your necropsy table. Include
information about who the investigating agency is, who the lead
investigator on the case is, who brought the animal to you to begin the
necropsy procedure, and how the animal was packaged when
presented to you for necropsy. A photograph of how the animal was
packaged and how it looked when it was removed from the packaging
supplements this part of the report well. Including that information will
help underscore the chain of custody for that piece of evidence and
further legitimize your report and necropsy procedure.
When recording necropsy indings, include all the same report-writing
principles discussed in this chapter. Senses, initial indings, pending
tests, summary of indings, and a conclusion are all very important.
Include the names of assistants, such as photographers and scribes,
who are present during the necropsy so the prosecutor will know who
to call on, if required.
In some cases, the necropsy is the focal point of the veterinarian's work
and may be a stand-alone report that includes information that is
essential such as other medical records, radiographs, witness
statements, rule-outs of causes of illness or injury, or it may be part of
an overall report in the context of a large-scale animal cruelty case.
Use discretion in your decision to use photos and images in your
necropsy report. Think about whether including the image will provide
additional clarity and underscore your narrative, or whether you are
just including it for the sake of including pictures. For example, if your
report says you found the stomach and intestines to be empty of food,
your readers can picture what that looks like and understand what that
means without you including a photo of the open abdomen and
stomach. That is not to discourage you from including photos, which
are enormously powerful in any report, particularly necropsy reports,
but to encourage you to be discerning in doing so. Most people who will
read your report will not be able to distinguish areas of concern in the
interior of an animal, so you should reserve the use of a photo for the
instances where it provides additional clarity and impact to what you
are describing in your report. For example, if your report focuses on
fractured ribs, then clearly illustrate your indings by supplementing
the written word with one good photo that explicitly shows the broken
bone. Choose photos that can be labeled and clearly explained,
remembering that individuals reading these reports have little to no
experience in interpreting this information and it is your responsibility
to deliver information in a manner that is understandable to the reader.
Knowing your audience makes your report more useful to the criminal
case.
12.4.9 Supplemental Veterinary Reports

As you continue to provide treatment and rehabilitation to evidence
animals, you will gain more insight about their initial injuries or
illnesses. Memorialize these insights in a supplemental report. If
further medical work up has caused you to reconsider your initial
diagnosis or conclusion, then report that, and explain why. Do not
revise your original report and resubmit it to the prosecutor or law
enforcement agency. It is substantially more helpful if you explain why
you diagnosed something initially one way and then explain what
changed since then that has resulted in your current diagnosis. If
toxicology reports or other data come in later that are relevant, explain
this and advance your conclusions in a supplemental report.
It can also be valuable to submit a supplemental report to con irm or
underscore your initial conclusion. For example, if you are presented
with an emaciated dog and conduct the typical rule-outs of intestinal
parasites or an obstruction, you are likely to conclude in your report
the dog is emaciated due to lack of nutrition (i.e. food). If after three to
four weeks the dog has regained a signi icant amount of weight and the
only intervention you have provided is proper nutrition, you can then
generate a supplemental report saying as much.
If further injuries or illnesses are discovered over the course of your
treatment, then reporting those can also impact the crimes being
charged by the prosecutor. Identify the animal in the same way you did
in your initial report so there is no confusion.
12.5 Witness Statements

12.5.1 Who Generates?
Anyone who assists with processing an animal cruelty crime scene,
plays a role in evidence collection, who interacts with a suspect in an
investigation, or who witnesses a crime occur must generate a witness
statement. Your operational policies need to include the requirement
that staff produce witness statements, whether you work in the
veterinary ield, the animal care ield, or in law enforcement. It may
seem excessive to have ive animal handlers generate witness
statements in responding to the same scene, but any one of those
animal handlers could have noticed something the others did not and
could be called to the witness stand to testify about it. Ask everyone
involved to write a short statement that includes their role, duties, and
processes during the operation. It is not the responsibility of
nonveterinary professionals to include medical or behavioral opinions
in these reports.
12.5.2 Generate Quickly
The irst 24 hours after a search warrant execution in which animals
are seized are illed with important tasks, including generating a
witness statement. The more time goes by the fewer details you will
remember. If you write the report in the irst 24 hours or within a few
days of the experience, you will still acutely remember how it smelled,
for example, and what you encountered during your role on the scene.
Make every effort to preserve the details of your experience because it
is all relevant to the case.
12.5.3 Form
There is no industry standard for the form a witness statement needs to
take. It is more important that you generate a statement than what it
looks like. If it is easier for you to write in bullet points than to generate
a narrative in paragraphs, then do that. Given there is certain
information that every witness statement needs to include, it would be
helpful if agencies frequently involved in animal cruelty cases had a
template for their employees to use that prompts inclusion of that
information (see Appendix C, for an example template for a witness
statement.)
12.5.4 What to Include

Regardless of the format of the report, there are certain pieces of
information that need to be included in every witness statement:
Contact information: You are generating the report because you are
a witness; this means the prosecution needs to know how to
contact you. Be sure to include addresses where you can receive
subpoenas for trial and understand that your report will be
included in discovery to the defense.
Role: Make very clear what your role was in relation to the case or
the scene processing. Listing the role(s) you had will help the
prosecutor know what you will be able to testify about, and it
helps the broader audience understand the scene-processing plan
and why each role was necessary.
Details: Include as many details as you can remember with
certainty. Begin with basic but important details like the location
you are writing about and the date you witnessed the information
you are writing about. It is also helpful to include the names of
other agencies and individuals who were present.
Animal cruelty cases often take over a year to go to trial and your
report is what you will need to rely on to refresh your memory to
give testimony. Think about what your future self would want to
remember from that experience. A detailed report paints the
picture of the scene for individuals reviewing the case who were
not there. Simply saying you “entered a dirty barn that was
crowded with stuff” is not going to be enough information for
someone to understand what you witnessed. Like the crime
reports, use all your senses to help describe your experience.
If you talk about a particular animal on the scene, speci ically
identify it with its evidence label, if possible. If the animal is
referenced with the same unique identi ier across multiple
reports, then all that information can be used in relation to that
speci ic charge. If you are making broad statements about groups
of animals on the scene or a single animal without identifying it,
then that information is used differently in the case.
Temper emotions: How the experience or the scene made you feel
emotionally is not one of the ive senses you should be using to
describe accurately what you witnessed. Providing a high level of
detail does not equate to a highly emotional report. That is not to
say these are not high-stress, highly emotional situations, but the
witness statement is not the appropriate venue for details of that
nature. In addition to tempering your emotions for report-writing
purposes, try not to surmise what emotions the victim animals
might have been feeling at the time. Do not let this prevent you
from including your reactions and experience in your role though.
For example, saying “The sheer number and advanced state of
emaciation of the animals housed in the barn was shocking to me”
is different than saying “As I walked by one emaciated animal after
another, their sorrowful eyes expressed relief that we were there
to help them” or “The sheer number of emaciated animals housed
in the barn made my heart sink, thinking of how long they had
suffered in those conditions.” Stick with detailed statements about
what you experienced (saw, smelled, heard, touched) and your
role.
You can also include quotes in your witness statement. Only
include a quote in your report, if you can quote it exactly as it was
said. If you are con ident those were the exact words the person
used, then include the statement. If you would not be able to
testify under oath that is what the person said, then paraphrase
what you heard rather than putting it in quotes.
Who can corroborate? Include the names of others who would have
witnessed what you did. It is not necessary to have multiple
witnesses to every part of processing a scene, and it would not be a
good use of resources to assign two people to every task. However,
if you are processing a building or an area at the same time as
another person, it is worth mentioning that in your report so the
prosecutor knows who could corroborate the details you are
including.
Relevant experience or expertise: Do not shy away from making the
reader aware of any experience or expertise that adds credibility
to statements you are making. If you have worked in a dog shelter
for over a decade and you notice a dog on the scene displaying
behavior you know to be an indicator of stress, then feel con ident
including that in your report. If you were raised on a farm such
that you are familiar with the noises made by certain livestock, this
could be relevant to mention if you note something unusual on the
scene about the sounds emitted from a victim animal. You need to
pair the statement of what you saw with the reason you have
con idence in making that statement, i.e. your experience or
training. It is not necessary to write an exhaustive list of all your
credentials, but if you have signi icant experience in animal
welfare, husbandry, evidence collection, or veterinary science, then
consider highlighting that in your report or attaching your
curriculum vitae (CV).
Can include pictures: Much like the crime report and the veterinary
reports, including photos in the body of a witness statement can be
helpful to the reader. As a witness, avoid including any photos in
your report that depict scenes you did not personally witness. You
do not have to be the person who took the picture, but you must be
able to say that is exactly what you saw and the way you saw it, on
the day in question. Do not rely on pictures to relay your
experience – your report needs to be your words about what you
noticed and experienced.
12.6 The Case Packet

12.6.1 Importance
It is incumbent upon the agencies and individuals presenting the
culmination of an animal cruelty investigation to a prosecutor to do so
in an organized fashion that represents the effort that went into
building the case, and in a way that is easily navigated by the attorneys
evaluating the case for charges and prosecution. These investigations
involve multiple witnesses, a signi icant volume of veterinary records
and diagnostics, even more paperwork related to the daily caretaking of
the evidence animals, in addition to any number of witness statements
that are generated over the course of the investigation and holding and
evaluation of evidence. Prosecutors are inordinately busy and are not
confronted with animal cruelty cases on a regular basis, making them
unfamiliar with case assessment and the evidentiary hallmarks. It is in
the best interests of everyone involved to provide the case materials to
them in a format that facilitates quick understanding of the applicable
laws, the facts, and the supporting evidence. Animal cruelty cases are
challenging to prosecute to begin with, so adding the additional burden
of sifting through a stack of documents or confusing lash drives could
result in strong evidence being overlooked or simply a decision not to
pursue charges.
12.6.2 Process
Communication and organization are the key to making a useful case
packet a successful endeavor. The assisting animal care agency and/or
veterinary clinic need to communicate with the lead law enforcement
agency on the case to determine the proper channels to deliver the
evidence to the prosecutor's of ice. In most cases, the assisting agencies
could work together to compile the evidence and submit the packet to
the lead law enforcement of icer to provide to the prosecutor along
with the crime reports. If the prosecutor has been working
collaboratively with the assisting agencies and the law enforcement
agency, then it might be acceptable to deliver the case packet directly to
the prosecutor, while providing a duplicate copy to the law enforcement
agent on the case.
Designate a point person for the collection and compilation of the
documentation. The irst duty of this person is to create a feasible
timeline for submission of the materials and notify witnesses and
veterinarians of a deadline for their reports. State law might dictate the
timeline for charges to be iled after a criminal citation has been issued.
Be aware of those timelines and intentionally provide ample time for
the prosecutor to review the materials before the deadline for
arraignment is imminent. The point person then needs to determine a
method of receiving, saving, and organizing the information as it is
submitted. It is the responsibility of the point person to review the
documentation and follow up on missing items that are referenced in
the documentation. For example, if a veterinary record is submitted and
indicates that radiographs were taken on a particular day, the point
person needs to con irm the materials submitted also include those
radiographs. Be thorough so the prosecutor does not have to spend
time tracking down missing information.
There are tasks the point person can be doing in furtherance of the case
packet submission while waiting for the documentation from the other
parties involved. Having a general idea of what the evidence consists of
in the case, this person can start planning how it can most clearly be
organized and presented in the packet and procure the materials
(electronic or hard copy) to support their vision for the packet. There
are numerous documents (discussed in detail in the section that
follows) that a point person can start drafting for inclusion in the
packet during this time as well.
Once all the materials have been submitted, they are organized in a
meaningful, user-friendly way, and sent to the appropriate entities. The
point person will include their contact information for any questions
regarding the material. This will help expedite any inquiries from the
prosecutor and prevent delays in assessment of the case and iling of
charges. Finally, the point person needs to set an ongoing calendar
reminder to continue to provide discovery for the case, when additional
veterinary treatments and exams take place and daily care is provided.
12.6.3 What to Include and Why

The overarching purpose behind investing the time and effort into
producing these extensive case packets is to promote serious review by
the prosecutor and to make that review as easy as possible. Many of the
components discussed in the text that follows are included with that
end in mind.
(See Appendices B and C, for a case packet checklist and related
templates.)
Letter to prosecutor: Depending on the size of your jurisdiction, the

prosecutor's of ice may only receive three or four animal cruelty
cases a year, if that, making them not readily familiar with the
applicable laws. One helpful thing you can do is to include a cover
letter with your case packet that thanks them for their
consideration of the case and proceeds to list the language of the
state or jurisdiction's animal cruelty code. Even if you forget a
statute or are not a lawyer and misidentify one as relevant, you are
still pointing them in the direction of where to look in the code to
orient themselves properly before reviewing the case speci ics.
Case packet inventory: Any resource you can provide a prosecutor
that provides a lot of information in a quick reference format will
be appreciated. By listing the inventory of the case packet in the
very beginning of your submission, the prosecutor knows what to
expect and will already have a bird's eye view of the case just by
knowing what the available evidence includes.
Timeline: The timeline zooms in the view of the case a little bit
closer but still provides a general idea of the trajectory a case took
and can give the prosecutor good context for the rest of the
information they will review. The timeline is likely to continue to
be a resource the prosecutor will refer back to when iling charges
or arguing the case. It does not need to include every detail of the
investigation but should include dates of events that are relevant
to the investigation and the crime being alleged. For example,
every date the animal was seen by a veterinarian should be
included, but the timeline is not the place to list the full extent of
the veterinary indings on each of those visits.
Witness list: The number of people involved in an animal cruelty
investigation or care of the evidence animals can be signi icant. By
providing the prosecutor with an all-encompassing witness list,
including associated roles in the case and contact information, you
are easing their workload and facilitating quicker review of the
case. It provides great assistance to the prosecutor if they can read
the reports while simultaneously cross-referencing who each
named person is with the witness list. Including the contact
information makes it easier when the time comes to issue
subpoenas as well.
Reports and witness statements: Obviously, the reports and witness
statements are crucial evidence to include in the case packet. If you
have an of icer's crime report, this should be included irst;
otherwise the reports can be organized chronologically or
alphabetically by witness. Make sure you provide clear separation
between each report or statement.
Veterinary records: If you have a forensic veterinary report in a
case, that is most important to highlight and all supporting medical
records should follow. If you have different records from different
clinics, make sure to clearly distinguish those from one another.
This is the area of the packet to include diagnostics and
radiographs as well.
Pictures: All pictures taken during an investigation must be
provided to the prosecutor. If you are providing a hard copy case
packet, you can select a few pictures that are representative of the
whole and print those out in color on full pages. You can also print
contact sheets of all the photos in smaller sizes, or you can just
reference a lash drive or a folder that contains the extent of the
photos. Given the workload of a prosecutor and the window of
time to review an incoming case, it can be helpful and impactful to
include at least a few hard copy photos, in an effort to provide a lot
of details in a short amount of time.
Body condition scoring charts: If the veterinary records reference a
particular body condition scoring chart, include copies of that
chart in the case packet. Just this simple step taken off the
prosecutor's plate can improve understanding of the case and
receptivity to consideration of charges.
Restitution request or waiver: Make sure the prosecutor knows how
much it is costing the animal agency or the law enforcement
agency to care for the animals associated with the case. This is
important for restitution purposes and to underscore the urgency
of quick decision making and action in the case overall. Provide a
restitution cover letter that includes the total cost and the date
that cost was determined, but also include the cost for each victim
animal individually. Be very clear in the restitution cover letter if
the costs will continue to accrue. This lets the prosecutor know to
check back with you to get an updated total when the time comes
for restitution or pre-conviction forfeiture (see Chapter 15). This
cost can re lect veterinary exam and treatment costs as well as
daily care and boarding costs.
Chain of custody documentation: All the documentation around
evidence preservation and chain of custody must be sent to the
prosecutor. This includes chain of custody documentation for live
animals.
CVs of experts: Another component to include that will reduce a
prosecutor's workload later is the CV of any experts utilized in the
investigation. Usually this will include the lead veterinarian on the
case, but if a behaviorist was consulted or another specialist was
used, try to include their CVs as well. If you continually work with
the same veterinarians on these cases, encourage them to update
their CVs now and give you a copy to have on hand to include in
these case packets.
Notice regarding continuing discovery: In many animal cruelty
cases the prosecutor will need the bulk of the information before
the animals have fully recovered or while they are still receiving
ongoing care and treatment. This is something that is generally
unique to animal cruelty cases, so it is helpful to put the prosecutor
(and the defense by extension) on notice there will likely be
continuing medical discovery related to the case. Even though you
will set a reminder for yourself to continue to provide the
information at regular intervals, this shares the responsibility with
the prosecutor to request that information if they continue to
pursue the case.
Reference to included but not printed components: If you are
providing a hard copy case packet with a supplemental lash drive
of materials, make sure to include a notice somewhere in the hard
copy packet that there are additional materials contained on the
lash drive and what those consist of.
12.6.4 Miscellaneous Suggestions

There are few steps you can take to underscore the importance and
usefulness of this process and end product. First, make duplicate
copies. Always retain a copy for yourself if you are the point person, so
you know for certain the extent of the material you produced and you
can have it as a reference if the prosecutor is having trouble locating a
particular document or record. Even if you provide a copy to the
prosecutor's of ice and the law enforcement agency, still make a third
copy for yourself.
Second, send an email to the prosecutor, and/or the law enforcement
agency, and yourself to document that you have sent the case packet to
them, when you did so, and a synopsis of what it includes. This provides
a clear reference if this step is questioned at a later date.
Create a method by which you can distinguish what material you have
already submitted and what material you have not. As lab results and
animal care documentation continue to accrue, you want to make sure
you are not duplicating submissions to the prosecutor and creating
unnecessary confusion.
Finally, encourage feedback from prosecutors on the format of your
case presentation and pay heed at the trials you attend in an effort to
understand ways you might improve your submission. Be open to new
ways of presenting the information or suggestions of what might be
helpful to include. Strive to continue to improve your submission so
your cases are not only taken seriously at the prosecutorial level but
appreciated.
12.7 Conclusion
The effort of everyone involved in a case is valuable, relevant, and
necessary, but if there is no documentation to memorialize it, then it is
almost as if it never occurred. Report writing and ile organization may
not be the most rewarding or captivating part of an animal cruelty
investigation, but can be the difference between an acquittal and
holding a person accountable for their cruelty to an animal.
13
Protective Custody (Live Animals)
Linda Fielder
When a case requires the seizure of evidence, it must be held in

absolute safekeeping. This is so nothing or no one can alter the
evidence from the condition it was found at the time of the seizure.
When the evidence is money, a pistol, a bicycle, or a knife it is locked up
in a police agency's property and evidence facility, which is a highly
secure room or building where evidence is logged, tagged, and stored. It
is handled only by evidence technicians, so the chain of custody is
unequivocally preserved.
When seized evidence comes in the form of a living, breathing animal,
be it a tropical ish, a litter of puppies, or a herd of cattle, that evidence
must be held in a way that preserves the chain of custody. It must also
be fed, exercised, treated for injuries and illnesses, and provided all the
aspects of minimum care the species requires.
Living evidence is guaranteed to change over time. Wounds will heal,
puppies will grow into adulthood, and emaciated cattle will regain their
proper body condition, all while being held in Protective Custody, often
for months. This chapter will outline the careful documentation,
identi ication, and record keeping used to memorialize the condition in
which animals are received, as well as the methods used for tracking
each animal's movement and handling; in other words, how we apply
the role of the evidence technician to the movement of animals in
custody, as they are walked, treated, fed, and exercised.
13.1 The Challenge of Live Animal Evidence

The thought of holding animals as evidence can make seasoned law
enforcement of icers and prosecutors scratch their heads. In order to
apply even the most basic rules of evidence safekeeping and Protective
Custody, a seized animal would be stored in a tamperproof container in
a secure room or building awaiting release or trial. While it is
impossible to seal a live animal in a container to prevent a breach in the
chain of custody, there are processes animal care facilities can
implement to ensure no detail regarding an animal's daily care, feeding,
exercise, or medical treatment creates an issue that cannot be
overcome in the courtroom.
One of the most challenging aspects of holding seized animals pending
trial is the fact the animal's evidentiary value is most relevant on the
day it is taken into Protective Custody. This is why such care and time is
invested in the irst 24 hours after a seizure to discover and document
the condition of every animal. Because animals are tested, treated,
recovered, and rehabilitated during their time in care, the condition on
the day the animal was seized is the condition that will provide the bulk
of the evidence on which judgment will be decided, not the way the
animal looks or how much it weighs six months later when the case is
tried [1].
Figure 13.1 Protective Custody begins when the animal is removed
from the scene.
So why can’t these animals be rehomed or otherwise dispositioned

once their evidentiary value has run its course? A starving horse will
regain weight and health with proper nutrition and care, and a cat's
broken leg will mend with veterinary intervention, so at the point an
animal has recovered suf iciently to ind a new home, why not let that
chapter begin (Figure 13.1)?
The answer lies in the animal's status as property. Each animal, unless
and until it is surrendered by the owner, released through forfeiture, or
transferred by foreclosure of a lien for its care, remains the property of
the individual or entity from which it was seized. While forfeiture and
foreclosure proceedings shorten the length of time an animal must be
held as evidence, too often animals are kept for months or even years
beyond the time they are useful to the courts as evidence.
The burden this extended time in care places on the agencies and
organizations housing the animals can be immense, and all too often
prevents them from helping the animals in the irst place; or it becomes
a barrier to helping others that would further strain resources and
require physical space.
Prosecutors and agencies must pursue all remedies available to shorten
the time animals spend in Protective Custody. The veterinarian and
animal care agency must perform their duties of intake, treatment, and
record keeping meticulously from the moment the animal enters their
care and custody until the time it is released from care.
13.2 The First 24 Hours

While the animals will receive identifying names, numbers, and photos
at intake, the bulk of a case's criminal evidence is collected during the
initial veterinary examination. It is important that this examination
takes place within 24 hours of intake so that the indings of this exam
can be directly attributed to the suspect's care and treatment of the
animal while it was in their custody.
Figure 13.2 Critical evidence is discovered during the initial veterinary
examination.
The veterinarian's indings will determine the course of treatment for

each animal. Under the veterinarian's direction, the process of
rehabilitating and healing begins. When providing housing and care for
seized animals, the veterinarian's treatment plan will in luence the type
of shelter, feeding, grooming, and exercise an animal requires. Ill,
injured, or debilitated animals will need to be hospitalized until their
conditions become stable (Figure 13.2).
13.3 Know Your Agency's Capacity

Animal care agencies must be able to provide adequate care to animals
in Protective Custody and must not take on more than they can care for,
or species they are unable to house properly. For example, while a
seizure of 50 reptiles and amphibians may not take up considerable
space in a shelter, they require specialized diets, lighting, heat support,
and enclosures that a facility designed for dogs and cats is unable to
provide without planning and resources. When faced with the intake of
animals outside the norm for your agency, look for creative ways to
meet the animals' needs without compromising the quality of their
care. In the above example, an agency might be able to acquire all the
needed lighting, enclosures, and heat elements for a reptile seizure by
asking the community to donate supplies, soliciting help from pet
shops, or reptile specialty groups, or even partnering with a zoo or
university with reptile holding capacity.
While it is impossible to prepare for every scenario or have adequate
housing at the ready for every species law enforcement will encounter,
animal care agencies can prepare by familiarizing themselves with the
experts in their area: the avian and exotics veterinarians, the equine
rescue groups, those whose specialize in cattle, rabbits, goats, etc. Once
you have found the experts, ask for references and check for any
possible con licts of interest between them and the suspect in the case.
No one wants to ind out during the trial that the avian veterinarian
who examined and treated all the birds in your case is in a divorce
dispute with the defendant.
13.4 Facility Set‐Up and Security

The facility and enclosures your agency provide for seized animals
must be appropriate for the species, age, and number of animals, and
must also be secure. Security in this context refers to both the integrity
of the pens or enclosures, such that animals are not able to escape or
injure themselves in the attempt, and the ability to prevent access by
unauthorized individuals (Figure 13.3).
All animals need shelter and containment that allows them to move
about, rest comfortably, and easily access food and water. Animals
removed from neglectful environments may need more than the
minimum shelter and housing. They may need extra bedding if they
have suffered from pressure sores or ulcerated paw pads or hooves.
Newborn, old, or debilitated animals may require extra heat support, or
amenities that assist mobility, such as stall pads or lowered perches.
The veterinarian's initial indings, along with daily observations by care
staff, will provide important information, which will be used to ensure
housing is not only suf icient but supportive of rehabilitation and
comfort.
Figure 13.3 In this photo, a secure warehouse is being prepared for the
intake of 150 exotic birds.
Facility security is achieved when animals are held in an area away

from public view and which restricts access by unauthorized personnel
and the public. Security requirements can be met in several ways, from
housing animals in a location separate from the main shelter, to
utilizing foster homes or rescue organizations, or creating an area of
your shelter that can be locked and designated for holding of Protective
Custody animals exclusively. If a room or wing of the shelter is
designated for Protective Custody housing but is also where the
janitorial supply closet is located, the area will be accessed by
unauthorized staff unless arrangements are made to relocate supplies
while Protective Custody animals are held in that area. When
considering security for livestock and equines that live primarily
outdoors, steps must be taken to lock and fortify gates and access
points to prevent entry or removal of animals by unauthorized
individuals.
While the collection of evidence and adherence to chain of custody is
important, it must never stand in the way of administering lifesaving
care and treatment to an animal. In other words, the agency caring for
an animal must never withhold emergency or necessary care in order
to preserve the evidence chain of custody.
13.5 Training Staff and Confidentiality

Caring for neglected or abused animals is both stressful and rewarding.
Those who provide this care, whether staff or volunteers, often feel
compelled to show and tell others about the good work they are doing.
Talking about cases can help offset the emotional toll that animal
welfare work in licts. In normal circumstances, animal shelters
encourage their staff and supporters to spread the word about the
organization's activities, but the opposite is true in the case of animal
cruelty investigations and victim animals.
Information about cruelty cases must be kept con idential. The animals
and all information about them are evidence and therefore must be
protected. Staff, volunteers, and anyone who has occasion to know
about a cruelty case within your organization or shelter must be
trained regarding con identiality. A casual conversation in a restaurant
booth about a stressed Protective Custody dog may be overheard by a
family member of the suspect and skewed by the defense. Even more
concerning are opinions, photographs, and videos posted to social
media platforms. While it is tempting to weigh in on cases of public
interest when the social media conversation heats up, shelter staff,
volunteers, foster parents, and veterinarians must resist this urge. Take
the time annually, and before any high-pro ile or large-scale seizure, to
train staff about the importance of con identiality in all aspects of
investigations. Agencies must develop con identiality agreements and
be meticulous about using them with all parties who interact with and
care for Protective Custody animals (there is an example con identiality
agreement in Appendix C; Figure 13.4).
Staff and volunteer training does not end with matters of
con identiality. In the daily care of seized animals, consistency and
uniformity of processes is even more crucial than in general shelter
operations. Shelter representatives must be able to testify to the
frequency and manner with which enclosures were cleaned and
disinfected, the type and quantity of food provided, and any number of
other details about the animals' Protective Custody experience.
Consistency translates to con idence and assuredness on the stand,
which underscores and bolsters the chain of custody.
The best way to be sure care is delivered according to the speci ic needs
of the population is to create written procedures and train staff and
volunteers to carry them out. It is then the responsibility of supervisory
staff to check for compliance, address any concerns, and make changes
to the procedures as appropriate.
Figure 13.4 Shelter staff and volunteers must be trained on important
aspects of chain of custody and con identiality.
13.6 Paperwork and Record Keeping

Records associated with seized animals are the backbone of the chain
of custody. The veterinary medical record memorializes every animal's
treatment and rehabilitation plan. Chain of custody logs create a record
of the movement of each evidence animal for the purpose of exercise,
treatment, care, and cleaning. Forms, logs, and records must be
developed, utilized, maintained, and preserved. They should be
comprehensive yet user-friendly, so every staff person, volunteer, or
agent who interacts with the animal can easily record their activity.
Most of the forms referenced in this chapter are available in Appendices
B and C, for customization and use by your agency.
13.6.1 Veterinary Exam Forms
Forensic examinations differ from routine physical exams in enough
ways that veterinarians should consider using an exam form or
electronic template speci ic to criminal investigation cases. Required
ields should include the patient number, animal's evidence identi ier,
names of all staff who assisted with the exam, date, and time
performed, and the basic elements of a forensic exam such as body
condition and hair coat score/assessment. Checkboxes for required
exam elements such as weight, vaccines, and diagnostics ordered aid
the veterinarian and staff in remembering to perform and record each
element of the exam. The exam form and process are further explained
in Chapter 7.
13.6.2 Protective Custody Sign In/Out Form

A record must exist in which every interaction with the animal by staff
or volunteers is memorialized. Think of this as the evidence log for the
animal. Forms are typically hung on a clipboard and attached to the
animal's enclosure or kept in a binder in the barn or room where the
animals are housed. The minimum information contained in the log
includes the individual/handler's name, the animal's name unique
identi ier, date and time of removal and return, and the purpose of the
interaction (i.e. provide food, transport to hospital, provide exercise).
Completed logs become a part of the criminal case ile, therefore it is
important that they are not inadvertently destroyed or misplaced.
13.6.3 Other Logs and Records

Agencies utilizing third parties such as foster homes or rescue
organizations for the care and shelter of seized animals must provide
those parties with methods to track activities and expenses associated
with the case. Feed purchase and distribution logs, daily observation
logs, property access logs, and feeding charts can all be useful in
multiple ways, from illustrating and supporting chain of custody, to
tracking expenses associated with the animal's care.
13.7 Providing Security Without Isolation

We have stressed the importance of housing evidence animals in secure
areas and maintaining thorough records of their movement and
progress. It is common for Protective Custody animals to remain in care
for months, and in some cases, years. Even though the animals are
housed in restricted areas, their care and enrichment must not be
restricted. On the contrary, agencies are responsible for ensuring that
evidence animals receive an abundance of enrichment and human
interaction, so their temperaments are not negatively impacted during
their mandated impound. All species of animals suffer when held in
isolation without opportunities to express their natural behaviors,
encounter and explore items and areas that interest them, and if the
species is domesticated, to receive and respond to human attention and
interaction. Animals con ined without enrichment become depressed,
may stop eating, and often adopt destructive behaviors such as self-
mutilation, repetitive behaviors such as cribbing or circling, and
become fearful or aggressive toward humans and other animals. Many
seized evidence animals enter an agency's care with some or all the
negative hallmarks of extended periods of con inement, particularly
animals used in commercial operations or subject to conditions found
in animal hoarding cases. It must be the goal of the agency overseeing
their Protective Custody to provide appropriate housing and as much
behavioral modi ication training and supportive enrichment as
possible, to help overcome these behaviors and prevent more damage
from occurring.
Soft, comfortable, and clean bedding, a variety of toys, natural light, and
regular time for exercise outside their enclosure are minimum daily
requirements for most species of animals. Some livestock species
respond positively when they can see or hear other animals in stalls or
pens close by, while in other species this type of arrangement elicits
stress and anxiety. Much research exists that outlines the ideal cage set-
up for cats in a shelter with speci ic instructions for litter box and food
bowl placement in relation to hiding boxes and bedding. Rodents and
reptiles prefer enclosures out itted with appropriate bedding or
substrate for tunneling and which offer areas for hiding and sleeping
such as tubes or nest boxes. If you are unfamiliar with the needs of the
species in your care, do not hesitate to reach out to zoos, universities, or
other reputable groups to help you create an environment and schedule
that support the animals' well-being.
Environmental enrichment is an important stress reducer in all species
of animals. Enrichment methods do not have to be expensive or even
excessively time consuming. A paper cup illed with wet food and then
frozen can provide hours of activity for a dog. Cats respond to small
toys hung from their cage door, and birds enjoy foods and toys they can
break open and forage through. Both staff and volunteers can be
trained and utilized to provide these services. Because many times the
animals are held for long periods of time in Protective Custody, they
respond best to consistent schedules and familiar people providing for
them. This allows the animals to feel somewhat at home in the shelter
and reduces stress that follows inconsistent or sudden changes to their
routine or constant introduction of new people into their environment
[2].
13.8 Foster Care and Offsite Boarding

In some cases, the number and/or type of animal seized will prohibit
them from being housed inside your shelter or clinic. In these cases, it
is necessary to look outside the agency for appropriate placement in
foster homes or offsite facilities. All the aspects we have discussed in
this chapter: con identiality, record keeping, and enrichment, also apply
to animals housed outside of your facility, therefore foster or contracted
caregivers must be trained and agree to follow your protocols for
Protective Custody care.
Foster placements are often the most ideal way to house evidence
animals because they mirror a home environment and provide the most
enrichment and least stress for the animal. Placements must be
thoughtful, however, so that both the caregiver and the animals are set
up to succeed.
It is the agency's responsibility to ensure that foster homes or offsite
facilities are safe and secure options for housing evidence animals. A
representative from your shelter or agency may need to inspect barns,
homes, or pastures to make sure fencing and gates are in good working
order, areas are free from environmental and structural hazards, and
that all environmental needs of the species will be met. Your agency
must then select animals that are good candidates for foster placement.
They should not be escape prone, aggressive, overly fearful, or
medically fragile. Animals with more complex needs should be placed
with experienced caregivers.
Foster caregivers and offsite boarding facilities must be provided with
all the resources and information they will need to care for the
evidence animal successfully. This will include detailed feeding and
medication instructions, emergency contacts and protocols, training,
and behavior tips and strategies, and processes for contacting shelter
or agency representatives with any questions or concerns.
Foster caregivers must understand that the holding agency is ultimately
responsible for all decisions related to the animals and they are
required to strictly follow veterinarian's instructions for care,
treatment, and feeding. When animals from a large-scale starvation
case are sent into individual foster homes, caregivers often feel
compelled to research and provide supplements, special diets, and
treats with the intent to help their foster animal gain weight and
condition more rapidly. While the intent is admirable, it complicates the
investigation when animals are not rehabilitated in the precise way the
attending veterinarian has prescribed.
Foster caregivers and offsite boarding facilities must be trained to
utilize chain of custody forms as well as other procedures your agency
requires for supply acquisition or reimbursement, progress notes,
medication logs, etc. All caregivers who will interact with or be
responsible for daily care should receive training on processes as well
as agree to con identiality and communication requirements. Foster
families should refrain from posting photos or information about their
Protective Custody animal on social media platforms, for example. Your
agency must not be prone to an “out of sight, out of mind” attitude
regarding foster animals; on the contrary, staff should conduct routine
periodic check-ins with caregivers to monitor progress and address any
questions or concerns as they arise. In some cases, and often to the
dismay of shelter staff and foster caregivers, the court may rule that an
animal be returned to a suspect. Include this possibility in your foster
caregiver trainings so volunteers understand this possibility.
13.9 Routine and Emergency Veterinary Care

Protective Custody animals require preventative veterinary care such as
vaccinations and deworming while they are in your shelter. By
vaccinating animals immediately on intake, your agency is offering a
degree of protection against diseases such as parvovirus, equine
strangles, internal and external parasites, etc., which can be a risk in
shelters and group housing arrangements. These procedures are
considered baseline veterinary wellness care, are noninvasive,
potentially lifesaving, and easily justi ied at trial as necessary to the
maintenance and health of animals held as evidence.
Other medical care to address illness and injury will be administered as
needed throughout the animals' stay. Staff and volunteers providing
daily care must be observant to changes in health or behavior and bring
concerns to a veterinarian's attention immediately. While evidence
animals may not be sterilized or receive elective medical procedures,
they must receive veterinary care and treatment for any illness or
injury that causes discomfort, pain, or distress. For example, while one
may argue that grooming a dog is not an essential procedure, if the dog
is matted and uncomfortable as a result, or if the coat condition was
deemed unacceptable during the veterinarian's examination, it is
within the agency's scope of duty to provide grooming and bathing to
relieve the dog's discomfort. As a baseline, remember that animals
must not suffer neglect while in your care, and so your agency must be
vigilant to any medical changes or decline in condition throughout an
animal's Protective Custody stay and provide swift and adequate
treatment as needed.
Emergency care procedures and contact information must be
distributed to staff, volunteers, and foster caregivers, with emergency
contact information posted prominently and available for use.
13.10 Death in Care and Euthanasia
Considerations
Sometimes, expectedly or unexpectedly, a Protective Custody animal
will die while in your agency's care. By proactively creating policies and
procedures to address an animal's death in custody, some of the stress
associated with such an event will be alleviated.
Any time an evidence animal dies in care, the process of careful
documentation and investigation into the cause of death is immediately
set into motion. As with any aspect of a criminal investigation,
documentation is key. The individual who discovers the deceased
animal is responsible for recording the time of discovery and
generating a report detailing the incident. When possible, the animal
and its immediate environment should be photographed. A
veterinarian must be contacted without delay, and efforts undertaken
to determine the cause of death. Diagnostics and necropsy are routinely
utilized in such cases. Likewise, the prosecutor assigned to the case
must be immediately noti ied, as they are the ultimate party
responsible for the safekeeping and disposition of the evidence in their
case. If the cause of death is not immediately known, the law
enforcement agent or investigator assigned to the case will also want to
know about the incident and determine whether additional
investigation is warranted.
It is important to have a plan in place for the rare but critical incidents
in which a Protective Custody animal requires emergency euthanasia.
Tragedies or emergencies can happen any time of the day or night and,
while they are never easy to navigate, by having procedures in place
and emergency contact information readily available, your agency can
facilitate a rapid and humane response to end an animal's suffering.
Euthanasia may be appropriate in cases of critical untreatable illness or
injury from which the animal is not likely to recover and that is causing
pain and suffering that cannot be relieved by treatment and medication.
These cases may come on quickly, such as a livestock animal attacked
by a predator, or may progress over time, such as a cat with leukemia
that has affected the animal over a period of months or years.
Euthanasia of animals not owned by your agency requires a strict
adherence to policy and procedure as well as the direct involvement of
a licensed veterinarian, preferably knowledgeable about the case and
the animal victims. The veterinarian will guide treatment or euthanasia
decisions, with the consideration that the animals are in Protective
Custody status. It is always advisable to alert the case prosecutor as
soon as possible in the euthanasia decision process. While the
veterinarian is the ultimate expert on the matter from a medical
perspective, the prosecutor is responsible to the court to account for
the evidence. Some circumstances will allow for thorough
communication with the prosecutor prior to an animal being
euthanized, but in emergency situations, humane principles of
veterinary medicine and the animal cruelty code in the state will
mandate euthanasia more expediently than you may be able to notify
the prosecutor. Documentation is also paramount in all euthanasia
decisions. Photos and video are helpful to record the condition of the
animal, as are detailed medical records and reports from the treating
veterinarian, which will be submitted to the prosecutor in a timely
manner and become part of the case ile. The veterinarian or
prosecutor may decide that a necropsy of the animal post euthanasia
will contribute important information to the case. In these instances,
the agency or the veterinary staff will be responsible for properly
packaging and transporting the body for necropsy.
The agency will hold the bodies of deceased animals as evidence until
released by the proper authority. If there is no means to do this, then
the prosecutor should coordinate with the defense prior to disposal of
the remains.
13.11 Offspring Born in Care

Ideally, if evidence animals were seized pursuant to a search warrant,
unborn animals were included in the af idavit as evidence to be
searched for and seized. By including unborn offspring in the search
warrant, any animals born in Protective Custody immediately become
evidence in Protective Custody themselves and are also subject to
forfeiture or foreclosure proceedings. Agency staff will be responsible
for recording the birth and assigning an evidence identi ier to the
animal, and immediately beginning chain of custody records for the
newborn animals. It is considered best practice to arrange for a
veterinarian to examine newborns as soon as it is practical and safe to
do so. Newborn animals may suffer from abnormalities or conditions
attributed to the neglect or abuse of the mother. The veterinarian must
generate a supplemental report regarding their indings and
observations.
Newborns receive the same monitoring and care such as preventative
vaccination and deworming on the same schedule as any owned or
sheltered animal would receive. As with any evidence animal,
newborns may not be subjected to nonessential procedures, such as tail
docking or dewclaw removal, as these are not necessary to the health
or comfort of the animals.
Prosecutors and law enforcement agencies should also be noti ied
immediately when animals are born in care. Be prepared to report their
identi ication numbers so they can be entered into the databases of
these entities as additional animals attached to the case.
If the shelter or facility where the mother and newborns are housed
exposes them to substantial risk of infectious disease or undue stress,
the agency should prioritize placing the animals into the least populous
or stressful area of the shelter to preserve their health and well-being.
Foster placement can be ideal for newborns as they are less likely to be
exposed to infectious disease and can enjoy a quieter and less stressful
environment.
13.12 Conclusion
Finding the space and resources to hold animals in Protective Custody
can be a hurdle for some agencies and jurisdictions. Grants are
available to assist with the cost of holding animals in cruelty cases. A
list of organizations offering cost of care grants can be found in
Appendix D. It is disheartening to hear of agencies that are reluctant to
take on large scale cruelty investigations because of the cost of lengthy
Protective Custody periods. By pursuing all remedies for forfeiture or
foreclosure that are available in your state, utilizing volunteers and
foster homes for care, and seeking grants to offset the inancial impact,
agencies are better equipped to respond when the need arises.
References
1 Bernstein, M. and Wolf, B. (2005). Time to feed the evidence: what to
do with seized animals.
https://elr.info/sites/default/ iles/articles/35.10679.pdf (accessed
17 August 2021).
2 The Association of Shelter Veterinarians (2010). Guidelines for
standards of care in animal shelters.
https://www.sheltervet.org/assets/docs/shelter-standards-
oct2011-wforward.pdf. (accessed 30 May 2021).
14
Media and Fundraising
Emily Lewis
Animal cruelty cases often gain traction with local and even national
news, and every organization or agency involved in a case must prepare
ahead of time for how to respond to media inquiries and coverage. Also,
due to the frequency with which animal cruelty cases utilize a nonpro it
animal rescue entity for animal handling, processing, or holding, the
issue of fundraising becomes relevant.
In keeping the public informed about an animal cruelty case or
investigation, agencies and individuals must do so in a way that does
not jeopardize the integrity of the investigation and balances the
accused's right to a fair trial. In their mission to report the news to the
public, representatives from the media are likely to contact any person
with a connection to the case. It is important to have clarity around how
to navigate these interactions, whether you were the examining
veterinarian or are the lead of icer working the case.
One of the advantages of widespread media coverage of a case can be
the support it generates for the animal care agencies providing for the
victim animals. Even if the media is not driving a fundraising effort,
these cases are inordinately expensive, and the nonpro it animal care
agency will need to acquire funding to support their work. However,
there are several ways a fundraising or marketing campaign can
undermine a criminal animal cruelty case. This chapter will discuss the
potential pitfalls of fundraising in these cases and make suggestions on
how to respond or avoid those pitfalls.
14.1 Media Coverage

With the 24-hour news feed exploding across multiple platforms and
literally at the ingertips of the public, it is important to understand and
plan for the media's role and impact in your animal cruelty
investigations.
14.1.1 Types of Media Coverage

News stories take may forms and utilize multiple platforms. Be aware
of each of these venues as you might need to generate a policy that
addresses the nuances of each.
14.1.1.1 Print News

Reading the morning paper is less common than it once was, but local
newspapers continue to have an interest in stories involving animals,
particularly if cruelty is involved. These can range from large media
outlets, like a nationally distributed newspaper, to small newsletters
distributed to a limited number of local residents. Regardless of the size
of the publication, it is almost certain to be published online as well as
in print. Print news engages in investigative and in-depth reporting
more frequently than other types of media.
14.1.1.2 Television News

Local news networks commonly pick up and report on stories about
animal cruelty cases. Often this type of reporting takes place close in
time to a milestone in the investigation or case, such as a search
warrant execution or an arrest. These networks value timely, impactful
stories that will catch the interest of their audience in the small
timeframe they have to do so.
14.1.1.3 Radio
Though the news stories reported over local radio stations tend to
shadow the stories that were picked up by the television networks, it is
likely there is less reporting via the radio than all other media
platforms. That being said, some public broadcasting stations may
engage in similar investigative and in-depth reporting to their print
media counterparts.
14.1.1.4 Social Media/Internet

Though newest on the scene of media and reporting, social media is far
and away the biggest venue for reporting the news to the masses. Social
media is essentially an online community where people congregate. It is
the most interactive platform, meaning the consumer often engages in
commenting on stories and posts. All print, television, and radio
entities will also use social media to disseminate their information.
Some media outlets exclusively rely on the Internet to broadcast their
stories, either via podcasts or by using common social media platforms.
Not only does social media act as an outlet for any journalistic
endeavor, it also functions as an extremely ef icient method of
propagating existing news stories.
14.1.2 Objectives in Media Coverage

Interacting with the media can be anxiety inducing and/or time
consuming, but the objectives of the media and the individuals involved
in animal cruelty investigations do not run counter to one another in
every circumstance. In many ways the media gets the word out to the
public regarding animal cruelty laws, prevention, and efforts made
against animal maltreatment. It is worthwhile to foster a good
relationship with the primary media outlets in your jurisdiction. Take
time to meet the reporters and discuss how you can work together to
inform the public without jeopardizing the important work.
14.1.2.1 For Law Enforcement or Investigating Agencies

Most law enforcement entities have experience interacting with the
media. In fact, many agencies designate someone as the primary point
of contact for all media inquiries, referred to as the “Public Information
Of icer” (PIO). The purpose of the PIO is not simply to act as a buffer
between the agency and the media, but to pursue certain objectives
through that interaction. One objective may be to seek the public's
assistance with an investigation. For example, the media can help get
the word out that an agency needs assistance locating a particular
vehicle or a person who is suspected of a crime like animal
abandonment. Law enforcement also engages with the media to inform
the public that they investigate cases of animal cruelty for public safety
purposes. Given the substantiated link between animal crime and
human violence, there is an objective to inform the public and promote
the understanding of the seriousness of animal crimes. In some cases, it
might become an objective of law enforcement to make a statement to
the media that curtails rumors or misinformation about a case that
would or has led to a safety issue for someone involved, be it a witness
or a suspect.
14.1.2.2 For Animal Care Agencies

Animal care agencies assisting with animal cruelty investigations also
have varied objectives when interacting with the media. Primarily, the
organization wants to inform the public about the valuable role they are
playing in the community. Also, many of the animal agencies assisting in
these cases rely on donations to sustain their work and they need the
public to be aware of the increased demand on resources when they
take in animals from an animal cruelty case. It also creates an
opportunity to manage the in lux of public correspondence with
respect to inquiries about volunteering and adoption opportunities
connected with the victim animals.
14.1.2.3 For Veterinarians

Veterinarians may be less likely to respond to media requests related to
cases they have participated in, but when they do engage, it can be in
furtherance of their own objectives as well. Through the media,
veterinarians have a platform to galvanize the profession to report
animal cruelty (as is their duty in many states) and participate as an
expert in these investigations. They can also combat any ill will
circulating about their decision to report or participate in a particular
case. Notably, the veterinarian is the person who can speak on behalf of
the victim, as appropriate, to relay the seriousness of the incident and
the importance of the investigation.
14.1.2.4 For Media

The media's primary objective is to inform the public. Reporters seek
transparency in government and matters of public safety; both of which
are relevant to animal cruelty cases. Of course, the various media
outlets vie for consumers of their information, and therefore also have
the objective of presenting interesting stories and doing so irst. Animal
cruelty investigations or arrests almost always resonate with the public.
The media's goal when it comes to reporting on those cases is to
provide the public with as much information as they can garner on the
topic, with a preference for details about the crime committed, the
evidence uncovered, the person accused, and location of the incident.
14.1.3 Defendant's Rights

When it comes to coverage of a case in the media, a defendant is
afforded rights under the law. Constitutionally, the defendant has a
right to a fair trial by an impartial jury [1]. Media coverage can create
enough backlash and/or rumors that it taints the defendant's jury pool
[2]. The defendant also has a constitutional right to privacy [3],
preventing the media from accessing their property during a search
warrant execution and from publishing information that is not a matter
of public record. Laws regarding who is subject to public records laws
and what constitutes a public record will differ by state and are
important to review when engaging in criminal investigation work. If
the accused is a juvenile, they are extended even more protections
under the law with respect to disclosure of identity and details of
location. Finally, it is important to remember that the defendant also
has a right to communicate with the media.
14.1.4 Risks in Media Coverage

Even though there are bene its to media coverage of an investigation or
prosecution, there are signi icant risks posed by that coverage as well.
It is generally understood now that any news story will live forever
online. This means that any quote made by an expert witness
veterinarian, supervisor of seized animal care operations, or
investigator on a case can be found and used at trial in attempts to, for
example, discredit a witness or demonstrate bias. It also means that any
photographs taken by or given to the media can be called into question
during the criminal trial and any related civil suits. If television media is
invited to record footage, anything they have captured and aired can be
presented at trial if it is relevant in some way; for example, if there is
video of how the evidence animals are being processed.
Depending what information is included in a media story, it can
interfere with the jury pool. The media commonly reports on a
defendant's criminal record or admissions they have made with respect
to the current case [4]. These are examples of information that may not
be permissible evidence introduced in the trial setting, but jurors will
have already heard it. Increased media coverage of a case can cause
future jury members to form a conclusion about guilt prior to the trial
even commencing. There are tools available to attempt to remedy those
issues – targeted voir dire questions, judicial orders, delay of trial,
change of venue – but these are seldom employed and not likely to
resolve the issue when they are [5]. Regardless of whether a court inds
that a jury has been prejudiced against the defendant by public media
on a case, the goal is for a guilty verdict to result from evidence that
proves the elements of the crime, not that the media will control the
scales of justice.
The way news is currently disseminated exacerbates the risks that are
inherent to media coverage of an animal cruelty investigation. With the
ability of social media to act as a springboard for any story, the
reporting of your case could travel outside of your jurisdiction and be
picked up by national media conglomerates in a matter of minutes. This
can create a lood of public response, be it positive or negative, that can
quickly spiral out of control resulting in diverted resources and
increased likelihood of misinformation.
14.1.5 Existing Guidelines

14.1.5.1 For Media
The First Amendment right to “freedom of the press” [6] does not
afford the media unchecked authority to seek and disclose any details
of a case in any manner they choose. There are several national and
international professional journalism associations that publish ethical
codes of conduct, with common themes of truth and accuracy,
minimizing harm, and impartiality.1 Additionally, many state bar
associations and court systems issue rules and guidelines for
journalists engaging in courtroom reporting.2
14.1.5.2 For Law Enforcement
The overarching guideline for law enforcement in their interactions
with the media is not to provide information that would jeopardize an
active case or violate con identiality constraints. The state law must
inform the communications policies that law enforcement agencies
draft and implement, so it is clear what information is protected and
what information is permissible to release. Generating a policy is of
utmost importance and will create consistency and uniformity in how
of icers interact with the media and what information they convey.3
14.1.5.3 For Veterinarians

The guidelines relevant to a veterinarian's interaction with the media
will depend in part on their role in the investigation. Generally
speaking, state licensing boards and the American Veterinary Medical
Association (AVMA) issue rules and guidelines veterinarians are
expected to follow [7]. These rules might require con identiality when it
comes to information about a patient and/or client [8]. If a veterinarian
works as the lead doctor on an animal cruelty case, that veterinarian
can be deemed an agent of the investigating agency. As an agent of the
agency, the veterinarian would have to keep the same con identiality on
open cases as their law enforcement partner. Similarly, if a veterinarian
is a primary witness for an ongoing animal cruelty case, it is outside the
scope of their authority to disclose information that would have the
potential to jeopardize the investigation.
14.1.5.4 For Prosecutors

Prosecutors have very clear guidelines with respect to interactions with
the media about their criminal cases. These guidelines even extend to
the agencies and individuals assisting with the investigation of those
cases. In their Model Rules of Professional Conduct for lawyers, the
American Bar Association (ABA) includes the following under the
“Special Responsibilities of a Prosecutor”:
[E]xcept for statements that are necessary to inform the public of the
nature and extent of the prosecutor's action and that serve a
legitimate law enforcement purpose, refrain from making
extrajudicial comments that have a substantial likelihood of
heightening public condemnation of the accused and exercise
reasonable care to prevent investigators, law enforcement personnel,
employees or other persons assisting or associated with the prosecutor
in a criminal case from making an extrajudicial statement that the
prosecutor would be prohibited from making… [9]
(Emphasis added.)
All 50 states use this model rule as an outline to their respective state
rules [10]. More than likely the prosecutor's of ice will have written
policies directly related to their interactions with the press [11].
14.1.5.5 For Animal Shelters/Rescues/Sanctuaries

There are no laws or professional rules of conduct speci ic to animal
shelters, rescues, and sanctuaries when it comes to interactions with
the media. When these organizations are holding or caring for animals
involved in a criminal animal cruelty case, they are doing so as agents of
the enforcing entity. That means the guidelines that apply to that
enforcement entity extend to the animal care organization with respect
to those speci ic animals.
14.1.6 Different Phases of the Case

The phase an investigation or case is in – beginning, middle, or end –
will in luence how you can or should respond to media inquiries. At
certain points in an investigation some information becomes public
record and you may decide to share more information. In other cases,
you may want to take extreme precautions at every phase of the
investigation despite what information becomes public record, in order
to protect witnesses, other victims, or the suspect(s) involved in a case.
14.1.6.1 Report Made, Beginning of Investigation

Occasionally, news outlets will learn that a situation has been reported
and that your agency may be involved. This is one of the simpler
inquiries to navigate. At the beginning of an investigation there is not
much information you can relay to the public because it has a higher
potential of impacting the ongoing investigation. Typically, at this
phase, an agency could con irm they are investigating but politely
decline to comment further on an open investigation. Your agency
policies may prohibit you from either af irming or denying that an
investigation is taking place. There is too much left to learn at this
phase of an investigation to be sharing any indings or theories with the
media.
14.1.6.2 Ongoing Investigation into Chronic Issue

Animal cruelty investigations can take weeks or months to complete,
and the media may request an update about an investigation that has
been on their radar. Again, it is likely that disclosure of details to the
media would hinder the ongoing investigation and potentially put
involved parties at risk in this phase of an investigation. In this situation
you may want to take the opportunity to educate the media (and thus
the public) about why these cases can go on for weeks or months and
simply decline to comment on the speci ics of that ongoing
investigation.
14.1.6.3 Search Warrants

The execution of a search warrant in an animal cruelty case is an event
that will pique the interest of the media. It may also be the irst point in
the investigation that information will be accessible to the media
through public record avenues.
During Execution of the Warrant

Some journalists listen to police scanners and learn about search
warrant executions as they are actively occurring. In animal cases, the
number of vehicles and personnel needed to execute a warrant service
can be signi icant, making any staging area conspicuous as well. As
mentioned in Chapter 9, it is important to plan for media presence at
the search warrant location and designate a person to interface with
them. Members of the media should never be permitted to enter the
scene of a search warrant without express permission of the judge or
the lead investigator on the case. Note that this includes media
personnel who may be employed by the assisting animal care agency or
veterinarian. Without speci ic authorization otherwise, media
personnel must stay relegated to areas open to the public.
Immediately After the Search Warrant Execution

Immediately after the search warrant execution the media may have an
interest in documenting the seized animals arriving at the animal care
facility. Again, the media should be restricted to areas open to the
public. The PIO for the investigating agency or the animal care agency
may be documenting the animals' arrival in a preapproved manner that
may later be disseminated to the media (and included in the case ile),
but members of outside media outlets should not be permitted to
document any part of the process involving the animals' arrival,
unloading, or veterinary examinations.
Creating a plan for footage collected by internal PIOs allows an agency
to meet their objectives of informing the public without jeopardizing
their case. When outside media are permitted to take photos and video
it is dif icult to get duplicates of that footage to include in discovery.
Once the search warrant return has been made, in most cases the media
is able to access the documents via public record channels. In some
ways this alleviates the decision of what information an agency should
release to the media because the search warrant documents will
provide a signi icant amount of detail. In other ways it can make the
rest of the investigation more dif icult if there is a large public response
to the information released by the media. It can be helpful to draft and
issue a press release close in time to your search warrant return in
order to anticipate interest and have a vetted statement to rely on in
your responses. See Appendix C for sample press releases issued in
animal cruelty cases.
14.1.6.4 After Citation or Arrest

Citation and/or arrest in a case is another newsworthy development.
Use caution at this point in your conversations with the media because,
if arraignment has not occurred, then the suspect has not been of icially
charged with the crimes for which they were cited or arrested.
Additionally, due to the public's historically emotional and vehement
reaction to animal maltreatment, releasing their name and exact
address can put a suspect and their family at risk. Of course, a custodial
arrest will result in some documentation that is available to the public,
but it does not mean that you are required to or should provide it in
your press releases or interviews with the media.
With strict adherence to the internal policy on media interactions, the
lead veterinarian on a case may issue a statement to the press. Keep in
mind that this statement can be used during trial for any relevant
purpose, including discrediting and bias. For that reason, the
veterinarian's statement needs to be consistent with the report they
submitted in the case and be limited to factual indings. For example,
“Many of the cats were anemic and suffered from severe dental
disease,” or “The dog in this case sustained multiple bone fractures and
is currently receiving ongoing treatment for these serious injuries.”
Instead of statements infused with legal conclusions or opinions about
the defendant, for example, “The animals were severely neglected
based on their skeletal conditions. It is clear the owner was too lazy to
purchase adequate food for them.”
14.1.6.5 Pending Trial

The period between when a suspect is arraigned and when the trial or
plea agreement occurs can be quite lengthy unless the suspect is in
police custody. When a person is being held in custody (i.e. jail), there
are strict timeframes that expedite the charging process to ensure that
an individual is not kept against their will for a prolonged period of
time. During this time, the media may follow up with involved agencies
or individuals to inquire about the status of the case, condition of the
animals, or the availability of the animals for adoption. Any information
released to the media should already have been produced in discovery
for the case. Said a different way, the media should not have
information before the prosecutor and defense have it in their
possession. Again, always refer the media to the lead investigating
agency before providing any updates about an active case.
14.1.6.6 During Trial

There are journalists who monitor the court dockets and will know
when a case is set for trial. The media will be subject to the court rules
for cameras and media presence in the courtroom during trial, but that
does not always explicitly prevent contact with agencies or witnesses
outside the courtroom. First and foremost, adhere to the policies your
agency has generated with respect to communications with the media.
While trial is ongoing, do not provide any information to the media
aside from using the appropriate spokesperson to con irm that the trial
is underway. Witnesses are not permitted to discuss the case outside of
the courtroom and that extends to representatives of the media.
14.1.6.7 After Trial

Once the trial has concluded, additional information can be released to
the media. Typical posttrial press releases will include: the charges the
defendant was convicted of, which judge oversaw the trial, and, if
available, the terms of the sentencing. If you are displeased with the
sentence or how the trial was prosecuted, airing those grievances
through the media is not an appropriate way to address them. In most
cases trials are open to the public and the public can request trial
transcripts. This makes the information provided in testimony a matter
of public record, allowing you to reference it without jeopardizing
discovery rules or the viability of that evidence in the case. As an
assisting agent of the lead law enforcement agency on the case, you
have a duty to be very factual in the information you are providing to
the public and to avoid statements that would in lame the public or
exaggerate the facts of the case.
While maintaining a good relationship with the media is important, be
careful not to stray from your agency’s policies in your interactions
with them. If resources allow, it is a good idea to designate a person to
be responsible for coordinating and interacting with the media. Ideally
this person would have some experience working with the media or a
background in public relations/communications. If you are assisting
law enforcement with a case, remember to refer media to the lead
investigating agency or con irm with the agency how they want you to
respond to inquiries.
14.2 Handling Negative Press
Working in animal cruelty investigations does not exempt you from
negative press. Even though animal cruelty cases are generally viewed
as rescue stories and the media reports on them in a positive light,
these stories still often garner negative comments or response. The
media typically does not have the full complement of information on a
case and, as such, what they report has the potential to create discourse
in the community. Veterinarians can be criticized for reporting clients.
Animal care agencies can be challenged for charging high adoption fees
for rescued animals. Law enforcement agencies are susceptible to
critiques of their investigation and lack of empathy in removing animals
from an individual's home. All entities can be admonished if any of the
animals from a case are euthanized, regardless of the reason. These are
all common laments surrounding animal cruelty investigation work
and, with the help of social media, can spiral quickly into a public
relations nightmare.
As an agency or a participant in the case, you must be thoughtful, well-
prepared, and cautious in how you respond. After investing signi icant
time and resources into investigating and rescuing animals, you may
feel compelled to give clarity if a different narrative is emerging in
response to the media's release. Making a plan for negative press is a
worthwhile endeavor and has the likelihood of mitigating the damage
quickly. In some cases, not responding will be the best response; this is
known as “starving the story.” Attempting to refute every allegation in
the comments section of a news story or in the feed of a social media
account is likely to perpetuate the irestorm rather than temper it. It
may also be damaging to the case. The news cycle grows increasingly
more leeting and requiring that your staff and volunteers refrain from
commenting facilitates a quick fading of interest. This is the time when
positive relationship-building with the media pays off. In cases where a
suspect or other member of the public is attempting to paint you in a
bad light, the media controls whether a story gets released and how the
information is conveyed. Take the time to understand how law
enforcement and public relations professionals handle situations
involving negative press, so you can be prepared to act quickly and
decisively.
14.3 Internal Communications Policy
Any agency that engages in animal cruelty investigations should have a
communications policy speci ic to those investigations. This affords
your agency consistency in interactions and a reference, when
necessary, on the witness stand. See Appendix C for an example
communication policy document. As with every policy you generate,
once you have put the effort into its creation, make sure you pair that
with adequate training for staff and volunteers to ensure adherence.
14.4 Fundraising
Animal cruelty investigations can fall short of action taken to remedy a
situation solely due to lack of funds. This can come in the form of lack of
resources to investigate, the cost of adequate veterinary forensics, or
the inancial burden of caring for animals as the criminal justice
process is carried out. Animal cruelty investigations are expensive, and
it is necessary for assisting agencies to support this work through
fundraising. Generally, in this section we refer to “fundraising” in the
context of seeking money to help pay for the care and treatment of
animals in an active criminal case. This is distinguished from the
fundraising that is done to facilitate the ability of the organization to do
similar work in the future.
14.4.1 Why Is Fundraising Necessary?

Animal cruelty cases involve living evidence that, under state laws,
require a minimum level of ongoing care. The cost of providing that
care is often a prohibitive factor in addressing these crimes. First, an
assisting animal care organization must create space to house the
Protective Custody animals. This displaces the space used for non-case-
related animals that are presumably available for adoption. Depending
on how long the Protective Custody animals are held, the animal care
organization could have housed and adopted out three to ive to ten
times that population of animals in the space being occupied by the
Protective Custody animals. So as not to displace adoptable animals, the
animal care agency would need to procure alternative temporary
housing facilities for the Protective Custody animals and then, in most
circumstances, retro it that space to accommodate that particular
species of animal. All this has a signi icant inancial impact on the
assisting animal organization that they would not otherwise have
experienced but for the crime of animal cruelty being committed by the
defendant.
Not only do the assisting agencies have to expend money on the space
to house the animals, but also on the workforce necessary to care for
them. This includes, but is not limited to, providing food, water,
sanitation, enrichment, and medication multiple times a day. Even if an
agency already has a workforce employed to care for a certain number
of animals that now happen to include Protective Custody animals, this
population of animals almost always requires a higher level of care, at
least initially, and more time providing that care.
None of these costs are eliminated by the use of foster homes for
Protective Custody animals. Again, using foster homes for the purpose
of Protective Custody animals means those homes are not available to
other animals, which then remain, at a cost, in the animal rescue facility.
Additionally, a foster care program does not run without oversight and
the organization will be using staff to coordinate the logistics of
processing foster applications, training foster homes about the policies
related to the Protective Custody animals, sending the animals into
foster, responding to inquiries and concerns of the foster while they
have the animal(s), and ensuring that foster animals get medical
checkups when they are due. Many agencies will provide the food and
equipment necessary to foster the animal and, if they do not provide
that, they are paying for the animals that remain in the shelter who
would otherwise be in foster care. Again, if this impacts the number of
animals a rescue organization can move through to adoption, it results
in a decrease of a signi icant revenue stream used to fund its operation.
The conditions that result from animal cruelty require veterinary care
that is costly as well. To conduct a forensic examination, a veterinarian
must have the resources to engage in any diagnostics necessary. This
can include blood tests, tissue sample testing, radiographs, ultrasounds,
and even full necropsy or toxicology testing, not to mention the cost of
the veterinarian and their staff's time in conducting the exam. Once the
exam is complete, it is likely the animal will need ongoing care for any
number of issues. It is the investigating agency's responsibility to get
assurances that this level of minimum care is being met and they or
another entity must incur the cost.
It is a disservice to the community and to the victim animals if inancial
concerns are a barrier to conducting thorough animal cruelty
investigations. The agencies providing resources to ensure those cases
do not fall victim to a shoestring budget must be permitted to seek
inancial assistance through fundraising, and not be disparaged for
doing so. As we will explore in the remainder of this chapter, the caveat
to fundraising during an active criminal case is that it cannot impinge
on a defendant's rights, and it cannot jeopardize the case in a material
way.
14.4.2 Vulnerabilities Created by Fundraising

The need to seek additional outside funding while caring for Protective
Custody animals must be balanced with the risk of jeopardizing the
case. If your organization played a role in the collection of animal
evidence or treatment of evidence animals, you are essentially an agent
of the law enforcement entity investigating the case. Under no
circumstances should requests for donations or fundraising campaigns
use any rhetoric that passes judgment on the accused prior to
adjudication. Only facts can be used in the fundraising materials about
criminal cases; this requires restraint from ponti icating about the
conditions at the scene or the health and emotions of the animals.
Realize that by choosing to fundraise during an active criminal case,
you are providing the defense with grounds to question witnesses on
bias and to challenge restitution sought; essentially you are making the
prosecutor's job more dif icult. You may also be exposing the
organization to civil liability should the fundraising materials stray
from or exaggerate any facts of the case. Another concern is the impact
of fundraising on the judge or jury in a case. If, based on evidence
presented, the decision maker feels that the victim animals have
suf iciently recovered and the animal care organization has been made
whole through donations, it has the potential to sway their assessment
of the seriousness of the violation.
There is less risk associated with seeking donations from a narrow,
targeted audience. Using information from press releases to draft a
request to a speci ic major donor for inancial assistance in a case
exposes that case to fewer vulnerabilities than a public campaign. In
these situations, you can employ con identiality agreements and get
other assurances that the information will remain private and not
publicized. Regardless of the size of the audience, you may be required
to disclose your fundraising activity if it is connected directly to a
particular case.
14.4.3 Traditional Methods of Fundraising

While governmental agencies or for-pro it veterinary clinics may be
restricted in how they can fundraise, nonpro it animal care
organizations have a variety of ways to sustain their missions
inancially. The most traditional avenues are individual donors, grants
(foundations, corporate, and government), fundraising events, estate
bequests, and earned income (i.e. adoptions). Appealing to the donor
through most of these methods requires focusing on a speci ic donor or
a particular group of donors, but some fundraising strategies are
geared toward an appeal to the general public.
Regardless of the method, sharing a story about a victim of animal
cruelty tends to inspire more and bigger donations than other
anecdotes. Because the nonpro it wants to motivate the individual or
the foundation to contribute to their organization, the staff pursuing
the donations may be prone to use emotional language and vivid
adjectives when telling the stories of the nonpro it's work. In the
context of fundraising in connection with a criminal case, that can
become problematic.
14.4.4 Timing
A criminal investigation goes through many phases and not every phase
is an appropriate time to consider fundraising. In fact, fundraising
should be off the table completely between when a situation is reported
and the decision to remove animal(s), and even long after that in many
cases. If an animal care agency is called to assist in the removal and
housing of a large number of animals, representatives from that
organization might start to make a plan about how they are going to
offset the inancial impact of that event. The unpredictable nature of
animal cruelty cases is such that actually securing donations or grants
in advance would be irresponsible from a iduciary standpoint.
Once the organization is actively incurring costs associated with the
case and the animals, there may be appropriate ways to fundraise. If a
press release is to be issued, it can include information about how to
donate if the lead law enforcement agency approves. Staff of the animal
care organization can approach speci ic donors or foundations to seek
inancial assistance for the case if sensitive information related to the
case is kept con idential. Fundraising after a case has been adjudicated
to secure funding for future case assists allows for a more detailed pitch
and less risk as it relates to the case work.
14.4.5 Fundraising and Restitution

Some judges and attorneys may ind restitution and fundraising for the
costs associated with a case to be mutually exclusive. This is a risk
worth considering in your decision on whether to fundraise in
connection with a particular case.
There are arguments available to a prosecutor to refute the idea that
restitution should be offset by donations an animal care agency
received. Members of the public would cease to donate if that donation
turned into a windfall for an individual convicted of animal cruelty. It is
not the public's responsibility to pay for the harm caused by the
defendant. Restitution is part of the sentencing process, and it is part of
holding that person accountable for the outcome of their criminal
conduct. Permitting a reduction in restitution is not in keeping with the
intent of restitution in these cases.4 The vast majority of animal care
organizations are not going to be seeking donations speci ically
earmarked for a particular case. The money will go into their operating
budget and will likely be used to replace the funds taken away from the
animals they routinely assist in their community. Finally, across the
board, animal care agencies lose money when assisting with these
cases. If they receive donations, they rarely come close to covering the
added costs, and adoption fees fall woefully short of actual costs of care
as well. If restitution is awarded, it is often reduced and, if paid at all,
paid over the course of many years.
Despite the arguments available in favor of the defendant paying the
full restitution amount, prosecutors and animal care agencies should be
prepared to produce documentation of donations related directly to a
case. If ordered to submit donation information, it is within the
organization's right to contest any requirement to produce donor
names and personal information. The sum of money and what it was
spent on is what is relevant, not who made the donation. Include The
staff time spent procuring and processing the donation is also relevant
and should be included. A defendant should not have the full value of a
donation credited to the costs they owe for the care of the animals they
victimized if some of the donation was utilized for other purposes
related to the case.
There are ways to resolve any ambiguity between restitution and
fundraising. Agencies involved in animal cruelty investigations need to
meet with the local prosecutor ahead of time to understand their state's
laws on restitution in criminal cases and how the case law has
interpreted those statutes (Box 14.1). Using that insight, plan to receive
donations during a time when you are assisting with a case. Another
option is to inesse the language you are including on your fundraising
and marketing materials about the case. Instead of seeking funds
speci ically for or because of that current case, ask the public to support
your continued work “on cases like these.” Removing the direct
correlation between a supporter's donation to your organization and
the immediate case at hand can help remove ambiguity when
discussions regarding restitution take place.
14.4.6 Guidelines for Necessary Fundraising

If the risk to the case is too great, there are alternatives to fundraising
in direct connection with an active case.
14.4.6.1 Do Not Use Active Cases

Once a case has been adjudicated there is more information to share
with interested donors. If you stagger your fundraising campaigns and
use past, closed cases there is signi icantly less risk to the case and the
organization. Additionally, you can use more compelling images and
concrete language about the scene, the charges, and the outcome. Using
this strategy of fundraising also facilitates the use of follow-up stories
on recovered and rehabilitated animal victims. Waiting to fundraise on
a case until it has resolved gives you the bene it of being able to tell the
whole story and connect the outcome with the work you continue to
engage in.
Box 14.1 Example
The state of Oregon went so far as to address the uncertainty by

amending their legislative indings and their sentencing laws:
Oregon Revised Statutes §167.305(6):

(6) A government agency, a humane investigation agency
or its agent or a person that provides care and treatment
for impounded or seized animals:
a. Has an interest in mitigating the costs of the care and
treatment in order to ensure the swift and thorough
rehabilitation of the animals; and
b. May mitigate the costs of the care and treatment
through funding that is separate from, and in addition
to, any recovery of reasonable costs that a court orders
a defendant to pay while a forfeiture proceeding is
pending or subsequent to a conviction;
Oregon Revised Statutes §167.350(1) (b):
If a government agency or a humane investigation agency
or its agent provides care and treatment for impounded or
seized animals, a court that orders a defendant to repay
reasonable costs of care under paragraph (a) of this
subsection may not reduce the incurred cost amount based
on the agency having received donations or other funding
for the care.
14.4.6.2 Wishlists
Wishlists are a creative alternative to fundraising that pose less risk to
an active case. Particularly in cases where your organization must
collect supplies, such as bird cages or reptile enclosures, a wishlist can
often be a way that donors can contribute to the cause while you get the
equipment you need. On many platforms you can preload your wishlist
and then make it live when the case is made public. At that point you
can direct the public and other donors to the wishlist if they want to
help.
14.4.6.3 National Organizations

There are national organizations, foundations, and charities in place
that will provide grants to assist with criminal cases without requiring
disclosure of important details about the case. For example, the Animal
Legal Defense Fund can provide expedited grants for veterinary
forensics and daily costs of care for animals connected to a criminal
investigation or prosecution. The Association of Prosecuting Attorneys
offers grants in cases of cruelty involving dogs [12]. PetSmart Charities
and Ban ield Charitable Trust and the American Society for the
Prevention of Cruelty to Animals (ASPCA) are examples of other
national entities who can assist inancially without jeopardizing a case.
14.4.6.4 Funding from Law Enforcement

On occasion the budget of a law enforcement agency will include
money for animal cruelty casework. Leadership at the animal care
agency called upon to assist must discuss who will bear the inancial
cost of the care and treatment of the victim animals in advance of the
intake. Sometimes these discussions can result in interagency
collaborations that prove sustainable across future cases as well.
14.4.6.5 Specific Donor Asks

Nonpro it animal care agencies have the option of approaching a
targeted donor with a request for inancial assistance in a case. If the
supporter requires certain speci ics about the case, make sure law
enforcement is aware and involved if they choose and have the donor
sign a con identiality agreement before disclosing any information
about the case to them.
14.4.6.6 Designated Fund for Future Cases

Agencies can initiate a fund that supporters can contribute to
throughout the year that will be used for casework when it occurs.5
This money will not be tied to a speci ic case and gives an agency the
lexibility to be able to respond in the moment to an urgent animal
cruelty case.
References
1 Constitution of the United States, Amendment 6, (1791) (USA).
2 Simpler, M.F. (2012). The unjust “web” we weave: the evolution of
social media and its psychological impact on juror impartiality ad
fair trials. Law Psychol. Rev. 36: 275.
4 Dee, J. and Hans, V.P. (1991). Media coverage of law: its impact on
juries and the public. Am. Behav. Sci. 35: 136.
5 Dee, J. Hans VP. Media coverage of law: its impact on juries and the
public. The American Behavioral Scientist. 1991 Nov/Dec 35: 136.
7 American Veterinary Medical Association (n.d.). AVMA policies.
https://www.avma.org/resources-tools/avma-policies?
f%5B0%5D=policy_topic%3A1816 (accessed 30 May 2021).
8 American Veterinary Medical Association (2019, updated 2021).
2019 Model veterinary practice act.
https://www.avma.org/sites/default/ iles/2019-11/Model-
Veterinary-Practice-Act.pdf (accessed 30 May 2021).
9 American Bar Association (n.d.). Rule 3.8 Special responsibilities of a
prosecutor.
https://www.americanbar.org/groups/professional_responsibility/
publications/model_rules_of_professional_conduct/rule_3_8_special
_responsibilities_of_a_prosecutor (accessed 30 May 2021).
10 American Bar Association CPR Policy Implementation Committee.
(2020). Variation of the ABA model rules of professional conduct
rule 3.8: Special responsibilities of a prosecutor.
https://www.americanbar.org/content/dam/aba/administrative/pr
ofessional_responsibility/mrpc_3_8.pdf (accessed 30 May 2021).
11 The United States Department of Justice (2018). 1-7.000 –
Con identiality and media contacts policy.
https://www.justice.gov/jm/jm-1-7000-media-relations (accessed
30 May 2021).
12 Association of Prosecuting Attorneys (n.d.). National dog abuse
investigation and prosecutor assistance application.
https://www.apainc.org/programs-2/animal-abuse-prosecution-
project/national-dog-abuse-assistance (accessed 30 May 2021).
Notes
1 Society of Professional Journalists (n.d.). SPJ code of ethics.
https://www.spj.org/ethicscode.asp (accessed 30 May 2021); New
Leaders Association (n.d.). ASNE statement of principles.
https://members.newsleaders.org/content.asp?
pl=24&sl=171&contentid=171 (accessed 30 May 2021);
International Federation of Journalists (2019). IFJ global charter of
ethics for journalists. https://www.i j.org/who/rules-and-
policy/global-charter-of-ethics-for-journalists.html (accessed 30
May 2021); The Associated Press Managing Editors. (1994).
Statement of ethical principles.
https://web.archive.org/web/20080622123407/
http://www.apme.com/ethics (accessed 30 May 2021).
2 United States Courts (n.d.). A journalist's guide to the federal courts.
https://www.uscourts.gov/statistics-
reports/publications/journalists-guide-federal-courts (accessed 30
May 2021); Oregon Newspaper Publishers Association (n.d.). News
media and the court. http://orenews.com/news-media-court
3 International Association of Chiefs of Police (2019a). Considerations
document: Media relations.
https://www.theiacp.org/sites/default/ iles/2019-
08/Media%20Considerations%20-%202019.pdf (accessed 30 May
2021); International Association of Chiefs of Police (2019b).
Concepts and issues paper: Media relations.
https://www.theiacp.org/sites/default/ iles/2019-
08/Media%20Paper%20-%202019%202.pdf. (accessed 30 May
2021).
4 Mahan vs. State (2002) 51 P.3d 962; State vs. Burr (2001) 147 N.H.
102, 782.
5 An example of this type of fund is the Velvet Assistance Fund used for
emergency care for animals: DoveLewis (n.d.). Velvet Assistance
Fund. https://www.dovelewis.org/community/ inancial-medical-
aid/velvet-assistance-fund (accessed 30 May 2021).
15
Forfeiture, Surrender, and Related Legal
Remedies
David Rosengard
When it comes to animal cruelty, that the animalness of those creatures

victimized by criminal cruelty is relevant may seem so obvious as to be
dismissible. If the victims of animal cruelty were not animals, we
would, after all, not be discussing the issue as animal cruelty.1 However,
this seeming tautological simplicity of it mattering that dealing with
animal cruelty involves dealing with animals belies the complexity of
what the involvement of animals means for both responders on the
ground and legal practitioners involved in animal cases.
One of the places where animal cases have given rise to complex
practical and legal scenarios grows out of one seemingly simple
question: after you have seized the animal in a cruelty case, what do
you do with that animal?2 Law enforcement and the legal system are no
strangers to evidence seized during the investigation of criminal cases –
there is no shortage of best-practice procedures and case law
illustrating who owns such evidence, whether (and when) it shall be
returned to its owner, in what condition the evidence should be kept,
and so forth. Nor is there a lack of material discussing the position of
victims within the criminal justice system. Animals seized pursuant to
cruelty cases, however, occupy a position that does not neatly it in
either the traditional categories of victim or inanimate evidence.
Statutory law, rescue organizations, law enforcement agencies,
prosecutors, and animal legal advocates have all had to grapple with the
unique position animals occupy, as they resolve postseizure animal
issues.
15.1 Seized Animals and Reasonable

Minimum Care
Though animal cruelty victims are property, just as is traditional
evidence, they cannot be dealt with in the same way. While the goal for
seized property is typically to preserve the item taken as statically as
possible, this is not an option in animal cases, for the simple reason that
animals are not things. Unlike objects, animals – as living creatures –
need sustenance, shelter, and care: a statically preserved animal is a
dead animal. At a minimum, seized animals require maintenance care:
the reasonable necessities for them remaining healthy. Moreover, given
that animals seized pursuant to cruelty cases are often seized precisely
because they have been neglected, abused, or otherwise subject to
unlawful harm, those animals often additionally need ameliorative care,
more than what they would need had they not been criminally harmed.
It is worth noting that declining to provide this sort of maintenance and
ameliorative care is not an option available to the agency who has
custody of seized animals. Failure to provide seized animals with
reasonably necessary care con licts with the statutory duty to refrain
from conduct constituting animal neglect. Treating a seized animal like
other forms of seized evidence – logging the animal into evidence
storage and leaving them there until needed for litigation – would
actually implicate the responsible agency in committing animal cruelty
by failing to provide an animal in their custody with necessary food,
water, shelter, and care. Similarly, for a custodial agency to forgo
providing for the reasonable care of an animal who was seized because
of their exposure to neglect, abuse, or other cruel conduct would result
in an absurd outcome vis-à -vis cruelty law. One of the reasons modern
animal cruelty laws exist is to protect animals from suffering3 – seizing
such an animal, only to then in lict further suffering upon them cannot
be the appropriate outcome. Finally, the seized animal remains the
property of their owner (often the defendant in the associated animal
cruelty case) – despite being under the care of the custodial agency.
Should the owner successfully retain ownership of the animal in
question – whether through charges not being iled, a civil hearing
prior to conclusion of trial, through a not guilty verdict, or otherwise –
they are unlikely to be pleased to discover that their animal has
degraded or died because the custodial agency declined to provide
reasonably necessary care. Such a scenario, in turn, may well give rise
to successive additional rounds of litigation.
Choosing to kill seized animals rather than providing them with
reasonably necessary ameliorative and maintenance care poses many
of the same issues as simply refusing to provide them with care. While
appropriate euthanasia is not itself cruelty, the unnecessary killing of
animals certainly frustrates the purpose both of animal cruelty law and
those who work in the ield of animal care and protection. A defendant-
owner who ultimately retains ownership of a seized animal will no
doubt expect to receive the animal in a live state – and being told that
the animal was euthanized for reasons of convenience is unlikely to put
the custodial agency in an enviable position. Moreover, depending on
the speci ic cruelty code of the jurisdiction in question, there may be a
statutory policy preference against convenience euthanasia.4
Nor are the costs of providing care to seized animals limited to the
iscal. Even in jurisdictions whose budgets could in theory absorb the
needs of any number of seized animals,5 the logistical resources
implicated by animal care are by nature limited. Custodial agencies
have only so much space within which to house animals; staff have only
so much time to provide animals with care. This is particularly true
when resources are strained by the seizure of large numbers of
animals, animals with needs beyond those the custodial agency usually
encounters, or both.
15.2 The Impact of Seizure Expenses – and

Responsive Solutions
These unavoidable costs associated with providing seized animals with
care have historically posed a hurdle to the justice system responding
effectively to animal cruelty cases. On the law enforcement side, the
prospect of unexpected costs can perversely incentivize animal cruelty
to go underinvestigated. In the courtroom, attempts to recover costs
expended on caring for seized animals can spawn further rounds of
litigation, even after conclusion of the core criminal case. From a public-
policy perspective, this also gives rise to an economic free-rider
problem: defendant-owners can shift the expense of providing their
animals with ameliorative and maintenance care to governments and
charitable organizations, while still retaining ownership of the animal –
who is being cared for at someone else's expense. This issue is
particularly pointed in the case of maintenance care. As an animal's
owner, the defendant has already implicitly agreed to be responsible for
ensuring the animal is provided with care at a level that meets the
statutory minimum set by cruelty law. When the costs of that minimum
care are shifted to the custodial agency, the defendant-owner effectively
avoids meeting the most basic obligations they took on when they
decided to become an animal owner.6
In response to these challenges, lawmakers and practitioners have
developed various legal strategies to provide seized animals with
necessary care, ensure that the costs of that care are appropriately
allocated in a timely fashion, and fairly resolve both ownership of the
animal and where the animal ultimately ends up. While details vary
across jurisdictions, these legal approaches generally fall into the
following categories (Box 15.1):
Box 15.1 Legal Approaches
Stage of case Result

Voluntary Any Defendant-owner knowingly gives
relinquishment up property interest in the animal
Animal as After seizure Upon showing that it is not possible
contraband for defendant-owner to lawfully
possess animal, defendant-owner's
property interest in animal is
extinguished
Preconviction Prior to Civil hearing determines whether
forfeiture verdict defendant-owner continues to have
property interest in animal and/or
requires defendant-owner to pay
reasonable costs of care
Restitution Sentencing As part of sentence stemming from
criminal conviction, defendant-
owner reimburses for cost of
animal's reasonably necessary care
Forfeiture via Sentencing Defendant-owner's property
sentencing interest in animal is extinguished as
a part of sentence stemming from
criminal conviction
Cost-of-care Varies Defendant-owner pays animal's cost
lien (requires of care or animal can be foreclosed
care to have upon
been
provided, and
costs
incurred)
Each of these strategies may be more or less effective in addressing the

different issues implicated by animal seizure. For example, voluntary
relinquishment – where the defendant-owner knowingly and freely
surrenders the animal – resolves animal ownership with a high degree
of inality (thus also enabling the custodial agency to determine the
animal's disposition without impediment). Voluntary relinquishment,
however, largely leaves unaddressed the cost of providing for the
animal's care. Conversely, restitution often directly addresses costs of
care, while remaining silent on ownership.
15.3 Voluntary Relinquishment

This is essentially the same as the familiar process by which members
of the public surrender animals to animal control agencies, rescues, or
shelters. The critical ingredients of such a surrender are that (i) the
owner knows that they are giving up all ownership rights to the animal;
and (ii) the owner is not being coerced into doing so by the custodial
agency or law enforcement.7 The surrender paperwork to be signed by
the owner should note both of those factors. Upon relinquishment, the
animal becomes property of the custodial agency,8 who may then treat
the animal as they would any other animal surrendered to them – e.g.
placing the animal in a foster or permanent home.9 Voluntary
surrender resolves the question of ownership, but does not block
progress on the cruelty charges the animal was seized pursuant to, and
may not necessarily impede extracting cost-of-care restitution from the
defendant (particularly for costs connected to treating injuries caused
by the defendant). It is important to document each animal
relinquished with speci icity. In a scenario where a dozen ferrets have
been seized, simply noting that the defendant-owner has decided to
surrender two of them may, for example, lead to later litigation
regarding which ferrets those are.
15.4 The Seized Animal as Contraband

When the government seizes contraband – property the defendant is
simply not legally allowed to own – the government is generally under
no obligation to give that contraband back, regardless of whether the
defendant is found guilty or not guilty. This is, to take a non-animal
example, why law enforcement does not return illegal drugs to
defendants – regardless of how the defendant's criminal case turns out,
it is not lawful for the defendant to have the drugs in question. For
animals, then, the key question is: why can this animal not legally be
owned by this defendant? The two most common answers are either:
1. The species of animal is one that the defendant cannot legally own;
For example, in various jurisdictions it simply is not lawful for a
private individual to own certain primates or great cats.10 If one of
those animals were seized from a defendant-owner in one of those
jurisdictions, the animal would be contraband.
2. The way the defendant is using the animal makes owning them
legally impossible.
In certain jurisdictions, for example, it is not lawful to own
chickens meant for cock ighting.11 While this would not make all
chickens contraband, it would mean that roosters seized pursuant
to a cock ighting operation are contraband.
Scenarios where there simply is no basis for lawful ownership or

possession of an animal – such as the great cat example given above –
are instances where the animal constitutes contraband per se – i.e.
property that it is simply not lawful to possess. Establishing the
animal's contraband status in a contraband per se case is (relatively)
straightforward. For example, in Washington State it is unlawful to
possess a nonhuman primate unless the possessor falls into a speci ic
exemption category [1]. Therefore, if an orangutan is seized in
Washington, showing that the animal is contraband per se is simply a
matter of establishing that orangutans are primates, and that the
defendant is not someone (such as an accredited zoo) [2] explicitly
allowed to possess primates. There are other, less frequently invoked
circumstances where the animal in question constitutes derivative
contraband – which is to say, property that only becomes unlawful to
own as result of the property being suf iciently involved in perpetrating
criminal conduct.12 Because animals are property, when an animal is
involved in the crime of animal cruelty – as the animal is if they
themselves are the victim of that cruelty – a potential arises that the
animal may be classi iable as derivative contraband.13
Under any contraband theory, resolving ownership of an animal
requires a legal inding that the animal in question is indeed
contraband – at which point the defendant's ownership interest in the
animal is extinguished. Much like voluntary relinquishment,
terminating the defendant's ownership of an animal under a
contraband argument does not interfere with any associated cruelty
case, nor does it necessarily block cost-of-care recovery.
15.5 Preconviction Forfeiture

Present in 43 states and Washington DC [3], animal preconviction
forfeiture statutes are designed to address the cost and ownership
issues implicated by animal seizure.14 During preconviction forfeiture
proceedings, the court will determine whether the case meets a
statutorily de ined threshold (e.g. “the animal was subject to unlawful
cruelty,” “the animal was seized pursuant to a cruelty case,” etc.) – if the
court inds that threshold is met, the result will address payment of
care costs, ownership, or – most frequently – both. While each
jurisdiction's individual animal preconviction forfeiture statute is
unique, three key attributes are shared by preconviction forfeiture
statutes in general:
1. Preconviction forfeiture proceedings are distinct from criminal

prosecution. While connected to the criminal case giving rise to the
animal's seizure, preconviction forfeiture is a civil process – and in
nearly every instance relies upon a civil standard of proof (e.g.
“more likely than not,” “preponderance of the evidence,” etc.)
rather than a criminal standard (i.e. “beyond a reasonable doubt”).
Similarly, the constitutional right to a jury trial in criminal cases
does not apply to preconviction forfeiture hearings, because
preconviction forfeiture is not a criminal matter. Likewise, because
preconviction forfeiture and the criminal case are not separate
proceedings, but sound in two different areas of law (one of which
is not criminal) no double jeopardy issue is implicated.15 This also
means that the outcome of the parallel criminal case generally has
no bearing on preconviction forfeiture. An animal properly
forfeited through this process remains forfeited, regardless of
whether the defendant is found guilty, found not guilty, has the
criminal case overturned on appeal, etc.
2. Preconviction forfeiture due process is met via notice and
opportunity to be heard. As a matter of due process, defendants
should be provided with notice of the preconviction forfeiture
hearing, and an opportunity to be heard at the hearing. Depending
on the details of the speci ic statute at play, providing the
defendant-owner with written information about the
preconviction forfeiture process during the search and seizure
process can be helpful in meeting this due process requirement.16
3. “Preconviction forfeiture” is not synonymous with “civil asset
forfeiture.” While the fact that in both scenarios the defendant
forfeits property may cause animal preconviction forfeiture
proceedings to look akin to civil asset forfeiture schemes from a
distance, the two are critically different in both their purpose and
structure. Civil asset forfeiture laws set their sights on a wide
variety of conduct, property, and purposes – aiming to address
issues as disparate as nuisance abatement, victim compensation,
unjust enrichment, deterrence of criminality, and contraband. As a
result, the range of property vulnerable to civil asset forfeiture is
signi icant in scope. Civil asset forfeiture laws also frequently are
designed in a manner that allows the state to pro it from forfeited
property (whether through sale or by simply retaining the
property for state use). This has given rise to civil liberty
arguments that civil asset forfeiture schemes overreach or may
improperly incentivize seizure. In contrast, animal preconviction
forfeiture statutes focus narrowly on animal cruelty victims –
speci ically their reasonable costs of care, and ultimate disposition.
In doing so, animal preconviction forfeiture does not implicate
other property owned by the defendant. Similarly, in the event that
a given jurisdiction's preconviction forfeiture statute provides a
mechanism by which defendants can be asked to pay reasonable
costs of care, the custodial agency is typically not able to retain
funds beyond those actually spent on the animal's reasonable care.
The concerns invoked by traditional civil asset forfeiture are,
therefore, inapplicable to animal preconviction forfeiture: the
statutory scope is narrow, and there is no pro it to be realized
through the animal preconviction forfeiture process.
15.6 Preconviction Forfeiture: Bond‐or‐

Forfeit Statutes
The majority of jurisdictions have adopted a speci ic type of
preconviction forfeiture as a best-practice model: a bond-or-forfeit
statute.17 Bond-or-forfeit statutes require the owner of a seized animal
to post a bond covering the animal's reasonable costs of care. If the
owner fails to do so, the animal is forfeited. The logic behind this legal
mechanism is straightforward. Had the animal not been seized, the
owner would have been legally obliged to provide that animal with
certain basic necessities. Meeting this legal responsibility naturally
entails commensurate expenses that the owner would bear. A bond-or-
forfeit statute simply creates a mechanism whereby the animal owner
provides the agency that is actually spending money to give the seized
animal reasonable care with the funds the owner should be spending to
ensure the animal has necessary food, water, shelter, medical care, and
so forth. In the alternative, the defendant-owner may choose to forfeit
the animals by declining to post bond – just as the owners of unseized
animals may divest themselves of the responsibilities that come with
animal ownership by (appropriately) transferring the animal to
someone else. In this fashion, bond-or-forfeit statutes neatly address
the real-world challenges posed by animal seizure: resolving ownership
and costs of care, with less need for future litigation.
These statutes generally lay out who may petition the court for a bond-
or-forfeiture hearing, what the time window between petition and
hearing is, and – if a bond is required – how much time the owner has
to post the bond before the animals are forfeited. Bond-or-forfeiture
statutes also typically include a mechanism – either explicitly or
implicitly – where the defendant-owner is required to repost bond
when the original bond amount runs out (or forfeit the animal, should
they decline to repost bond).
15.7 Bond‐or‐Forfeit Statute Examples

Several states have built on this basic bond-or-forfeit core by adding
components that explicitly speak to the condition of the animals
involved. Oregon's s 167.347 and Washington's RCW 16.52.085 are
illustrative (Figures 15.1 and 15.2):
Oregon's statute is triggered when an animal is properly seized pending
outcome of a criminal animal cruelty case. Under such circumstances,
the prosecutor or custodial agency may ile a bond-or-forfeit petition
with the court, giving appropriate notice to the defendant. The court
will hold a hearing within 14 days, at which the defendant has an
opportunity to be heard. If, at the conclusion of the hearing, the court
does not ind probable cause that the animal in question was subject to
unlawful cruelty, then the animal is returned to the defendant. If, on the
other hand, the court does ind probable cause that the animal was
subject to unlawful cruelty, then the court will order the defendant to
post a bond covering reasonable costs of care within 72 hours. If the
defendant fails to post the bond, then the animal is forfeited. If the
defendant does post bond, the court will require the defendant to
renew the bond amount, as necessary to provide for the animal's
reasonable anticipated care costs [4].
Like Oregon, Washington's bond-or-forfeit statue requires that the
animal in question has been properly seized pursuant to a violation of
the state's animal cruelty law, which also triggers the defendant-owner
being provided with written notice outlining the bond-or-forfeit
process. Washington, however, places the onus on the defendant-owner
to request a hearing – if the defendant-owner does not request a
hearing or post a bond covering at least one month's worth of care
within 15 business days from the date of seizure, then the animal is
effectively forfeited to the custodial agency.18 If the defendant-owner
posts this cost-of-care bond, then the animal continues in the
possession of the custodial agency, while remaining the defendant's
property.19 If, instead, the defendant-owner requests a hearing, then
they have the burden of showing by a preponderance of the evidence
that the animal is currently healthy and will not suffer future cruelty if
returned to the defendant.20
Figure 15.1 A simpli ied depiction of the bond-or-forfeit process in

Oregon.
Figure 15.2 A simpli ied depiction of the bond-or-forfeit process in

Washington.
15.8 Bond‐or‐Forfeit Statutes Are

Constitutionally Compliant
While there is relatively little case law litigating the particulars of
animal preconviction forfeiture procedures at an appellate level, such
cases tend to involve bond-or-forfeit statutes (hardly surprising, given
that most preconviction forfeiture laws take the form of bond-or-forfeit
statutes). In these cases, courts have consistently upheld bond-or-
forfeit statutes as a legitimate, nonpunitive21 way to solve the “obvious
practical problem[s] that arise when animals are impounded” [5].
Constitutional arguments typically raised against bond-or-forfeiture
statutes are answerable by underscoring the civil nature and remedial
purpose of the bond-or-forfeiture process:22
In a bond-or-forfeiture hearing, does the defendant enjoy the criminal
rights to trial by jury or proof beyond a reasonable doubt? No.
A bond-or-forfeiture hearing, like preconviction forfeiture proceedings
more generally, is a fundamentally civil matter – no criminal rights are
implicated:23 “… although a [bond-or-forfeit proceeding] takes place in
the criminal action, it does not arise from that action, is entirely
separate from it, and, necessarily, is not governed by the rules that
apply to criminal prosecutions” [6].
Does the requirement that the defendant either post a cost-of-care
bond or forfeit the animal amount to an excessive ine, forbidden by the
Eighth Amendment? Does this analysis change if the defendant is
acquitted of criminal animal cruelty charges? No, and no.
Fines are a form of punishment. In contrast, the purpose of bond-or-
forfeit statutes is “… not to punish … but, rather … to ensure the well-
being and continued recovery of the injured animals” [7]. That the
defendant might not enjoy the choice between paying for their animal's
care or forfeiting the animal does not transmute the proceeding from
remedial to punitive – the legal system asks people to do any number of
things they may not be thrilled about, without that rising to the level of
a criminal sanction.24 By the same token, if the defendant is acquitted of
animal cruelty charges at criminal trial, the bond-or-forfeiture process
remains unscathed: “It is irrelevant to forfeiture under [Oregon's bond-
or-forfeit statute] whether the owner is innocent or guilty of the
criminal charge, because the purpose of the forfeiture is to pay for the
care of the animals, not to punish the owner” [6].
15.9 Restitution
If a defendant is found guilty of animal cruelty (whether through trial
or plea), the available sentencing options may include requiring the
defendant to pay restitution covering the reasonable cost of treating
injuries the defendant caused. While ines and restitution are
super icially similar (both, after all, involve the defendant being
sentenced to pay someone money), they bear critical distinctions. Fines
go to the government, and typically the amount of the ine keys off the
severity of the charge – e.g. misdemeanor or felony. Restitution, in
contrast, goes to victims (or those who have spent money on victim
care), and the amount of restitution is connected to what it costs to
reasonably address the injury caused by the defendant. In the case of
seized animals, costs expended to provide those animals with
reasonably necessary care can often be framed in terms of restitution.
Note, that because restitution is a part of the defendant's criminal
sentence, if the case is later overturned on appeal, the restitution – like
the rest of the criminal sentence – will be imperiled.
15.10 Forfeiture via Sentencing

A defendant found guilty of animal cruelty (whether through trial or
plea) may be required to forfeit speci ic animals as part of their
sentence. Some jurisdictions have made forfeiture mandatory upon
conviction [3]; in others, forfeiture may be permissive or unaddressed
in statute [3]. Note that a sentence involving forfeiture is not the same
as a sentence involving a possession ban. The former sentence results
in the defendant's ownership interest in a particular animal (or
animals) being extinguished. The latter is a sentence that forbids the
defendant from possessing animals (whether speci ic animals, certain
types of animals, or all animals) but may provide the defendant with
some latitude in terms of determining where animals they possessed at
the time of sentence go. Like restitution, because forfeiture via sentence
is part of a criminal sentence following a guilty verdict, if the case is
later overturned, so too is the forfeiture order [8]. Forfeiture via
sentence resolves who owns the animal but does not address costs of
care.
15.11 Cost‐of‐Care Liens
Closely related to a standard veterinary or boarding lien,25 cost-of-care
liens set out a process allowing the custodial agency to foreclose on a
seized animal they have been providing care to. This involves the
agency providing the defendant with notice that if they fail to pay for
care costs by a certain date the animal will be eligible to be foreclosed
upon. Should the defendant not have paid care costs by that date, the
agency may begin legal foreclosure proceedings – the result of which is
typically either ownership of the animal being transferred to the
custodial agency, or the animal being sold at public auction, with
proceeds going to the custodial agency.26 The process of foreclosing on
a cost-of-care lien is civil and operates separately from the resolution of
the defendant's criminal case. See Appendices B and C for checklists
and templates for animal lien foreclosure.
15.12 Conclusion
The question we began this chapter with was “after you have seized the
animal in a cruelty case, what do you do with that animal?” In any given
case, the answer may slot neatly into one of the options discussed here,
or the best approach may be to pursue several of those options at once,
or to consider a solution that combines elements of these approaches.
Regardless, the fundamental goal remains the same: ensuring that
seized animals receive necessary care and treatment, that costs for that
care and treatment are fairly borne, and that there is clarity regarding
the animal's ownership. Keeping these fundamentals in mind will help
ensure an animal-forward approach to resolving these issues – both
improving outcomes for the animal victims in current cases, and also
reducing barriers for future case response.
References
1 Revised Code of Washington Annotated, title 16, chapter 16.30, ss
16.30.010, 16.30.020, 16.30.030 2007 (WA).
2 Revised Code of Washington Annotated, title 16, chapter 16.30, s
16.30.020 2007 (WA).
3 Animal Legal Defense Fund. (2020). 2020 U.S. state animal protection
laws rankings. https://aldf.org/project/us-state-rankings. (accessed
30 May 2021).
4 Oregon Revised Statutes Annotated, title 16, chapter 167, s 167.347
2018 (OR).
5 State vs. Branstetter, 181 Or. App. 57, 63, (2002).
6 State vs. Branstetter, 181 Or. App. 57, 64, (2002).
7 People vs. Koy, 13 N.E.3d 1267, (2014).
8 City of Lebanon vs. Milburn, 398 P.3d 486, (2017).
Notes
1 In the interests of clarity, throughout this chapter I will use “victim of
crime” to refer to someone who has been harmed by a criminal act in
a fairly direct fashion, whether or not they qualify as a crime victim
under a given jurisdiction's law. Conversely, I will use “crime victim”
to refer to someone who meets a given jurisdiction's requirements to
have legal status as a crime victim. In contexts where the distinction
between the two is inconsequential, I will simply use “victim.” So, for
example, an animal who has been criminally neglected or abused is a
victim of animal cruelty – but may nor may not be a crime victim,
depending on the jurisdiction where the case is being heard, and
what issues are being litigated. Cf. State vs. Nix, 355 Or. 777, (2014);
People vs. Harris, 405 P.3d 361, (2016).
2 Throughout this chapter I assume that the animals in question have
been seized pursuant to a search warrant or other reasonable
circumstances – that the seizure is, in other words, valid. For factors
underlying validity of seizure, warrant drafting tips, or issues
implicated by a warrantless seizure, please see Chapter 9.
3 See Chiesa, L. (2008). Why is it a crime to stomp a gold ish? – Harm,
victimhood, and the structure of anti-cruelty offenses. Mississippi
Law J. 78: 1 (discussing the development of modern cruelty law and
its aims).
4 See, e.g., Annotated California Codes, Penal Code, Pt 1, title 14, S 599d
1998 (CA). (“It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home… It is
the policy of the state that no treatable animal should be
euthanized.”)
5 The author remains dubious that any such jurisdiction exists in
practice.
6 Owners who are unable to meet their minimum obligation to their
animals – or who simply decide that they are no longer interested in
the responsibilities that come with animal ownership – have the
option of surrendering the animal, selling the animal, or otherwise
giving the animal to someone who is willing to meet the minimum
obligations of animal ownership.
7 King vs. Montgomery Cty., Tennessee, 797 F. App'x 949, 956, (2020)
(“Property voluntarily surrendered … is not ‘seized' within the
meaning of the Fourth Amendment when recovered by law
enforcement… Because the dogs at issue here were surrendered to
MCAC … they were not unreasonably seized for Fourth Amendment
purposes.”) (citations omitted).
8 Assuming there are no other people who have a property interest in
the animal. Voluntary relinquishment amounts to the person
surrendering the animal giving up their claim – if there are others
who have an ownership stake in the animal, their stakes will need to
be addressed separately.
9 Note, while the surrendered animal becoming property of the
custodial agency provides the agency with authority to decide on
animal disposition, this decision should be made in consultation
with law enforcement and prosecutors, as there may be additional
factors at play (such as having access to the animal for evidentiary
exam purposes).
10 Primates: e.g. Alaska Administrative Code, title 5, Pt 3, chapter 92,
article 3, SS 92.029(a)–(b) 1985 (AK); California Fish and Game
Code, article 7, chapter 2, s 2118(b) 2004 (CA); Colorado Revised
Statutes Annotated, title 35, article 80, s 35-80-108(j) (II) (A) 2014
(CO); Connecticut General Statutes Annotated, title 26, chapter 490,
Pt III, ss 26-40a(a)–(b) 2013 (CT); Annotated Code of Maryland, title
10, subtitle 6, s 10-621(b) (1) (vii) 2014 (MD); Massachusetts
General Laws Annotated, Pt I, title XIX, chapter 131A, s 2 (2010).
Great cats: e.g. Haw. Code R. S 4-71-6 (LexisNexis 2019); Louisiana
Administrative Code, title 76, Pt V, chapter 1, s 115(C) (1) 2006 (LA);
Oregon Revised Statutes Annotated, title 48, chapter 609, SS
609.305(2), 609.319 2010 (OR); Revised Code of Washington
Annotated, title 16, chapter 16.30, SS 16.30.010, 16.30.030 2007
(WA).
11 See Annotated California Codes, Penal Code, Pt 1, title 14, s 597j
2006 (CA), making it illegal for a person to, inter alia, own or possess
birds intended to be used in ighting.
12 Allen vs. Pennsylvania Soc. for Prevention of Cruelty to Animals, 488 F.
Supp. 2d 450, 457, (2007). quoting a nonprecedential Pennsylvania
Superior Court ruling concerning a Rule 588 decision regarding
horses seized pursuant to allegations of neglect: “we conclude that
the animals seized did, in fact, constitute derivative contraband, in
that they were the subject of an unlawful act under 18 Pa.C.S.A. §
5511(c).”
13 See, e.g. Commonwealth vs. Kuhns, WL 5869451, (2016). “While the
trial court noted that there was no proof about how the puppy was
injured, preventing Appellant's conviction for maiming or torturing
or dis iguring the animal … [there] was suf icient proof to support
the trial court's conclusion that Appellant wantonly failed to seek
immediate, and necessary, veterinary care for the pit bull
[constituting unlawful neglect under state law]… Consequently,
there was a suf icient nexus between the dog and Appellant's
transgression so as to render the dog derivative contraband.” See
also Brief of Amicus Curiae Animal Legal Defense Fund in Opposition
to Appellant's Motion for Return of Property, Commonwealth vs.
Kuhns, WL 5869451, (2016) setting forth in greater detail
application of derivative contraband theory to an animal subject to
unlawful cruelty.
14 The phrase “preconviction forfeiture statute” does not imply any
predicted outcome for the defendant's criminal trial. Rather, the
language refers to the reality that these laws can be invoked at any
stage of a case between the point of seizure and a verdict (or plea).
As such, other descriptive phrases would be inaccurate: “postseizure
forfeiture” fails to acknowledge that these proceedings must
generally take place before the criminal case, and “pretrial
forfeiture” obfuscates the fact that these proceedings can run
concurrent with the trial itself.
15 See, e.g. State vs. Tarnavsky, 84 Wash. App. 1056, (1996). “The
imposition of a remedial civil sanction is not punishment for
purposes of double jeopardy. The Legislature's use of preponderance
of the evidence as the applicable burden of proof indicates its intent
that the forfeiture of abused animals is a civil action. The provision
for forfeiture, based on death of any of the animals, prior conviction
of the person convicted of animal cruelty, or upon inding cruel
treatment is likely to reoccur, demonstrates the remedial purpose of
the forfeiture, namely, to protect the animals. The forfeiture
provisions of the animal cruelty statutes do not violate double
jeopardy.”
16 This sort of approach is particularly appropriate where the
jurisdiction's forfeiture process puts the onus of requesting a
hearing upon the owner-defendant.
17 Bond-or-forfeit statutes can be found in Alaska, Arizona, Arkansas,
Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana,
Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska, New Hampshire (for
appeals), New Mexico, New York, North Carolina, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, Tennessee, Texas (for appeals),
Virginia, Washington, West Virginia, Wisconsin, and Wyoming (for
cases involving livestock).
18 See Revised Code of Washington Annotated, title 16, chapter 16.52,
16.52.085 (4) 2020 (WA). “The agency having custody of the animal
may euthanize the animal or may ind a responsible person to adopt
the animal not less than ifteen business days after the animal is
taken into custody. A custodial agency may euthanize severely
injured, diseased, or suffering animals at any time. An owner may
prevent the animal's destruction or adoption by [initiating the bond-
or-forfeit process] * * *.”
19 Note, should the cost-of-care bond run out, the court may either
order the bond extended or the animal is forfeited to the custodial
agency. Revised Code of Washington Annotated, title 16, chapter
16.52, 16.52.085 (4) 2020 (WA).
20 Revised Code of Washington Annotated, title 16, chapter 16.52,
16.52.085 (6) 2020 (WA). Speci ically, “[T]he burden is on the owner
to prove by a preponderance of the evidence that the animal will not
suffer future neglect or abuse and is not in need of being restored to
health.” Given that Washington does not de ine speci ic crimes of
“neglect” or “abuse,” this is best read as encompassing the scope of
conduct prohibited by Washington title 16, chapter 52, e.g. animal
cruelty, animal ighting, animal sexual assault, etc
21 See, e.g. People vs. Koy, 13 N.E.3d 1267, 1267, (2014). “Koy has not
demonstrated why the forfeiture of the horses under section 3.04(a)
was a punishment that resulted from a criminal proceeding. Because
the forfeiture proceeding was civil, the sixth amendment was not
implicated * * *.” See also State vs. Tarnavsky, 84 Wash. App. 1056,
(1996). “[T]he overriding purpose of the statute is remedial
protection of the animals. A ine cannot be excessive for Eighth
Amendment purposes if it serves a purely remedial purpose. A
forfeiture which serves primarily to protect abused animals from
further abuse by a person convicted of having abused them is
likewise not excessive.”
22 To the extent that these arguments may be raised against
preconviction forfeiture laws more broadly, many of the answers
here remain applicable.
23 See, e.g. State vs. Tarnavsky, 84 Wash. App. 1056, (1996). “[W]e hold
that a hearing on the forfeiture of companion animals before trial,
pursuant to section 3.04(a) of the Act, is not a criminal proceeding
and therefore does not implicate the sixth amendment right to a jury
trial.”
24 See People vs. Koy, 13 N.E.3d 1267, (2014). “Every sanction, civil or
otherwise, produces some punitive effect.”
25 Indeed, in some scenarios a standard veterinary or animal boarding
lien may serve the same function as a more speci ic lien focused on
animals seized in the course of a criminal case.
26 Should the animal be auctioned for an amount greater than care
costs, the left-over money is returned to the defendant.
16
Trial
Jake Kamins
If you investigate animal cruelty, there is a decent chance that you will
have to testify in a trial. You have probably seen Law & Order, Ally
McBeal, Perry Mason, or similar shows. Imagining a trial may conjure
images of impeccably dressed attorneys calling surprise witnesses and
vigorously cross-examining them, cracking their case wide open in
front of an impressed jury (also, for some reason the judge always says,
“I'll allow it … but watch yourself, Counselor” after objections).
Trials are not really like that (for one thing, our suits are not that well-
tailored). Trials are a formal legal process with complex rules,
traditions, and nuance. By design, drama in trials is minimized.
Everything must be prepared and presented properly, or everybody's
time and effort could end up wasted.
Here is a jury instruction given in every criminal trial in Oregon:
“Generally, the testimony of any witness whom you believe is suf icient
to prove any fact in dispute.” If you are a witness, your testimony may
prove to be the key piece in proving the prosecution's case.
When you ind yourself involved in a trial, it is critical to take the
process seriously and prepare in advance for your part.
This chapter is designed for nonattorneys involved in animal cruelty
investigations, to give an idea of how the legal system brings cases to –
and through – trial. There are also some tips for prosecutors in animal
cruelty cases at the end of the chapter.
16.1 Trials: An Overview

A trial in the criminal justice system is the process by which a
prosecutor attempts to prove beyond a reasonable doubt that a
defendant committed a crime and to hold them accountable, while at
the same time, a defense attorney ights for their client's rights and
freedom.
The long road to trial starts when an investigator presents reports and
evidence to a prosecutor, who must then determine whether and how
to bring charges. If criminal charges are brought, the defendant is
informed of the charges, and they get a defense attorney.
Next, the prosecutor and defense attorney attempt to negotiate a plea
bargain. If negotiation fails, trial is the only remaining option for
holding a criminal defendant accountable.
The trial itself is preceded by pretrial matters, where questions of
evidence, law, and court procedure are decided by a judge. A jury will
then be selected to decide the facts of the case, unless the defendant
requests the judge decide the facts rather than a jury.
The actual trial begins with the prosecutor and the defense attorney
making opening statements that outline what they believe the evidence
will show. The prosecutor then presents witnesses and other evidence.
Since the prosecution must prove the case, they put on their case irst
(their “case-in-chief”).
Next, the defendant has an opportunity to present their case. After the
defendant's case, the prosecution typically will be allowed to put on a
“rebuttal case,” responding to evidence from the defendant's case.
Once both sides are done presenting their cases and making legal
motions, both attorneys make closing arguments, asking the fact inder
to rule in their favor. If there is a jury, the judge gives them instructions
about the rules governing their deliberations and verdict. If the
defendant is found guilty, the defendant is sentenced. Posttrial, a
convicted defendant may ile an appeal.
This is a simpli ied outline. Many other things can happen during a
criminal trial, including motions, rulings, appeals, and other delays. The
entire process can take hours, days, weeks, or even months. If you
include the investigation, negotiations period, and the posttrial appeals
process, a case can easily take years to resolve. If you are involved in
this process, even tangentially, it is important to understand how it
works, so that you can be best prepared to assist in any way you can.
16.2 The Players
A trial has many participants, each with a speci ic role to play. Most of
these participants will have signi icant trial experience. If you are
involved in a trial, it is vital to familiarize yourself with how these roles
interact, so you know what is going on and understand the basic “chain
of command” in a courtroom.
16.2.1 The Prosecutor

The great joy of being a prosecutor is that you don't take whatever
case walks in the door. You evaluate the case; you make your best
judgment. You only go forward if you believe that the defendant is
guilty.
Merrick Garland, at his con irmation hearing to the US Court of Appeals for the District of
Columbia
A prosecutor is the attorney who represents the government in a

criminal trial. Trial prosecutors are typically deputies or assistants of
an elected or appointed of icial: A county District Attorney, a United
States Attorney, the state Attorney General, etc. The jurisdiction a
prosecutor represents is used as shorthand for the prosecutor's “side”
in a trial: “The State alleges,” or “The Commonwealth will prove…”
Although the details of trials vary from jurisdiction to jurisdiction, there
will always be a government represented on the prosecution side.
Prosecutors are familiar with criminal law and local court procedures.
They can be invaluable resources for people who are not typically
involved in the court system. When seeking advice from a prosecutor,
do not take it personally if they are brusque. They are typically busy,
with many other cases on their docket, and they are not allowed to give
legal advice to people and agencies they do not represent.
Unfortunately, there are a few things that make most prosecutors
imperfect its for animal cruelty cases. First, with few exceptions,
prosecutors handle a variety of criminal cases. The same prosecutor
who had a domestic violence trial last week may be prosecuting your
animal cruelty case today. Since animal cruelty is such a dif icult crime
to spot, investigate, and prosecute, most prosecutors will have
signi icantly less experience with these offenses than with, for example,
drunk driving cases.
To make things worse, prosecutors are often seen by court systems as
fungible. If one prosecutor is not available on the day of trial, that will
not be seen by judges as a reason to set the trial over to a new date.
Therefore, you may end up in trial with a prosecutor who is less
familiar with your case's facts than you would like (as an attorney who
has been handed a case ile and given 10 minutes to prepare for jury
selection: they are not thrilled about it either!).
Take these challenges as opportunities. Offer your assistance to
prosecutors in understanding animal cruelty generally and the facts of
your case speci ically. The average prosecutor does not know what
body condition score is, how to read an animal's blood panel, or the tell-
tale signs of an animal ighting ring. Reach out to their of ices and offer
to train them or answer any questions they have about your
investigation.
16.2.2 The Judge

Judges and Justices are servants of the law, not the other way
around. Judges are like umpires. Umpires don't make the rules, they
apply them. The role of an umpire and a judge is critical. They make
sure everybody plays by the rules, but it is a limited role. Nobody
ever went to a ball game to see the umpire.
John G. Roberts, Jr., at his con irmation hearing for Chief Justice of the United States
In criminal trials, judges are gatekeepers of evidence, deciding what the

jury is allowed to see and hear. This work is done both pretrial, through
deciding on motions, and in the middle of trial, through ruling on
objections raised by the attorneys. Judges also instruct the jury on how
they are to consider evidence and reach their verdict. In many
jurisdictions, sentencing is left to the judge's discretion.
Like prosecutors and defense attorneys, it is likely that you will have a
judge that is less educated on animal cruelty than other areas of law. Do
not be surprised or frustrated by incorrect references (calling neglect
charges “animal abuse” is many judges' favorite thing to do) or lack of
knowledge of the statutes and case law. Be patient and establish
yourself through your presentation as the subject matter expert in the
room.
The most important thing to know is that the judge is in control of the
courtroom. When they talk, listen. When they instruct, obey. Be
unfailingly polite and deferential. Even though they may not be the
ultimate decider in the case, judges have power to in luence the way a
case goes. Nothing will make your case go sideways faster than a judge
deciding that a prosecution witness is not heeding them.
16.2.3 The Fact Finder

Twelve people go off into a room. Twelve different minds, twelve
different hearts and twelve different walks of life. Twelve sets of
eyes, ears, shapes and sizes and these twelve people are asked to
judge another human being as different from them as they are from
each other and in their judgment, they must become of one mind.
Unanimous. That's one of the miracles of man's disorganized soul
that they can do it and most instances, do it right well. God bless
juries.
Anatomy of a Murder
Deciding what happened (“fact inding”) is usually the province of the

jury, a group of individuals from the community chosen to hear the
facts of the case and decide whether the prosecution has met its burden
(a defendant may waive the right to have a jury, in which case the judge
will serve as the fact inder). When dealing with animal cruelty in front
of a jury, it is critical to understand how animal cruelty is seen and felt
in the community.
Potential jurors from more rural areas may see their relationship to
animals differently than those in more urban areas. I have prosecuted
animal cruelty cases in both rural and urban communities, and have
found that no matter where they live, jurors tend to be irmly on the
side of justice against animal cruelty. However, that dedication
manifests differently in communities that rely on agriculture for their
livelihood versus communities that mostly see animals as cute and
furry life companions.
One dismaying trend is people trying to “get out of” jury duty. Serving
on juries is a rare duty and a privilege, one that can give a person
insight into how their fellow community members evaluate information
and come to a decision. If you are in a position where you may end up
testifying in trial, I can think of few better prep opportunities than
sitting as a juror yourself.
16.2.4 The Defendant

No person … shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without
due process of law.
Amendment V, The US Bill of Rights
The defendant in a criminal trial is the person accused by the

prosecution of having committed a crime. During the trial, a defendant
has a relatively limited role. They sit with their attorney and may or
may not testify on their own behalf. If they are convicted, a defendant
will have a right to make a statement to the court prior to sentencing
(Box 16.1).
16.2.5 The Defense Attorney

Uh . . . Everything that guy just said is bullshit. Thank you.
Vinny Gambini's entire opening statement in State of Alabama vs. Gambini and
Rothenstein, My Cousin Vinny
A defense attorney represents a defendant in trial (defendants have a

constitutional right to defend themselves, but they must be aware of –
and acknowledge – the signi icant risks that come along with self-
representation). If a defendant cannot afford an attorney, the court will
appoint an attorney to defend them.
It is a defense attorney's job to get the best outcome possible for their
client. They can do this by casting doubt on the prosecution's case;
either through vigorous cross-examination of prosecution witnesses
(including you), or by presenting defense witnesses and evidence.
Remember though, that since the burden of proof is entirely on the
prosecution, the fact inder cannot hold silence on the part of the
defense attorney against the defendant.
Defense attorneys can seem cold or indifferent to the suffering of
animal victims of neglect and abuse. They may come off as hostile to
you and the important work you do investigating these crimes. Keep in
mind that defense attorneys are doing their job, a vital piece of the
criminal justice puzzle that keeps everybody (not just individual
defendants) safe from potential government overreach. In many cases,
defense attorneys do not choose their clients, and a personal distaste
for something like animal cruelty does not mean that an ethical defense
attorney will give their client anything less than a zealous defense.
Box 16.1 Sidebar
Defendants' Rights
The criminal justice system puts defendants in a dif icult position.
They have been publicly accused by the government of committing
a crime. The accusation itself is often enough for the average social
media consumer to declare them guilty (this is particularly true in
animal cruelty cases, where reactions in the “comments” typically
range from calls for inhumane punishments to calls for summary
execution). Even stalwart friends and family members may turn
their backs on an accused person.
Defendants did not choose to be investigated, arrested, and
prosecuted. They are often caught off-guard by the process, which
can involve the seizure of their money and property. They may even
be jailed pending trial. All of this hampers a defendant's ability to
defend themselves and puts them at a signi icant disadvantage right
away.
Regardless of how the case ultimately turns out, defendants face
punishments ranging from ines to probation requirements, loss of
money or property, and incarceration. Those punishments dangling
over a person's head can take a toll. If they choose to ight the
charges, trials take time, energy, and often signi icant amounts of
money to defend. And, most important of all, a defendant may have
a legitimate defense or be innocent of the crime altogether.
Given these disadvantages built into the process, many of the laws
and rules governing criminal trials are designed to help defendants
ight back. These are just a few of the rights that defendants have in
a criminal trial:
Defendants are innocent until proven guilty. This is not just a

slogan but a bedrock principle of our criminal justice system.
The fact that the government has brought charges is not
evidence of guilt. The prosecution must prove that the
defendant committed the charged crime, in the way the
prosecutor said they did it, beyond a reasonable doubt.
Defendants have the right to be represented by an attorney,
regardless of their ability to afford one. Their attorney may
cross-examine prosecution witnesses and may call their own
witnesses to testify.
Defendants have an absolute right to testify or not testify on
their own behalf. If they choose not to testify, they can have the
jury instructed that they are not to hold their decision not to
testify against them in reaching their verdict.
If these rights are violated, (or the prosecution fails to prove their
case beyond a reasonable doubt) the prosecution may lose. It can be
extremely frustrating when pretrial rulings do not go your way, or a
defendant “gets off on a technicality,” or a case ends in acquittal.
However, these outcomes can be learning experiences, and are a
vital part of protecting a fair system for everybody.
Also remember: when prosecution witnesses are openly hostile or

dismissive of defense attorneys, that helps them win. That kind of
behavior will make the judge and jury think that you have an agenda.
Kill them with kindness, and the jury will see that you are not “out to
get” anybody.
16.2.6 The Witnesses

And now, my star witness – Shep, the Wonder Dog1 – will spell out
the clue that will convict this defendant!
Mr. District Attorney, Issue 53 of the Mr. District Attorney comic book
A witness is a person who – through processes called examination and

cross-examination – tells the fact inder what they know about the case.
In animal cruelty cases, the prosecution is always at a disadvantage in
that their star witness – the animal victim – cannot testify.
Most witnesses in a criminal trial testify based only on their personal
observations of the facts of the case. These are “fact witnesses.” Fact
witnesses are typically prohibited from testifying about information
they got from somebody else (hearsay), their own personal opinions,
and speculation. In animal cruelty cases, examples of fact witnesses
include neighbors, friends, family members, and investigators. They
may not be allowed to testify to an ultimate legal conclusion (“This dog
was neglected”), but they can share what they saw/heard/smelled,
letting the fact inder put those pieces together.
There are also “expert witnesses.” These are witnesses who can
demonstrate to the court that they have suf icient expertise in a
particular ield. This allows them to testify to their opinions, answer
hypothetical questions, and speculate about information they did not
themselves observe. A witness can be both a “fact witness” and an
“expert witness,” such as a veterinarian who personally treated an
animal in a neglect case.
(See more about witnesses in Sections 16.5.2 and 16.6.3.)
16.2.7 The Burden of Proof

Reasonable doubt is doubt based on common sense and reason.
Reasonable doubt means an honest uncertainty as to the guilt of the
defendant.
Oregon Uniform Criminal Jury Instruction 1001, “Introduction”
The burden of proof is a concept, not a person. Nevertheless, it plays a

huge part in every criminal trial. It tells the fact inder how sure they
must be to ind the defendant guilty. In the US legal system, there are
two main burdens of proof. In a civil trial (when somebody is suing
somebody else) or in a trial about a traf ic or other noncriminal
violation, the burden of proof is typically “a preponderance of the
evidence.” In these cases, a fact is proved if one side shows that – more
likely than not – it happened.
In a criminal trial, the burden of proof is “beyond a reasonable doubt.”
This is the highest burden of proof in the American court system. The
fact inder can only vote guilty if they are left with no reasonable doubt
that the defendant did what the prosecutor said he did. If they have any
reasonable doubts, the fact inder must vote not guilty.
This burden is entirely on the prosecution. So how do we meet it?
Through conducting con ident and competent investigations and
presenting testimony and other evidence re lecting the strength of
those investigations and the facts they uncovered.
16.3 How a Typical Criminal Case Gets to

Trial
Here is a simpli ied outline of the steps that precede trial (Box 16.2).
Box 16.2 Case Flow Chart
How a Typical Criminal Case Gets to Trial
1. Complaint.
A complainant contacts a law enforcement or animal services
agency with a report of animal neglect or abuse. The details of
the report are forwarded to the appropriate agency, which
begins an investigation.
2. Investigation.
An investigator with the agency reviews the complaint and
gathers additional evidence, which may include speaking to
the complainant/other witnesses, requesting/reviewing
documents and other evidence, and interviewing suspects.
The investigator then writes reports about all the information
they have collected. If they have established probable cause to
believe a crime has been committed, they may arrest or cite
suspects. The reports are then sent to the prosecutor.
3. Review by prosecutor.
A prosecutor (see Section 16.2.1) reviews the reports to
determine what, if any, criminal charges are appropriate.
4. a. Declined for prosecution.
There is either a legal, factual, or policy-based reason why
the case will not be prosecuted. Typically, prosecutors
will write a memo explaining this decision to the
investigator.
b. Returned for further investigation.
Additional information is needed (evidence, witness
statements, etc.) before going forward. The case will be
returned to the investigator for further investigation.
c. Defendant is charged with a crime.
i. Information
Misdemeanor-level crimes can typically proceed with
a simple charging instrument called an “Information.”
These documents set forth the charges and are
sworn by the prosecutor. No additional review is
required. The reports establish probable cause that a
crime occurred. Further investigation is not needed
to begin prosecution.
ii. Indictment (grand jury or preliminary hearing)
For felony-level crimes, prosecutors are required to
bring the charges through an additional process to
determine that there is suf icient evidence. First, they
list the charges, in a document called an indictment.
Then they must present the indictment to a grand
jury, a group of individuals from the community who
meet and hear evidence to decide this issue. In some
circumstances, the prosecutor may have to present
evidence to a judge in a preliminary hearing to obtain
an indictment.
5. Initial appearance.
Now that charges have been iled, the defendant is told what
the charges are against them. They are given the opportunity
to hire a defense attorney, or to apply for a court-appointed
defense attorney if they are indigent. In many jurisdictions, a
“not guilty” plea is entered at this time. If a defendant is going
to remain out of jail pending trial (very common in animal
cruelty cases), release conditions are established. In animal
cruelty cases, requested release conditions can include:
Restrictions on the defendant's ability to possess and
control animals.
Restrictions on buying and selling animals.
No contact orders with abused animals and their owners.
If a defendant violates these release conditions, they run the
risk of being put in jail pending trial.
6. Discovery.
The prosecution divulges all reports, evidence, and statements
from witnesses in their possession to the defense. Prosecutors
– and all persons involved in prosecution – have
constitutional, statutory, and ethical obligations to ensure that
no discoverable information (good or bad) is hidden or
otherwise kept from the defense.
If you are involved in creating this material, it is essential that
you ensure that the prosecution has accurate, up-to-date
information as soon as it becomes available.
Note: There also are (limited) discovery obligations on the
defense attorney as well.
7. Plea bargain negotiation.
The attorneys for the prosecution and defense negotiate to try
to resolve the case without a trial. Negotiated resolutions
consider several factors:
The severity of the underlying crime
The defendant's criminal history
Aggravating factors
Mitigating factors
How other, similarly situated defendants were treated
Most criminal cases resolve with a defendant agreeing to
change their plea on one or more charges from “not guilty” to
“guilty” or “no contest,” in exchange for the prosecutor
agreeing to dismiss other charges and/or recommend a
speci ic sentence.
8. a. Deferred sentencing/diversion.
A deferred sentencing or diversion is a resolution to a
criminal case where a defendant makes certain admission
or pleas to the court, but the court does not enter them as
a matter of record. Instead, the defendant is ordered to
comply with conditions (e.g. paying restitution or costs of
care, surrendering animals, agreeing not to possess
animals, taking an animal welfare class) for a certain
period.
If the defendant successfully completes the conditions,
the case is dismissed without conviction. If they do not,
they can be convicted and sentenced.
b. Guilty/no contest plea and sentencing.
The defendant appears in front of the judge to change
their plea and be sentenced. Before a judge accepts a plea,
they will ask questions of the defendant and the defense
attorney to make sure their plea is knowing, intelligent,
and voluntary.
Sentencing can be negotiated in advance, or the attorneys
may argue what the appropriate sentence will be (this is
called open sentencing). Most animal cruelty cases with a
plea end with the defendant on probation. So, one of the
main areas of disagreement will be what the conditions of
that probation will be. Standard conditions of probation
include:
Some form of supervision
Obeying all laws
Engaging in full-time work or school
Keeping the court noti ied of address changes
Special conditions of probation in animal cruelty
cases may include
Jail time
Community service
Paying restitution and/or costs of care
Forfeiture of abused/neglected animals
No possession of (some or all) animals
Enrolling in and completing an animal welfare class
16.4 Pretrial Matters

16.4.1 Motions
Before the trial begins, the prosecutor and defense attorney may bring
motions asking the judge to make legal rulings on how the trial will
proceed. Investigators are often called as witnesses for hearings on
these motions. If you are called to testify, it is important to know what
topics will be covered in advance, so you can prepare.
A few examples of these motions:
16.4.1.1 Motions Related to Release Conditions

Depending on how serious a crime is alleged and how dangerous a
defendant is considered to be, the court may order the defendant to be
held in jail pending trial. If not, the court may impose release conditions
designed to prevent further harm while a case heads to a resolution.
These conditions usually have to do with staying in the jurisdiction,
reporting to a pretrial release agency, and having no contact with
victims and co-defendants. If a defendant is accused of animal cruelty,
they may be ordered not to possess animals.
16.4.1.2 Motion to Forfeit/Return Seized Property

The prosecution (especially in animal cruelty cases) may wish to get a
pretrial ruling forfeiting seized evidence (including the animal victim).
Conversely, a defendant (or another party) whose property was seized
may ile a motion demanding the return of that property (see Chapter
15 for more on this topic).
16.4.1.3 Demurrer/Motion to Dismiss

The defense may argue either that the charges as stated in the charging
instrument are insuf icient or unlawful. If this motion is granted, the
case may be over, or it may just need to be brought in a different
manner.
16.4.1.4 Motion for Change of Venue

This is an attempt by the defense attorney to move the trial from one
jurisdiction to another, typically because of local media attention
resulting in an unfair jury pool (see Section 14.1.4 Risks in Media
Coverage).
16.4.1.5 Motion to Exclude/Sequester Witnesses

This is a common motion to keep subpoenaed witnesses out of the
courtroom while the trial is being heard, and to keep them from
discussing the case while the trial is ongoing. Expect to be excluded
from the courtroom and unable to watch the trial if you are a witness.
Expert witnesses (those with special training/education) are often
exempt from the motion to exclude since they may analyze and respond
to evidence they did not witness.
16.4.1.6 Motion in Limine/Motion to Suppress

All evidence presented to a fact inder in a criminal trial must be
admissible according to complex rules of evidence. In many cases, the
prosecutor and/or the defense attorney know that the other side wants
to present evidence that they think may violate these rules. They use
these motions to keep this evidence out.
Most often, a motion to suppress evidence is brought because the
defense attorney believes that certain evidence was obtained illegally
by the police. When police obtain evidence illegally, the law often
requires that the evidence be kept out of trial.
If you are a witness, you may not be allowed to testify about some
evidence due to these motions. Mentioning suppressed evidence in
front of a jury, even inadvertently, can result in a mistrial or a complete
dismissal of the case.
16.4.2 Jury Selection
Through a process called voir dire, the prosecution and defense
attorneys question prospective jurors to attempt to seat a fair jury. Both
sides can ask the judge to strike jurors “for cause,” meaning that they
believe that the juror cannot be fair. Additionally, each side may use a
set number of “peremptory strikes,” keeping prospective jurors off of
the jury for (almost) any reason.
16.5 The Trial

We have reached the main event. The rules are established, and
everybody (hopefully!) knows their part. If you are not accustomed to
this process, I always recommend carving out a few hours to watch a
trial you are not involved in. Most trials are open to the public; you can
just walk into a courtroom and watch. Watching a real-life trial is the
best way to understand the rules and rhythms of the system (Box 16.3).
16.5.1 Opening Statements

Both the prosecutor and the defense attorney have an opportunity to
tell the fact inder how they believe the evidence will play out. If the
attorneys seem subdued compared to what you are used to on
television, remember that these are opening statements, as opposed to
closing arguments. Attorneys are not supposed to argue their case in
opening.
Box 16.3 Sidebar
Coming to Court: Behavior and Demeanor

If you are subpoenaed you should check in with the attorney a day
or two before the court date to make sure your appearance is still
on the schedule (court hearings and trials get set over or canceled
all the time, due to more urgent matters, plea bargains, global
pandemics, etc.). The attorney may also narrow down the time of
your appearance so you are not waiting around all day to testify.
Dress professionally. If you are an of icer or agent of the
government, you should wear your uniform. Veterinarians and
veterinary technicians should avoid showing up to trial in scrubs.
As soon as you are in sight of the courthouse, behave as if
everything you say and do will be played back in court. The other
people in and around the courthouse may be jurors, reporters,
judges, defense attorneys, defense witnesses, or defense
investigators.
Do not talk to the other witnesses about the case. Do not roll your
eyes at defendants or give any impression that you are bored or
annoyed with the proceedings.
Trials are unpredictable and can be an exercise in “hurry up and
wait.” Bring work you can do or a book or electronic device to
occupy your time (don't forget your chargers!).
16.5.2 Presentation of Evidence

Evidence comes in two forms: testimony from witnesses and physical
items, such as photos, videos, records, and other objects. Since it bears
the burden of proof, the prosecution presents its evidence irst. Then
the defense presents its case (if it chooses to). If the defense has put on
a case, the prosecution may put on a rebuttal case, responding to the
evidence in the defense case.
Most of evidence is testimony from witnesses. Testimony is not like
what you have seen on television. It is not like casual conversation, or
even like any other kind of question-and-answer situation. Testifying in
court is a skill, and just like any skill, the only way to become good at it
is to practice and prepare. Before the day of trial, reread your reports
and study any pictures, videos, or diagrams you have. Make a friend or
co-worker quiz you on your reports. Practice making eye contact,
sitting up con idently, and speaking loudly and clearly (Box 16.4).
16.5.3 Motion for a Judgment of Acquittal

When the prosecution inishes presenting its case, the defense may
move for a judgment of acquittal, arguing that the prosecutor did not
present enough evidence for any reasonable fact inder to convict. If the
judge grants the motion, the case is dismissed. This decision is not
appealable.
16.5.4 Closing Arguments

After both parties have completed presenting their evidence, the
attorneys for the prosecution and the defense have an opportunity to
argue their case to the fact inder. At this point, all witnesses will have
been released, so if you were a witness, this may be your only chance to
go into the courtroom and watch (here is also where you will see the
attorneys' theater-kid backgrounds come out).
16.5.5 The Verdict

The judge will announce the jury's verdict (another thing television
gets wrong!). Here is another opportunity to show your self-control and
professionalism. Do not show emotion at the verdict, no matter how
excited or disappointed you may be.
16.5.6 Sentencing
If a defendant is convicted on some or all charges, they will be
sentenced. Sentencing may take place right away, or it may be set over
for days or weeks. In most cases, judges will decide what the sentence
is, although they may get input from the jury, or they may order what is
called a “presentencing investigation.”
Criminal sentencing typically is based on a combination of the
seriousness of the underlying offense and the individual defendant's
criminal history. The judge may consider aggravating and mitigating
factors.
In an animal cruelty case, sentencing may include an order that the
defendant pay restitution and/or costs of care for abused or neglected
animals. Testimony from a representative of the animal care agency
may be needed to establish those costs.
Box 16.4 Tips
More Tips For Testifying
The Golden Rule: Tell The Truth!

All witnesses take the same oath: To tell the truth, the whole truth,
and nothing but the truth. If you are a witness, you must take this
oath seriously. This is not only to protect yourself, but also to
protect the case, the prosecutor, and every agency involved in the
case.
What could go wrong if you lie under oath:
1. Personal consequences if you lie under oath.

a. Lying under oath is a crime, so you may be prosecuted.
Depending on the context, it could even be a felony,
carrying a potential prison sentence.
b. Even if you are not charged with a crime, the fact that you
have lied under oath means your credibility will be forever
called into question, both in court and out.
c. You may lose any professional certi ications you have.
d. If your agency regularly depends on you to provide
testimony, or simply believes that you can no longer be
trusted, you could be ired for cause.
e. With this sort of mark against you, inding other work
could be dif icult or impossible (try to think of a job for
which you would feel comfortable hiring a proven liar!).
2. Case consequences if a prosecution witness lies under oath.
a. The case may be declared a mistrial, meaning the entire
process would need to start over.
b. If a mistrial is declared, the case may be dismissed with
prejudice (meaning that the case would be completely
over).
c. Convictions obtained and sentences imposed based on
false testimony may be thrown out.
d. If animals have been seized and rehomed as part of a case,
a dismissal could mean that victimized animals must be
given back to the alleged abuser/neglecter.
3. Agency consequences if an agency employee lies under oath.
a. The agency will come under public scrutiny. Media and
social media criticism will follow.
b. Agencies can have their public safety certi ication pulled,
possibly permanently. If they can reapply, they may be
required to undergo training prior to getting recerti ied.
c. Other agencies may be hesitant to work with the tainted
agency. This could result in cases not being pursued.
d. The defendant in the underlying case may be able to sue
the agency for damage to their reputation, or deprivation
of their rights and their property. A valid lawsuit can easily
bankrupt an agency.
The Three Answers

Testifying in a trial can be nerve wracking. It combines two of our
biggest fears: public speaking and test-taking. It may help you to
remember three answers that you can always give (as long as they
are true; see “The Golden Rule”).
1. “I don't know.” You may be asked questions to which you do not

know the answer. Do not guess! If the prosecutor is asking you
the question, they will have to igure out a different way to get
that information out. If you believe somebody else knows the
answer, it is okay to suggest that.
2. “I don't remember.” Trials take place months or even years after
the investigation. Your memory may have faded. If you are
asked a question and you do not remember the answer, do not
guess! Attorneys have a lot of options for “refreshing” a
witness's memory. If they need you to testify to information
that is not fresh in your mind, it is better to take a pause and
read through your report than fumble around with, “I think
it's…” or “I guess it was…” If your memory needs to be
refreshed by a report you wrote, do not just look down and
start reading from your report. Testimony (with very few
exceptions) is supposed to come from memory. The judge will
not allow you to read your report verbatim.
3. “Can you repeat/rephrase the question?” As a witness testi ies,
questions may occur to the attorneys that they had not
prepared in advance. This can lead to confusing questions.
Other times, attorneys (particularly defense attorneys)
intentionally ask adverse witnesses complicated questions in
the hopes of getting them to trip up. Do not be afraid to
(politely) ask for clari ication.
Know Your Exhibits

Exhibits (physical objects) can only be admitted into evidence if a
quali ied witness irst identi ies the object and vouches for its
authenticity. Additionally, the judge must agree to “admit” the
exhibit before it is shown to the fact inder. In animal cruelty cases,
this can include pictures or videos of animals, lab reports, and
animal cost sheets.
1. If you are going to be identifying an exhibit at trial, make sure

that you are not seeing it for the irst time on the witness stand.
2. You do not generally need to be the person who took a picture
or a video to identify it. It will be enough that you can testify
that the exhibit is “a fair and accurate representation” of what
it purports to show.
3. Be careful before holding up exhibits to display them to the
jury. Remember, the jury cannot see an exhibit unless and until
it is admitted by a judge.
Listen to the Question, Pause, Answer the Question

Unlike conversation or interrogation, testimony in court follows
strict rules and patterns. This helps the judge keep witnesses from
bringing up suppressed information and keeps the record clearer
for appeals. When testifying, wait until the question has been
completely asked until you begin to respond. It is also helpful to
establish a routine where you take a brief pause before answering
any question.
Direct Examination vs. Cross‐Examination vs. Redirect vs.

Recross
There are several steps in a witness's testimony. Initially, the side
that called the witness gets to ask them open-ended questions. This
is called direct examination. When a prosecutor does it, it sounds a
lot like this:
How are you employed? What kind of training have you
received? What did you do on the date in question? What
happened next? What happened next? What happened next?
You get the idea. Sometimes there are speci ic pieces of information
prosecutors need to draw out, but even those questions must be
asked in an open manner:
What was the body condition score of the horse? [Note how this
question does not suggest a yes or no answer.]
Since these are open-ended questions, answer them openly, but be
cautious that you are only answering the question that was asked
and not wandering into other territory.
Once direct examination of a prosecution witness is done, the
defense attorney gets to cross-examine the witness. On cross-
examination, an attorney may ask leading questions. These are
questions that suggest a “yes or no” answer. The classic start to a
leading question is “Isn't it true that…”
When you are asked a leading question by a hostile defense
attorney, it is not the time to argue that the question is lawed. It is
ine to say that something is complicated, or that you cannot answer
yes or no, but do not argue.
Keep in mind that after cross-examination, the prosecutor will have
an opportunity to ask you more questions. This is called redirect
examination. In redirect, you only cover topics that were brought up
by the defense attorney, but (if you have a competent prosecutor)
you will be able to further explain the answers you gave on cross-
examination.
Objection!
When you hear either attorney say this, it is your signal as a witness
to stop talking. It does not matter if you are halfway through a
sentence or halfway through a syllable. “Objection” is a signal to the
judge that either what was just said – or what is about to be said – is
not allowed. Do not react; attorneys may use objections to try and
rattle witnesses. Listen to and follow the judge's instructions.
If a judge sustains an objection, do not try to ind a clever way
around it. If evidence that was successfully objected to is brought up
again, that could cause a mistrial.
Release of Witnesses/Rebuttal Witnesses

When a witness is inished testifying, the court will ask the parties if
the witness can be “released” from their subpoena and can come
and go as they please. Note that this does not give the witness
permission to speak to unreleased witnesses about the content of
their testimony. If you are released and choose to watch the rest of
the trial, keep your emotions and thoughts about the proceedings
internal (no big sighs or eye rolls in court, and no nodding or ist-
pumping either).
If a witness is not released, it could be because one of the parties is
reserving the right to recall the witness to testify later in the case.
16.5.7 Appeals
A defendant can appeal rulings that were made throughout their trial,
including the ultimate inding of guilty. Appeals typically take months
or years to resolve. If a case is reversed on appeal, there is a chance that
it will need to be retried.
16.6 Topics for Prosecutors

Res ipsa loquitor … void for vagueness … rule against perpetuities … Okay,
now that all the investigators have left, let us attorneys talk among
ourselves.
Animal cruelty cases are technical, scienti ic, and highly emotional. Your
trials will likely end up in the media and social media, and nobody will
be happy with their outcome no matter what. Your best jurors will
immediately disqualify themselves, your victim cannot testify, and your
witnesses do not testify regularly. You cannot rely on the police crime
lab to test your evidence.
Animal cruelty cases should be specially assigned to an individual
prosecutor, so they get the time and attention they deserve. If you are
that attorney, get working on these cases early. Here are a few major
issues I have lagged working on these cases exclusively.
16.6.1 The Training Gap

This is the key issue that prevents animal cruelty from getting full
investigation and prosecution. The “training gap” is this: because of a
lack of training, patrol of icers do not understand animal cruelty cases,
and animal services of icers do not understand criminal investigation.
In seven years, I have reviewed multiples cases where patrol of icers:
Released neglected animals back to their neglecter.

Destroyed dead animal bodies without forensic testing.
Referred charges without asking a veterinary witness their
impression of the evidence.
From animal services of icers, I have seen reports that are

indecipherable walls of text, questionable readings of criminal law, and
terrible interviewing techniques.
Occasionally, you will ind somebody who bridges the gap, but it is very
much the exception, not the rule.
How have I worked to bridge the gap? Patience and education for
animal services of icers and training for the patrol of icers. Everybody
wants to get these cases right; as an attorney you can give them the
tools to make that possible. Reach out to agencies on both sides of the
gap and try to bridge it.
16.6.2 Private Lab Problems

In an animal cruelty case, the likelihood that your state police crime lab
will help you with forensics is basically zero. If you have a case where
biological evidence is tested, it is likely you will have a dif icult time
iguring out who your lab witness is. Rarely, a veterinarian will do their
own lab work. More often, labs will be run by a veterinary technician,
another veterinary staff member, or they will be sent to an outside lab.
Labs can even be sent out of state. These private companies often batch
samples together, and rarely include the name of the individual
technician responsible for running the lab on the report.
This makes business sense and practical sense for most veterinary
work but (for obvious reasons) can be disastrous in trying to prepare a
criminal case for trial.
If you are on an animal cruelty case in the investigation stages, impress
upon your witnesses the importance of keeping their lab work
traceable and admissible.
Also keep in mind that there is not a lot of upside in defense attorneys
forcing your hand and making you produce lab witnesses for trial.
Assuming there was not anything egregiously wrong with the process,
it would just be another technical, science-minded witness on the stand
bolstering the prosecution. Figure out exactly who the lab witness is,
make sure they are available and willing to come to trial, then try to get
a stipulation from the defense allowing your veterinary witness to
testify about the lab results without producing the lab witness.
16.6.3 Questioning Experts

If you have any kind of animal care expert on your witness list, obtain
and discover their CV and gather all the information you need to
establish their bona ides. Touch base with them well in advance of trial
to ensure you have their reports, pictures, invoices, etc. Prepare them
for the possibility of being cross-examined on scholarly articles.
Remind them to review their reports and materials before trial.
Remember, by the time they are on the stand, they will have seen
thousands of other animals.
Animal care witnesses come across very well on the stand; most of your
jurors will have had personal and positive associations with
veterinarians and animal shelters. However, they can fall into a few
traps: irst, they can (understandably) be very emotional about these
cases. They spent time and effort saving these animals (and in some
cases, watching them die) and they have dedicated their lives to animal
well-being. Remind them to rein in their emotions – a witness who has
clearly chosen a “side” does not help.
On the other side of the spectrum, a lot of veterinarians fall into the
“doctor/scientist” trap, where they do not want to nail anything down
100%. Talk to them in advance about the burden of proof not being
“beyond all doubt.”
16.6.4 Jury Selection

Your best prospective jurors will disqualify themselves as soon as the
judge tells them it is an animal cruelty trial. From the remaining pool,
you should focus on positive associations with animal care agencies and
experiences with animal ownership. Find out if jurors have
adopted/purchased pets or have worked with livestock. In my
experience, both types of animal ownership inspire strong, positive
feelings about animal welfare.
Overall, make sure that all jurors you seat agree with the general
proposition that animal cruelty should be prosecuted. Your best jurors
are those who agree that animals are sentient beings that can feel pain,
and that pain should be avoided.
16.6.5 Sentencing
When arguing at sentencing, remember that any live seized animals will
have accrued costs. Many statutory schemes allow for “costs of care”
rather than “restitution” on animal cruelty cases, which makes for a
much more signi icant bill.
Defense attorneys will often argue that animal care agencies can offset
their expenses through adoption fees and donations; here in Oregon we
have codi ied that a sentencing judge may not take outside donations or
funding into account when setting costs of care (ORS 167.350 (1) (b)).
Check for statutory bans on animal possession that come with an
animal cruelty conviction. Everybody in the proceeding should be clear
what legal prohibitions exist for the defendant, regardless of what the
sentencing judge ultimately does. Announcing the particulars of such a
statutory ban in open court also creates a good record if the defendant
later violates that statute.
When asking for community service, keep in mind that most animal
care organizations do not want people accused or convicted of animal
cruelty to volunteer with them. Stick with court-ordered options or
non-animal-related nonpro it agencies.
There are some options for animal care classes online, like the classes
people take when they get traf ic tickets. One that I have used recently
is BARCeducation.org. I audited the course before recommending it,
and though it is generic (not state-speci ic) in its approach, it has a lot
of positive aspects. I like that it is a nonpro it, that the class covers both
abuse and neglect, and that the program tracks who is taking the class
using the student's webcam.
16.6.6 Animal Legal Defense Fund

(Note: Animal Legal Defense Fund [ALDF] has funded my position since
2013, but I take no instruction from them on my casework.)
If you ever have issues that need funding or specialized brie ing,
contact the ALDF's Criminal Justice Program, which provides free legal
assistance to agencies in the criminal justice system in investigation
and prosecution of animal cruelty cases. Their website is:
https://aldf.org.
16.7 Conclusion
Law enforcement, humane agents, and animal care workers all work
hard on the investigation of animal cruelty and protection of its victims.
Trial can be the culmination of that hard work. To many in animal
cruelty prevention, trials are intimidating and unfamiliar. To be
successful, everybody involved in a trial must know their part and
prepare. A few things to keep in mind as the trial approaches:
Fully disclose all written and recorded material well in advance of

the trial.
If you have questions about the process, do not be afraid to ask.
Before testifying, review your reports and know your exhibits.
Practice testifying to reduce “stage fright.”
Behave yourself in and around the courthouse.
When testifying, tell the truth, and leave emotions out of it.
If you prepare and educate yourself, trial will become a routine part of
your successful ight against animal cruelty.
Note
1 Shep, the Wonder Dog was not actually a witness (except on the
cover). He was the star of a children's television show, à la Lassie. Mr.
District Attorney used Shep's stand-in, Sandy, to catch a group of
bank robbers after they had shot Shep, mistakenly believing that he
could read their license plate and communicate it to the police.
Appendix A
Acknowledging that the investigation and prosecution of differing
animal cruelty offenses present unique hallmarks or challenges,
Appendix A: Speci ic Case Protocols is included as a quick reference
source. Each protocol is organized by the discipline involved
(investigator, animal care entities, veterinarian and prosecutor), and
provides in-the-moment advice and reminders speci ic to that type of
animal cruelty case, while cross-referencing recommended forms,
checklists, agreements, templates, and resources provided in
Appendices B–D. Your purchase of this book includesaccess to our
companion website, which makes these resources available for
download and customization. The materials provided in this appendix
are not intended to, and do not, constitute legal advice; they are
provided for informational purposes and as a reference.
Appendices B–D
These appendices contain forms, templates, resources, and checklists
designed to support and enhance the work of investigators,
veterinarians, animal care entities, and prosecutors from the initial
investigation through adjudication. Many of these resources were
developed after a need was identi ied for standardization of processes,
or thorough collection and organization of information. You may ind all
or some of them useful in your work, but remember these are resources
meant to make your work more manageable and serve as reminders of
important information to collect or processes to consider. The forms
themselves are not intended to add additional steps that may be
unrealistic due to staf ing or resources. They are also meant to be
amendable, so we encourage you to adapt and transform them to it
your speci ic needs. Your purchase of this book includes access to our
companion website, which makes these resources available for
download and customization. The materials provided in these
appendices are not intended to, and do not, constitute legal advice; they
are provided for informational purposes and as a reference.
Appendix A: Specific Case Protocols
Type of Case
Failure to Provide Veterinary Care
Emaciation and Starvation
Animal Hoarding
Substandard Breeding or Rescue Operation
Blunt Force Trauma – Victim Dies
Blunt Force Trauma – Victim Lives
Sharp Force Injuries
Gunshot Wounds
Mutilated or Skinned Animal
Burned Animal – Victim Dies
Burned Animal – Victim Lives
Sexual Assault of an Animal
Drowning
Poisoning
Heat Stroke and Hyperthermia
Cock ighting
Dog ighting
Case: Failure to Provide Veterinary Care

An animal cruelty charge may arise from the medical or behavioral
ailments and the suffering an animal endures due to the owner's failure
to provide timely and appropriate veterinary care. The owner may have
neglected to seek veterinary care for a number of reasons, such as a
lack of resources or failure to understand the duties of an owner, or the
withholding of care may have been intentional. Research indicates that
inability to provide adequate inancial resources is a top barrier to
veterinary care for pet owners. However, the inability to pay for
services does not excuse criminal neglect. When investigating cases in
which veterinary care will improve the health or save the life of the
animal, responders may have the opportunity to apply education,
resources, and incremental care to a situation. This may result in
preservation of the human animal bond and prevent circumstances
from escalating to criminal neglect.
In cases in which the investigator opts to educate the owner and
monitor their compliance, the veterinarian can play an important role
in formulating a treatment plan that is within the owner's means to
provide, educating the owner of their role in following through with the
prescribed treatment plan, and partnering with the investigator to
communicate progress.
In order for the case to be closed, the owner must demonstrate their
ability to provide adequate veterinary care as required by law. The
animal must be brought to a state of relative comfort and recovery
through treatment and other husbandry changes as outlined in the
action notice and con irmed through veterinary treatment and
rechecks. Investigators should document the animal's condition
through photos to record progress and improvement.
Investigator
Actions that Apply to All Cases
Interview owner, witnesses, and neighbors
Collect all relevant veterinary records
Consider trying a pretext phone call to the suspect to get their
version of events documented early on
Preserve evidence: victim animals, records, photos, medication;
see Appendix D for comprehensive evidence list
Engage veterinarian to assist with examination of the evidence and
the investigation
Plan for live animal evidence holding and care
Apply for a search warrant when appropriate. Include diagnostic
tests and collection of samples. See Appendix D for comprehensive
evidence list
Determine ownership status of victim animals and keep partnering
agencies apprised of any changes to the status
Specific Case Actions

Determine who is responsible for the animal(s) care
Inform of local resources available to owner to get veterinary care
when appropriate
Interview neighbors
Interview veterinarians who have provided previous care
Recheck for compliance with veterinary visits and treatments
Issue action notices (Appendix B) and follow up (depending on
severity of the case)
Specific Case Considerations

In some cases, education and resources can resolve the issues
The suspect's inancial situation is directly relevant to this offense
Compliance plans must be clear and speci ic, follow-up and
recheck schedule must be maintained
Questions
Is there any previous history of vet care?
Who was in charge of the animal's care?
Are other animals in poor condition?
How long has the condition been present and what home remedies
or resources has the owner tried or explored?
Is the condition likely to resolve with treatment or is the condition
chronic and requires ongoing veterinary management to keep the
animal comfortable?
If the suspect is the owner, are they open to considering
surrendering the animal for treatment and rehoming?
Forms
Investigations Triage Matrix
Evidence In Animal Cruelty Cases
Action Notice
Veterinarian
Review all records related to the case

Ask the investigator questions that would further your assessment
of the evidence presented to you
Exam ideally within 24 hours
Follow photography and forensic exam protocols
Complete written report
Finalize diagnostic plan and create treatment and care plan
Determine who is the follow-up contact for supplemental case
reports or emergency updates (typically this will be the
investigator, law enforcement, or the prosecutor)
Examine animal and records for previous/chronic injuries or
pattern of injuries
Document euthanasia decision process if necessary.
Select diagnostics that are necessary to con irm physical exam

indings and create a treatment plan
Provide incremental care when possible
Avoid unnecessary con irmatory diagnostics when inances are at
issue
If the animal dies or is euthanized proceed with forensic necropsy

Review legal standards of veterinary care, degree of injury to the
animal and cause of the neglect. Take this information into
consideration when formulating a plan
Questions
Does your knowledge of animal behavior factor into what you are
seeing with the issues you are investigating?
Is the breed, socialization, temperament, or species challenging to
care for?
Does the animal require hospitalization or veterinary care?
Where was the animal found? Or how was it presented?
Is this a single animal incident or multiple?
Was veterinary care initiated if deceased? If so, review records
Forms

Evidence Placard
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Con irm ownership status of victim animals
Maintain chain of custody of animal evidence in a secure location
Carry out veterinary treatment plan as directed
Make sure you have the ability to provide the care necessary. If not,
facilitate outside or referral care
Create and post an emergency vet care plan and contact list
Facilitate recheck appointments with the vet
Provide behavior support and training to live evidence animals
Place animals in Protective Custody (PC) foster if appropriate
Start tracking and documenting costs of care for individual animals
on intake
Implement PC secure housing and tracking for each animal

Provide care at the direction of the lead veterinarian
Make sure you have the ability to provide the care necessary
Document improvements
Provide enrichment
Start documenting restitution costs
Have a plan for emergency veterinary care if necessary

Prepare for long recovery and/or potential for humane euthanasia
as an outcome
Must provide all care directed by the veterinarian
Do not perform medical procedures that will permanently alter the
animal unless medically necessary or ownership has been
transferred
Forms

Live Animal Evidence Tracking Form
Evidence Placard
Prosecutor
Request additional investigation, where appropriate, before

declining to prosecute
Consider long-term impact or permanent injury to the animal(s)
when making charging decisions
File a charge on each victim animal and/or each criminal incident
– do not group victims/conduct into one count
A condition of release should include no contact with victim
animal or other animals as appropriate
Pursue preconviction forfeiture without delay if the victim animal
is alive and if the state has laws in place to do so
Sign off on disposition of animal evidence when evidence
collection is complete and ownership has been resolved
Schedule pretrial meetings with veterinary expert and other
witnesses
Request continued medical discovery from veterinarian and/or
animal care agency if necessary
Request up-to-date amount of costs of care for animal care agency
Check your case law on the issue of not providing vet care to
determine if an appellate decision discusses the issue
Review the case documents to determine if the suspect made any
admissions to the veterinarian
Bring out the veterinarian's recommendations to the suspect and
whether the recommendations were followed
If the suspect provided some veterinary care, address that

There is potential for a sympathetic jury
Consider whether evidence of recovery will be impactful or inspire
leniency by the jury/judge
Forms

Example Jury Instructions
AVMA (n.d.). Veterinary care for all. https://www.avma.org/javma-
news/2019-09-01/veterinary-care-all (accessed 7 August 2021).
Balkin, D., Blomquist, M., Bowman, S., et al. (2019). Animal cruelty
issues: What juvenile and family court judges need to know.
https://www.ncjfcj.org/wp-
content/uploads/2019/07/NCJFCJ_ALDF_Animal-Cruelty-
TAB_Final.pdf (accessed 8 June 2021).
Governor's Commission on the Humane Treatment of Animals (2020).
Animal cruelty investigation and prosecution: A user manual for
New Hampshire law enforcement.
http://neacha.org/resources/animal-cruelty-manual-2020.pdf
(accessed 8 June 2021).
National Sheriff's Association (2019). Sheriff & Deputy: 2019 special
issue animal cruelty.
https://www.sheriffs.org/sites/default/ iles/2019_SD_AA.pdf
Phillips, A. and Lockwood, R. (2013). Investigating and prosecuting
animal abuse. https://nationallinkcoalition.org/wp-
content/uploads/2013/09/Investigating-Prosecuting-AA-Phillips-
Lockwood.pdf (accessed 8 June 2021).
Case: Emaciation, Starvation

An animal may be found in emaciated condition due to starvation, a
serious illness or disease process, or a combination. These cases may
involve one animal or many, and in some cases a group of animals may
be found in normal body condition while only one or a few are
emaciated.
The veterinarian is key to diagnosing the cause of weight loss and low
body condition score in emaciated animals and is able to rule out
causes such as cancer, kidney disease, or dental issues and help the
investigative team determine the owner's culpability and next steps for
the animal. State laws require animal owners to provide adequate
nutrition for their animals as well as veterinary care for medical issues
that can contribute to or cause emaciation.
It is common to ind emaciated animals in hoarding conditions or in a
herd of livestock as a result of inadequate feed offered, or because the
group competes for the available food and older or more timid animals
are kept from the food by stronger or more aggressive animals. It is the
responsibility of the animal caregiver(s) to be aware of and responsive
to this type of situation in order to maintain the health of the animals in
their custody. Livestock on pasture may receive adequate nutrition
through grazing while others restricted to pens or stalls may not. In
some cases, the owner is not able to provide the amount of food
necessary for the number of animals in their possession.
Owners faced with inancial, health, or mental health crises may
struggle to properly provide for their animals. Cases of intentional
starvation may be related to particular disdain for an animal, or a
domestic violence scenario in which neglecting the animal is utilized as
a form of control or punishment of a human victim. Severely emaciated
animals require immediate care and a refeeding plan that is overseen
by a veterinarian.
Investigator

Engage veterinary expertise to assist with examination of the
evidence and the investigation
evidence list
Make observations on scene that are relevant to veterinary

evaluation
For livestock – interview neighbors, feed suppliers, renderers
Social media research may provide images of animal's prior
condition
Photograph animal on scene
Collect food samples if possible
Offer food to animal and record interest in eating
Request full veterinary exam and bloodwork within 24 hours of
intake
Issue action notices and follow up (depending on severity of the
case)
Consider dental condition as possible barrier to maintaining

adequate food intake
Old age is not a blanket excuse for emaciation
The inancial situation of the suspect is relevant to this
investigation
Determine whether the emaciated body condition is related to
starvation or a disease process Either scenario could result in
criminal charges. Veterinary care should be provided to an animal
suffering from a disease process that results in emaciation
Consider other aspects of minimum care such as shelter,
environment, vet care, access to water
Questions
What was the animal eating and how much each day?
Who was responsible for the care of the animal?
Is there access to water and how much is available?
Are there other animals, children, or seniors at risk in the home?
Forms
Body Condition Score Charts

Nonliving and Live Evidence Tracking Forms
Evidence Placard
Veterinarian

Photograph and video water and food consumption immediately

Collect samples for baseline: fecal, urinalysis, complete blood
count, creatine kinase, and electrolytes panel
Rule out gastrointestinal tract foreign bodies
Collect irst fecal to look for nonnutritive substances the animal(s)
may have consumed out of hunger such as dirt, wood, or other
items
Reference a standardized body condition chart
Complete other diagnostics as needed
Create a feeding plan
Record progress of weight gain and condition
Illustrate via timeline
In equine cases, explain dental care. Horses with inadequate

dentition may become emaciated on excellent feed due to lack of
ability to chew food
Speak to the pain, trauma, and timeline involved (i.e. how long it
would take for the animal to lose that amount of weight)
Rule out other causes of poor body condition
Case is decided based on evidence collected at time of inding and
veterinarian's opinion, and rarely does reported progress of animal
(weight and condition improvement) come into consideration as to
the legal outcome
If animal is deceased, dies, or is euthanized, proceed with necropsy
to determine cause of death
Questions
What is the condition of other animals with the same
owner/property?
What is the medical history of the animal?
Forms
Summary Vet Report
Evidence Placard
Animal Observation Chart
Body Condition Score Chart
Animal Care

Create and post an emergency veterinary care plan and contact list
Facilitate recheck appointments with the veterinarian
Place animals in Protective Custody foster if appropriate
on intake
Follow veterinarian's treatment and feeding plan
Tare scale and weigh every four days at same time of day. Record
weights
Follow up with photography and video as instructed
Maintain chain of custody
Provide enrichment
Prevent volunteers from feeding outside the scope of the refeeding
plan
Assess whether animal(s) are candidates for protective custody
foster and initiate process for foster placement where appropriate
Strictly adhere to refeeding and vet care plan
Forms
Evidence Placard
Prosecutor
witnesses
Contact the lead veterinarian with questions about severity of

condition
If relevant, introduce the position of the doghouse or kennel where
the owner saw the animal every day but did not provide adequate
food. Seeing the animal every day as the emaciated condition
develops without providing food is intentional

Consider starvation as torture and/or serious bodily injury, despite
animal's ability to recover eventually
Forms


Body condition scoring examples and charts: https://vet.tufts.edu/wp-
content/uploads/tacc.pdf and https://oregonvma.org/ iles/Purina-
Dog-Condition-Chart.pdf
Miller, L. and Zawistowski, S.L. (eds.) (2013). Shelter Medicine for
Veterinarians and Staff, 2e. Ames, IA: Iowa State University Press.
Case: Animal Hoarding

Animal hoarding cases are complex and challenging. They involve large
numbers of animals and, at their center, one or more individuals living
with complex mental health problems. By the time a case is reported,
caregivers may have been engaging in hoarding behaviors for years,
accumulating not only animals, but objects and debris, which can make
crime scenes dif icult and dangerous to maneuver. Animals living in
these conditions suffer from serious and chronic health issues, many
related to the squalid conditions of their con inement. While one may
think of a houseful of cats when picturing a hoarding scenario, any
species or combination of species may be discovered in these cases.
Animal hoarding cases are best addressed through a cooperative multi-
agency response. Mental health agencies are valuable partners in
addressing the stress and anxiety caregivers experience when faced
with the loss of their animals. These individuals rarely possess a
realistic understanding of the conditions their animals suffer, and often
will go to any length to prevent their removal, including hiding or
relocating animals and evading investigators. Many are so connected to
their animals that attempts by authorities to address the problem can
trigger suicidal thoughts and behaviors.
In addition to considering the inclusion of a mental health response for
the suspect, investigators must address and report any other
vulnerable adults or children within the home. These environments
present serious human health risks from high levels of ammonia, mold,
and structural and ire hazards, including the risk presented by
hoarded objects falling on or preventing individuals from exiting or
entering the home in an emergency. Code enforcement and ire
marshals should be included as scene responders.
Removal of live and deceased animals through the authority of a search
warrant is preferred. Caregivers who are cooperative initially often
panic and shut down removal efforts once underway. Scene processing
is complicated by the amount of debris and objects in homes and
outbuildings, making animals dif icult to locate and capture.
While the processing of the scene itself may take hours, don't be
tempted to skip thorough documentation of the conditions through
video and photography and the creation of a map and record of where
animals were contained. Seizures require animal handlers equipped
with humane capture equipment and personal protective gear
including thick gloves and respirators. A veterinarian on scene can help
triage animal care, address any medical emergencies, as well as provide
identi ication of related evidence and opinions on environmental
conditions and their effect on animal health.
Plans for animal protective custody must consider the number of
animals and a thorough veterinary plan for treatment and
rehabilitation. Plan for pregnant animals and nursing litters and
provide comprehensive vaccination, deworming, and quarantine for
infectious disease for all animals upon shelter entry. Animals may be
poorly socialized but often respond to behavioral rehabilitation efforts
and become candidates for adoption, albeit some will have ongoing
special needs. Foster homes are valuable in providing socialization and
specialized care.
Prosecutors should consider all available avenues for forfeiture and/or
foreclosure to reduce the length of stay for the population. Suspects
may elicit sympathy and concern, but it is important to remember that
hoarding has a very high recidivism rate, and criminal charges may be
most effective at preventing reoffending and in some cases may be a
gateway to professional mental health counseling. Cases involving large
numbers of seized animals are costly. Agencies should have policies in
place to prevent the offender from readoption of the animals and
explore grants and other options for funding shelter and medical care.
Investigator
the investigation
Apply for a search warrant when appropriate
Include diagnostic tests and collection of samples. See Appendix D
for comprehensive evidence list
Build rapport with suspect

Make note of the property and the outside of the residence and
look for indicators of animals being contained inside such as
shredded blinds, ly dirt on the windows, the bottom of the door is
rusted or eroded from urine, animal crates littered around the
property, or empty bags of pet food or litter
Coordinate multidisciplinary response
Plan seizure
Coordinate care and housing
Secure personal protective equipment (PPE), proper capture
equipment
Recruit and identify expert handlers
Ensure scene safety and security
Document each area housing animals as a separate crime scene
Photograph each animal at the scene even if it is through the crate
gaps
Dig to ind out if the animals have been seen in multiple veterinary
practices, as these cases often travel between clinics
Try to avoid having the suspect witness the process of capturing

the animals at the scene
Assisting animal care agency will need as much notice as possible
to prepare for intake of many animals
Forms
Evidence Tracking Forms
Evidence Placard
Action Notice
Veterinarian
Actions That Apply To All Cases


Guide law enforcement if necessary in evidence collection at scene
including records, food, medications, photos, and other important
items
Partner with law enforcement to establish a protocol for collection
of deceased, injured, and critical animals during scene response
Establish speci ic exam and screening protocol for a large volume
of animals
Incorporate behavioral assessment into the health assessment
process
Follow necropsy protocol for any deceased animals
Establish sheltering or foster care protocol including preventative
care, nutrition, and overall health care
Conduct pregnancy screening
Establish screening protocols for populations – Retrovirus,
heartworm, fecals, complete blood count, etc. (30%) initially and
as indicated by physical exam for the individual
Complete fecal analysis for parasites prior to deworming
Establish and oversee follow-up animal care (weight recording,
behavioral plans etc.)
Review rabies vaccination status and vaccinate as necessary

Look for previous veterinary records via investigator
Explain why some animals may be in better body condition than
others (competition, hierarchy, etc.)
Discuss stress and behavioral outcomes for the animals based on
your knowledge of animal husbandry and welfare and describe the
implications when living under these conditions
Questions
Who owns the animals, are there third-party owners?
Forms
Evidence Placard
Summary Vet Report
Examples of On Scene Veterinary Assessments
Animal Care

on intake
Assist with scene documentation and assessment

Assist with safe capture and transport of animals
Wear appropriate PPE for scene processing
Implement Protective Custody secure housing and tracking for
each animal
Take intake photo series/video
Administer treatments as directed by the veterinarian
Facilitate recheck exams
Provide enrichment
Report animal births/deaths to veterinarian/law
enforcement/prosecutor
Be prepared for media interest

Prepare for up to double the number of animals expected
Only trained animal handlers should be involved in capture
Unload animals in secure area in case any got loose during
transport
Questions
Is there documentation of seizure or owner release?
Forms
Evidence Placard
Prosecutor
witnesses
Charge on each victim animal

Show pictures of the conditions
Include behavior of the animals as evidence of conditions
Show video or photos of the PPE necessary to process the case
Look for statements by the suspect in the discovery materials that
everything is ine
Include ongoing inspections as a part of sentencing

Include counseling as a part of sentencing
Don't concede unnecessary ground by grouping victims/conduct
into one count
Forms

Animal Legal Defense Fund (n.d.). Animal hoarding facts.
https://aldf.org/article/animal-hoarding-facts (accessed 8 June
2021).
Frost, R., Patronek, G., Arluke, A., and Steketee, G. (2015). The hoarding
of animals: An update.
https://www.psychiatrictimes.com/view/hoarding-animals-update
Levit, L., Patronek, G., and Grisso, T. (2015). Animal Maltreatment
Forensic Mental Health Issues and Evaluations. Oxford: Oxford
University Press.
Ockenden, E.M., De Groef, B., and Marston, L. (2014). Animal hoarding
in Victoria Australia: An exploratory study. Anthrozoos 27: 33–47.
Merck, M.D., Miller, D.M., Reisman, R.W., and Miller, D.M. (2013). Animal
hoarders and animal sanctuaries. In: Veterinary Forensics: Animal
Cruelty Investigations, 2e (ed. M.D. Merck), 219–222. Hoboken, NJ:
Wiley-Blackwell.
Tufts Cummings School of Veterinary Medicine (2021). Crisis
intervention, counseling and case management for Hoarding of
Animals Research Consortium.
https://vet.tufts.edu/hoarding/crisis-intervention-counseling-and-
case-management (accessed 8 June 2021).
Case: Substandard Breeding or Rescue

Operation
These cases are characterized by a large number of animals, poor
sanitation, and a lack of veterinary care. Puppy mills and individuals or
operations that breed cats, birds, reptiles, small animals, and any
number of other species for sale and/or transport may fall into this
category. Rescue groups, sanctuaries, and exhibitors are also included if
they own or manage a number of animals and do not provide adequate
or minimum care, veterinary treatment, adequate housing, nutrition,
exercise, or sanitation.
Substandard breeding or rescue operations rarely allow visitors or
clients in areas where animals are kept and so these cases may reach a
critical level before they are discovered or reported. Preliminary
investigations should include searches of internet sites and
publications where the animals may be advertised for sale and review
of medical records and complaints from owners or recently acquired
animals that are ill or injured. These efforts may offer a glimpse into the
number and types of animals being sold; occasionally their living
conditions are visible in photographs or videos. Most often, though,
breeders and dealers maintain websites and social media pages that
portray pristine and ideal conditions.
A veterinarian should accompany investigators and law enforcement to
on-site inspections and seizures to address medical emergencies and
assess the conditions on scene. Veterinarians can also be useful in
examining evidence such as medications, home remedies, and records
related to veterinary care, breeding, sales, and shipping of animals.
The scene should be processed methodically with care given to
document, photograph, and videotape the conditions inside each
enclosure or cage. Evidence identi ication should be assigned so that
each animal can be connected later to the cage or pen it was housed in.
Prepare for animals that may be poorly socialized and dif icult to
handle and transport. Handlers and scene-processing teams will
require personal protective equipment due to the potential for zoonotic
disease transmission and unsanitary conditions. Other agencies such as
the United States Department of Agriculture (USDA), code enforcement,
and agencies that require facilities licensing may also have laws or
regulations that apply to these cases.
Animal care facilities will need time to prepare for the number of
animals estimated and the population should be vaccinated
immediately as well as quarantined and monitored for contagious
diseases. Plan for pregnant and nursing animals with litters to enter
protective custody foster care if possible, or to be housed in a quiet and
low-traf ic area of the shelter.
These cases can garner a huge amount of interest from the media and
the public. Individuals may come forward claiming to have ownership
interest in purebred animals. Former employees, suppliers, clients,
volunteers, and others who have had dealings with the operation may
also contact your agency as witnesses. A public information of icer can
be valuable to address media requests and public concern while
investigators follow up with witnesses.
Investigator
the investigation

Find out who is the veterinarian for the operation
Check social media sites like Yelp for reviews and photos
Each kennel is a separate crime scene – document it as such, and
be able to connect the animal to where it was housed
Search the scene and seize evidence
Document supplies and feed on premises
Do a full inancial investigation to show how invested the suspect
is in the ongoing enterprise
Review euthanasia protocol and disposal methods
Consider seizing records, computers, cell phones
Interview previous clients
Review preventive care records, breeding records, breed registry,
staf ing hours and duties, and veterinarians of record
Identify third-party owners

Write unborn offspring into search warrant
Diverting animals to breeding community to preserve bloodline
Large number of animals may overwhelm animal care partners at
seizure
Partner with enforcement agencies: Department of Agriculture,
USDA, local or state kennel licensing, etc.
Dif icult to gain access to premises
Questions
Are there any county regulations for breeders?
Has USDA done any inspections?
Have there been any complaints to the Better Business Bureau or
regulatory agencies?
How are the animals sold or rehomed?
Forms
Veterinarian


Conduct overview and assessment of facilities and evidence
Review vaccination and preventive care history
Establish screening protocols for populations – Retrovirus,
heartworm, fecals, complete blood count, etc. (30%) initially and
as indicated by physical exam for the individual
Conduct fecals before deworming
Scan and document ID: microchip, tattoo, etc.
If taking into care, set up preventive care, nutritional plan, medical
care, behavioral enrichment plan, and tracking procedures
Review and inform investigator:
Breeding records
Breed registry
Staf ing hours and duties
Veterinarian(s) of record
Follow euthanasia, necropsy protocols

Consider zoonotic diseases
Obsessive or repetitive behaviors (i.e. circling) can be related to
housing conditions and may require a speci ic behavioral plan.
Plan for poor socialization and no house-training
Review rabies vaccination status and vaccinate as needed
Look for and preserve remains – necropsy if possible and relevant
Questions
Are there any known congenital abnormalities or diseases in the
group?
Forms
Animal Care
on intake

Assist with safe animal capture and transport from the scene
Assist with documentation of the scene
Assist with taking a photo of every animal before it leaves the
scene
Assist with uniquely identifying each animal and attaching that
unique identi ier to the animal for future reference
Maintain chain of custody from scene to intake location
Consider foster for pregnant mothers/newborn litters
Documentation of daily care and treatments as prescribed

Treat each enclosure as a separate crime scene to be documented
Plan for highly interested adopters if purebred
Media interest
Do not perform medical procedures that will permanently alter the
animal unless medically necessary or ownership has been
transfered
Questions
Forms

Evidence Placard
Prosecutor
witnesses
Pursue preconviction forfeiture without delay if state includes it in

the law

Be prepared to be confronted with third-party owners
Consider including the business/corporation/LLC if there is one
for the breeding operation
Show the suffering of all the animals and how the animals are
commodities
The genetic makeup of the animals can demonstrate that money is
the priority
Determine whether they are breeding to American Kennel Club or
industry ethical standards
If the conduct crossed stated lines, consider the application of the
Preventing Animal Cruelty and Torture Act (PACT act)
into one count
Forms

Kaminski Leduc, J.L. (2013). Standards of care for dog and cat breeders.
www.cga.ct.gov/2013/rpt/2013-R-0309.htm (accessed August 7,
2021).
Case: Blunt Force Trauma: Victim Dies

Nonaccidental fatal injuries involving blunt force trauma must always
be on the rule-out list as a cause of injury and death among companion
animals particularly, with dogs and cats most most commonly. Because
young dogs and cats are known to display destructive behaviors such as
chewing and house soiling, abuse events may be related to the owner’s
anger, frustration, or inappropriate methods of training and discipline.
Upon receipt of the body, a comprehensive necropsy should be
performed as soon as possible before postmortem changes and
decomposition alter evidence of trauma beneath the skin.
Often, the suspect's account of how the animal became injured does not
match the veterinarian's indings upon necropsy. Investigators should
utilize the veterinarian's indings when considering what may have
been used to strike and kill the animal as well as the force used and
length of time of the abuse event.
Fatal injuries may be the culmination of a series of abuse events. In
addition to examining the animal remains for evidence of prior injury,
such as healed or healing fractures, it is prudent to collect previous
veterinary records and statements from neighbors and other people
associated with the suspect.
Intentional animal abuse often co-occurs alongside domestic violence,
so always consider other animals and humans in the home who might
also be victims of abuse.
Investigator
Preserve evidence: records, photos, medication; see Appendix D
Preserve the body as evidence. Do not freeze the body, if possible
Request a forensic necropsy
the investigation
Protect other vulnerable entities in the home – other pets,
children, elderly, partners (cross-reporting)
Search for and seize evidence (weapons, blood spatter, cell phone
records, etc.)
Map and photograph the scene and animal as found

Use knowledge gained from veterinary report to interview suspect
and question about events that occurred
Create a media plan
Review medical history looking for the animal having been seen by
multiple practices as these cases often travel between clinics
Questions
Who had access to the animal in the timeframe of the injury(s)?
If the victim is buried, should you excavate it?
Any previous pet deaths and, if so, what were the causes?
Forms
Nonliving Evidence Tracking Forms

Evidence Placard
Veterinarian
Review all records related to the case including previous medical
history. Refrigerate the remains until necropsy
Necropsy ideally within 24 hours
Follow photography and forensic necropsy protocols
Shave the animal to look for bruising or wounds
Perform full-body radiographs and an examination of the external
areas of the animal's body, looking for evidence of current and
previous injury such as healed fractures and scars as well as any
wound patterns
Photograph each inding
Submit samples for histopathology of tissues and other organs that
appear to have evidence of traumatic injury

Examine head for signs of trauma: sclera, intraocular hemorrhage,
external ear canals, dental, split palate, skull, and soft tissue
Examine for cutaneous, subcutaneous, and deep bruising, and
shave to assist visualization. Include all relevant areas. Most
common areas of bruising: neck, thorax, ventral abdomen
Review radiographs for healed fractures: most commonly ribs,
facial bones, radius, ulna, and teeth
Look for intrathoracic or abdominal injury with hemorrhage,
abdominal wall bruising, hernia, fractures of liver or spleen, and
broken ribs
Evaluate and report the type or amount of force required for
injuries and, when possible, determine if history and the cause
reported aligns with injury
Create rule-out list and include or exclude possible causes

Create a media plan
Questions
of the evidence presented to you such as:
Where was the animal found? How was it presented?
Is this a single animal incident or multiple?
Was veterinary care initiated if deceased? If so, review records
Does your knowledge of animal behavior factor into what you are
seeing with any of the injuries and the existing crime reports?
Does the history make sense?
Forms
Evidence Placard
Summary Vet Report
Animal Care
Maintain chain of custody of animal and associated evidence in a
secure location
Freeze or refrigerate remains at the direction of the veterinarian
Facilitate forensic necropsy

Create media plan
Forms

Evidence Placard
Prosecutor
A condition of release should include no contact with animals as
appropriate
Schedule pretrial meetings with veterinarian and other witnesses

Instruct law enforcement on additional investigation if needed
Use the veterinarian to address possible explanations/defenses
Include restriction from possessing animals as a condition of

release
Facilitate disposition of the body once evidence has been gathered
and defense has had opportunity to examine (or waived)
Questions
Are there any relevant charging enhancements?
Are there other relevant charges in addition to abuse, i.e. neglect
for failure to seek care for injured animal?

Colorado LINK Project (2013). The relevance of the link for
prosecutors. https://coloradolinkproject.com/prosecutor-toolkit
(accessed June 8, 2021).
Employment Division vs. Smith, 494 U.S. 872, (1990). “We have never
held that an individual's religious beliefs excuse him from
compliance with an otherwise valid law prohibiting conduct that the
State is free to regulate … the right of free exercise does not relieve
an individual of the obligation to comply with a ‘valid and neutral
law of general applicability on the ground that the law proscribes (or
prescribes) conduct that his religion prescribes (or proscribes).’”
Merck, M.D., Miller, D.M., Reisman, R.W., and Miller, D.M. (2013). Animal
hoarders and animal sanctuaries. In: Veterinary Forensics: Animal
Wiley-Blackwell.
Norris, P. (2020). Blunt force trauma. In: Veterinary Forensic Medicine
and Forensic Sciences (eds. J.H. Byrd, P. Norris and N. Bradley-
Siemens), 129–144. London: CRC Press.
Phillips. A. (2014). Understanding the link between violence to animals
and people. https://nationallinkcoalition.org/wp-
content/uploads/2014/06/Allies-Link-Monograph-2014.pdf
Stern, A.W. and Sula, M.-J. (2021). Blunt force trauma. In: Veterinary
Forensics: Investigation, Evidence Collection, and Expert Testimony
(eds. E. Rogers and A.W. Stern), 208–211. London: CRC Press.
IVFSA (2020). Veterinary forensic postmortem examination standards.
2020_with-authors.pdf (accessed August 7, 2021).
Case: Blunt Force Trauma: Victim Lives

Time is of the essence when examining live animals for signs of blunt
force trauma. While blunt force injuries may result in visible bruising or
expression of pain such as limping or reluctance to move, other times
no external evidence of the trauma will be found. In some cases, even
though no visible injury is noted, internal injuries including fractures,
damage to organs, and internal hemorrhage may be discovered through
imaging, blood chemistry panels, and other diagnostics. Always check
for petechiae, scleral hemorrhage, injuries to the head and teeth, torn
nails, and bruising at the tail base and abdomen. Shave fur to look for
evidence of wounds, scars, and bruising. Always perform and review
full-body radiographs looking for both acute and chronic fractures.
The investigator must prioritize speedy examination by a veterinarian.
Investigators should look for evidence of implements that may have
been used to strike the animal, record witness statements regarding
kicking or striking the animal, and present their indings to the
veterinarian. Because young dogs and cats often display destructive
behaviors such as chewing and house soiling, abuse events may be
related to the owner’s anger, frustration, or inappropriate training
methods in cases involving puppies and kittens. Often, the suspect’s
account of how the animal became injured does not match the
veterinarian’s indings upon physical examination. The investigator
should utilize the veterinarian’s expertise in determining if the
narrative matches the degree and type of injury the animal sustained.
Intentional animal abuse often co-occurs alongside domestic violence,
so always consider other animals and humans in the home who might
also be victims of abuse.
Investigator
evidence and the investigation
Interview suspect and witnesses
Assess risk to other animals in the home and seize where
appropriate
Assess risk to humans in the environment
Gather previous vet history
Take photos
Attempt to view scene and document
Facilitate vet exam
Be aware of other potential victims in the environment – human

and animal
Refer to human services as appropriate
Seize cell phones and surveillance video footage if available
Questions
Is there anyone else who might have seen or heard the incident?
Were there any previous pet deaths and what were the causes?
Who had access to the animal in the timeframe of the injury?
Forms

Evidence Placard
Veterinarian
Complete full-body imaging
Review for chronic, healed, and acute injuries or patterns of

injuries
Shave to reveal bruising, document, and photograph
Examine for petechiae and scleral, intraocular, cranial, inner ear
hemorrhage
Treat injuries and document progress
Submit blood chemistry including creatine kinase
Compare indings to alleged cause
Speak to long-term damage or permanent injury in report
Be aware of other potential victims in the environment – human

and animal
Interview clients with witness present and take detailed notes
when possible
Refer to human services as appropriate
Dig to ind out if the pet has been seen elsewhere as these cases
often travel between practices
Questions
Is this a single-animal incident or multiple?
Does the narrative it the injury?
How could this injury occur? What people have access to the
animal?
Forms
Animal Care
Actions that Apply To All Cases
on intake

Intake the animal(s) through standard intake procedures
each animal
Provide enrichment
Deliver and document treatment plan if in-house

Assess risk if the suspect is likely to show up at your facility
Notify organization if necessary and have trespass protocol in
place
Questions
Who is the current owner of the animal?
What is the veterinary treatment plan?
Is the suspect aware of where the animal is being held?
Forms
Evidence Placard
Prosecutor
witnesses
Specific Considerations
Include no contact with animals as a condition of release
Questions
Are there any relevant enhancement statutes (i.e. in the presence
of a minor or prior domestic violence convictions)?
Forms


Merck, M.D., Miller, D.M., Reisman, R.W., and Maiorka, P.C. (2013). Blunt
force trauma. In: Veterinary Forensics: Animal Cruelty Investigations,
2e (ed. M.D. Merck), 97–121. Hoboken, NJ: Wiley-Blackwell.
Norris, P. (2020). Blunt force trauma. In: Veterinary Forensic Medicine
and Forensic Sciences (eds. J.H. Byrd, P. Norris and N. Bradley-
Siemens), 129–144. London: CRC Press.
Stern, A.W. and Sula, M.-J. (2021). Blunt force trauma. In: Veterinary
Case: Sharp Force Injuries

Sharp force injuries consist of wounds by any sharp implement that are
the result of cutting, stabbing, or chopping. They may cause or
contribute to the death of an animal through blood loss, organ damage,
or accompanying infection. Victim animals may be presented as living
or deceased.
Investigators may have evidence of a weapon or the weapon may have
yet to be discovered when the animal is presented for forensic exam.
Veterinarians should thoroughly examine the entire animal for deep
and super icial wounds. Shaving can uncover wounds not visible with
the hair coat intact. Blunt force trauma from a heavy implement may
result in splitting of the skin and appear as a sharp force injury. Wounds
should be examined for size, depth, and other characteristics that may
rule in or out a certain implement as a weapon. While knives come to
mind immediately, other implements can cause sharp force injuries
such as axes, pointed sticks or rods, glass, and sheet metal. Examination
of the body for trace evidence and collection of DNA may prove useful
in linking a weapon or a suspect to the injuries at a later time.
Photograph all wounds using a photo scale to measure and illustrate
length, width, and depth of each wound.
Investigators should search the crime scene for not only knives but
other instruments that could have caused cutting or stabbing wounds,
as well as blood spatter. Look for defensive wounds such as bites and
scratches when interviewing suspects.
Investigator

Preserve evidence: records, photos, medication; see Appendix
reference for comprehensive evidence list
the investigation
tests and collection of samples. See Appendix reference for
comprehensive evidence list
Search scene for weapons, signs of struggle, blood spatter

Collect any item that may have been used as a weapon
Map, photograph, and video the scene
Questions
Were there any witnesses?

Is this a domestic violence scenario with other people or animals
at risk?
Forms
Animal Cruelty Consent to Search Form

Evidence Placard
Veterinarian

Complete full-body radiographs
Collect samples for pathology
Testify to the pain, fear, and suffering the animal experienced
Questions
Does the given explanation for the injury align with the wounds
and damage found?
Is this a single- or multiple-animal incident?
Was veterinary care initiated if deceased? If so, are there records?
Forms

Evidence Placard
Summary Vet Report
Animal Care

secure location
If victim survives:

Place animals in protective custody foster if appropriate
on intake

each animal
Provide enrichment
Assess whether animal(s) are candidates for Protective Custody
foster and initiate process for placement where appropriate
Assess risk if the suspect is likely to show up at your facility

Notify organization if necessary and have trespass protocol in
place
Give the animal a different name when making it available for
adoption
Questions

What is the vet treatment plan?
Forms

Prosecutor

File a charge on each victim animal and/or each criminal incident;
do not group victims/conduct into one count
appropriate
Include counseling as part of sentencing

Use the veterinarian's testimony to inform the jury/judge about
the extent of the injuries and the pain and suffering associated
Determine if the victim animal suffered serious or permanent
injury (or death) as a result of the conduct and charge accordingly

Questions
Are there any relevant enhancement statutes (i.e. in the presence

of a minor or prior domestic violence record)
Forms

De Siqueira, A. and Norris, P. (2020). Sharp force trauma. In: Veterinary
Forensic Medicine and Forensic Sciences (eds. J.H. Byrd, P. Norris and
N. Bradley-Siemens), 145–156. London: CRC Press.
Doheny, S.L. (2006). Free exercise does not protect animal sacri ice: The
misconception of Church of Lukumi Babalu Aye v. City of Hialeah and
constitutional solutions for stopping animal sacri ice. J. Animal L 2:
121.
Merck, M.D., Miller, D.M., and Maiorka, P.C. (2013). Sharp force injuries.
In: Veterinary Forensics: Animal Cruelty Investigations, 2nd edn, 123–
137. Hoboken, NJ: Wiley-Blackwell.
Zannin, A. (2021). Bloodstain pattern analysis. In: Veterinary Forensics:
Investigation, Evidence Collection, and Expert Testimony (eds. E.
Rogers and A.W. Stern), 73–108. London: CRC Press.
Case: Gunshot Wounds

Projectiles such as bullets, pellets, and BBs may be found in both living
and deceased animal victims. Examination and analysis of evidence can
provide information such as the type of weapon used, the distance and
angle from which shots were ired, and whether an animal was
advancing or retreating from the shooter when the incident occurred.
Gunshot wounds must be examined carefully so that trace evidence,
points of entry and exit, and path of trajectory are not altered. Full-body
and speci ic imaging assists in identifying the location of projectiles in
an animal's body and can determine if the projectile passed through.
Imaging will also assist in revealing evidence of damage caused by
projectiles including soft tissue, skeletal injury or old, healed fractures.
Documentation through photography, drawings, and the use of photo
scales and trajectory rods helps illustrate indings. All projectiles and
fragments must be collected and preserved as evidence when possible.
Investigators should search the crime scene for bullets and casings,
weapons and blood spatter, or patterns that show the animal's
movements during the incident. Crime lab analysis can prove helpful in
these cases.
Investigator
the investigation
agencies appraised of any changes to the status

Make a reward offer for people with information if you do not have
a suspect
Draw map of scene
Video and photograph scene
Search for blood spatter, bullet casings, and weapons
Contact neighbors who may have heard or seen an incident
Consider other vulnerable animals or people in the home
Questions
Do suspect statements (self defense claims) match the veterinary

indings?
Forms
Evidence Placard
Veterinarian

Complete full-body imaging or radiographs
Review map and any other evidence available from the scene
Follow up on medical progress and continue documentation

Determine whether indings align with the suspect's account of the
incident
Determine whether knowledge and history of animal behavior
reveal or contribute to assessment of how and why injuries
resulted
If the animal dies or is deceased proceed with necropsy
Questions
Was veterinary care initiated and are records available?
Is permanent injury or death a result of this event?
Are any tissue samples or residue samples relevant to this case or
diagnostic?
Forms
Evidence Placard
Summary Vet Report
Animal Care

on intake

each animal
Provide enrichment
Delivering and documenting treatment plan if in house
If animal is deceased:
Maintain chain of custody of animal and associated evidence in
a secure location
Freeze or refrigerate remains at the direction of the
veterinarian
Questions

Forms
Prosecutor
witnesses

Determine whether other criminal offenses have occurred (e.g.
probation violation for irearm use, unlawful discharge of a
irearm, coercion)
File different charges as appropriate if the animal was
permanently injured or killed
Use the veterinarian to address defenses

If the suspect was attempting to euthanize their animal, have the
veterinarian testify to the pain and suffering that occurred
Questions
If the animal is deceased, did the animal suffer and for how long?
Forms


Bradley-Siemens, N. (2020). Gunshot wounds and wound ballistics. In:
Veterinary Forensic Medicine and Forensic Sciences (eds. J.H. Byrd, P.
Norris and N. Bradley-Siemens), 157. London: CRC Press.
Merck, M.D. and Miller, D.M. (2013). Burn-, electrical-, and ire-related
injuries. In: Veterinary Forensics: Animal Cruelty Investigations, 2e
(ed. M.D. Merck), 140–153. Hoboken, NJ: Wiley-Blackwell.
Zannin, A. (2021). Bloodstain pattern analysis. In: Veterinary Forensics:
Investigation, Evidence Collection, and Expert Testimony (eds. E.
Rogers and A.W. Stern), 73–108. London: CRC Press.
Case: Mutilated or Skinned Animal

Reports of mutilated or skinned animals can send shockwaves through
a community and garner considerable media attention. While
mutilation can be attributed to intentional abuse by humans, absent a
witness, the investigators and veterinarians will usually start by ruling
out other causes of death, primarily predation or motor vehicle trauma.
Coyotes, wolves, and cougars, as well as domestic dogs roaming singly
or in packs, are known to track and kill companion animals and may
not ingest all or even part of the remains. Scavenger animals including
canids, raptors, opossum, rodents, birds, foxes, and raccoons may
spread remains and further damage the body after the initial death,
which may have been accidental. Livestock animals are also prey for
coyotes, wolves, bears, and large cats, as well as animals who scavenge
their remains.
The investigator can begin by thoroughly documenting the scene,
taking photos of the body's position and proximity to the roadway,
forested areas, and developed housing or businesses. Animal control
agencies as well as departments of ish and wildlife may keep a record
of coyote, large cat, or other predatory animal sightings, which can
inform a conclusion. If owners or neighbors identify a suspect in the
area who has harmed or threatened harm to neighborhood animals,
these leads should be followed. Neighbors may also provide
investigators access to property surveillance video that may have
recorded the event or wildlife activity.
Small- to medium-sized companion animals may be found in a
condition that leads one to believe the animal has been skinned, with
large portions of dermis and fur over the back and sides seemingly
removed by a sharp implement. Again, these cases are horrifying, and
while they may be the work of an individual, certain raptors and other
predators can in lict such large injuries when seizing and pulling at
their prey with their teeth or talons. The veterinarian should examine
the margins of these wounds carefully for evidence of cut hairs, which
one would expect to ind if the skin were removed by a blade or
scissors. When the wound is a result of a pulling or tearing force, the
absence of cut hairs along the margin can be con irmatory. Predator
DNA may also be identi ied through laboratory testing.
When initially assessing and investigating an animal cruelty case where
religion may be a factor (animal sacri ice, for example) – either with
respect to the conduct or the reason for the conduct – law enforcement
should focus their investigation on whether the elements of the animal
cruelty statutes or other state and local laws (such as inhumane
slaughter, public safety regulations, and zoning requirements) are being
met. Investigators should focus on collecting the evidence related to the
offense(s) and remain undeterred from carrying out their duties even if
religion is implicated. It is the role of the prosecutor to assess the
evidence and the laws to determine whether and how to proceed with
the case.
Investigator
the investigation
evidence list
Record and review scene photos

Coordinate with wildlife of icials who have knowledge of predation
and scavenging based on the region
Search and document scene
Collect remains
Search for weapons (blunt and sharp force)
Assess likelihood of surveillance video
Check with wildlife services and animal control to con irm
predator (coyote, fox, raptors, cougar) sightings in that area
Explore the possibility of a domestic violence component

Be prepared to respond to media inquiries
Questions
Are there other vulnerable entities in the home?

Can the veterinarian tell you what kind of implements to search for
if you execute a warrant?
Is there any religious or cult-related activity to consider?
Forms

Evidence Placard
Veterinarian
Exam or necropsy ideally within 24 hours
Full-body radiographs
Collect samples for laboratory and pathology
Victim may be alive with moderate to severe skin loss or deceased

and presented for necropsy. Help de ine circumstances of an event
based on discussion with the investigator
Review scene photos
Determine cause of death if possible – rule out the animal being hit
by a car
Look for hallmarks of predation: tooth marks on bones, removal of
organs of small domestic animal (thorax) and abdomen, bowel
intact with omentum mostly missing, patches of skin missing
Examine margins of skin tear for sharp, blunt, or tearing force
trauma, collect a sample for histopath and save sample for DNA
Rule out predation and scavenger behaviors

Consider coyote or wolf attack if a large amount of skin is pulled
from dorsum of animal
Sample collection from the victim and DNA analysis may link
perpetrator to case
Questions
Where was the animal found?

Was veterinary care initiated if deceased? If so are there records?
Forms
Evidence Placard
Summary Vet Report
Animal Care
secure location
Create a media plan
Questions
Is there documentation/paperwork transferring the custody of the
animal?
Forms

Prosecutor
File a charge on each victim animal and/or each criminal incident;
appropriate
Include counseling in sentencing.

Are there any relevant enhancements (i.e. domestic violence
convictions or minors present)
Be prepared to respond to freedom of religion defenses
Forms


constitutional solutions for stopping animal sacri ice. J. Animal L. 2:
121.
Levitt, L., Patronek, G., and Grisso, T. (eds.) (2015). Animal
Maltreatment: Forensic Mental Health Issues and Evaluations. New
York, NY: Oxford University Press.
Nation, P.N. and St Clair, C.C. (2019). A forensic pathology investigation
of dismembered domestic cats: Coyotes or cults? Vet Pathol 56 (3):
444–451.
https://journals.sagepub.com/doi/full/10.1177/03009858198279
68.
Webb, K.M. (2021). DNA evidence collection and analysis. In: Veterinary
Case: Burned Animal: Victim Dies

Burns may be caused by heat or ire (thermal burns), electricity, liquids
(scalding wounds from boiling water), electromagnetic radiation
(exposure to microwave ovens), or chemicals (acids or other
corrosives). While an animal may be accidentally injured in some
instances, other cases, such as an animal entrapped in an oven or
burned multiple times by a cigarette, are more easily identi ied as
malicious in intent.
In the case of a deceased animal, it is important that the veterinarian
and investigator attempt to determine if the burn was in licted before
the animal died, if the burn was the primary cause of death, or if the
burn occurred after the animal was deceased. Forensic necropsy should
include examination for traumatic injury, determination and mapping
of burn and traumatic injury patterns, as well as physical and radiologic
examination for history of previous or recent skeletal injuries.
Examination and histopathology of airway tissue and lungs can be
helpful in determining if an animal died of smoke inhalation. Analysis of
fur or skin samples may identify chemical compounds or accelerants.
Specialized testing to determine cause and time of death may include
blood for carboxyhemoglobin analysis.
Investigators should carefully examine the crime scene for chemicals,
restraints, and accelerants such as lighter luid or gasoline. In cases
where the animal struggled against the suspect, the investigator might
notice scratch or bite wounds on a suspect's face, arms, hands, and
torso. Work directly with the examining veterinarian to formulate
interview questions, consider the suspect's explanation of how the
injuries occurred when compared to the necropsy indings, and plan
next steps.
A11.1 Investigator

the investigation
evidence list
Document previous veterinary care

Create a map of how/where found
Take photos of scene
Interview witness/suspects/ ire ighters
Look for indication animal was restrained or con ined

Do not throw the body away
Crime scene may be dangerous or impossible to examine due to
ire damage
Ask questions to understand if the ire was premeditated ire
Questions
Are there other animals who may have escaped the ire?
Is surveillance or other security video available?
Are there other victims?
Is there motivation for ire starting such as a domestic violence
component?
Forms

Evidence Placard
Veterinarian

Request and review previous medical history
Perform full-body imaging
Collect samples for laboratory and pathology
Submit blood samples for carbon monoxide (carboxyhemoglobin

analysis)
Collect hair samples for accelerant/chemical analysis
Document the pain and fear involved with the manner of injury or
death
Create a media plan
Questions
Was the animal alive before the ire or dead when the ire started?
Was the ire the cause of death? Smoke inhalation and carbon
monoxide poisoning vs. deceased before ire (gunshot or other
cause)?
Was veterinary care initiated if deceased? If so, are records
accessible?
Are speci ic chemicals or accelerants a consideration? If so,
consider collecting fur/skin, tissue and proactive research crime
laboratory or other laboratory availability.
Forms
Necropsy Exam Form

Evidence Placard
Veterinary Forensic Exam Report
Animal Care
secure location
Questions
Ask the veterinarian how to preserve burned remains
Forms

Evidence Placard
Prosecutor
appropriate

Show pictures and have the veterinarian testify to the suffering

Evaluate the case ile for other crimes: arson, domestic violence,
assault/battery, intimidation/coercion, or fraud

Bradley-Siemens, N. (2020). Environmental and situational
injuries/death. In: Veterinary Forensic Medicine and Forensic Sciences
(eds. J.H. Byrd, P. Norris and N. Bradley-Siemens), 226–240. London:
CRC Press.
121.
Stern, A.W. and Sula, M.-J. (2021). Thermal injuries. In: Veterinary
Case: Burned Animal: Victim Lives

Burns may be caused by heat or ire (thermal burns), electricity, liquids
(scalding wounds from boiling water), electromagnetic radiation
(exposure to microwave ovens) or chemicals (acids or other
corrosives). While an animal may be accidentally injured in some
instances, other cases, such as an animal entrapped in an oven or
burned multiple times by a cigarette, are more easily identi ied as
malicious in intent.
Animals suffering from burn injuries may be discovered in critical
condition or may appear relatively stable. Investigators and animal
welfare professionals who encounter these animals must understand
that tissue damage from burns may not appear serious at irst when in
fact the animal has experienced life-threatening burns, and internal
injuries from burns – such as damage to airways or organs – may not be
immediately recognizable. For these reasons, animals at the scene of a
ire must always be presented for veterinary care immediately.
The animal should be stabilized and administered emergency care as a
priority. The collection of evidence by the veterinarian will include
physical exam indings, full-body radiographs, and examination for
history of previous injury. Analysis of fur and skin swabs for chemical
compounds and accelerants can be helpful in determining the cause of
the burns.
Investigators should carefully examine the crime scene for chemicals,
restraints, and accelerants such as lighter luid or gasoline. In cases
where the animal struggled against the suspect the investigator might
notice scratch or bite wounds on a suspect's face, arms, hands, and
torso. Work directly with the examining veterinarian to formulate
interview questions, consider the suspect's explanation of how the
injuries occurred when compared to the examination indings, and plan
next steps.
Investigator

the investigation
Interview witnesses and provide information to veterinarian prior

to exam if possible
Find previous veterinary records
Consider looking for social media posts referencing the incident
Include exam of the animal when authoring search
warrant/af idavit
Include lead veterinarian if you search the location of the incident
Take photos and video of the scene
Search for objects that may have been used to restrain animal or
used as accelerants or combustibles
Questions
Are there vulnerable victims in the home?

Is there a domestic violence component?
Could there be other animals hiding who led the area of the ire?
Forms

Evidence Placard
Veterinarian

Request and review previous medical history
Examine and begin treatment immediately
Document age and type of burn, including scarring (repetitive

injury)
Look for other evidence of cruelty (neglect or additional
injuries/wounds)
Report on likelihood of permanent long-term damage
Review the map of the scene
If ire or smoke are involved look for other injuries (gunshot,
trauma, repetitive injury)

Testify to the pain and fear likely involved
Consider full-body imaging or radiographs
If the victim does not survive, proceed to necropsy protocol
Questions
Where was the animal before the burns occurred?
How was the animal found?
Are speci ic chemicals or accelerants a consideration?
Was veterinary care initiated elsewhere?
Forms
Evidence Placard
Summary Vet Report
Animal Care
on intake
Ensure that improvements to burn(s) are documented on regular

basis (photograph and record)
Administer treatment as directed by the veterinarian
Questions
Can you provide the necessary care for a victim animal with these
injuries? If not, facilitate outside or referral care
Forms
Prosecutor

Look to the veterinary report during charging assessment

Consider multiple charges for various burns if veterinarian has
aged them
Have the veterinarian testify to the pain and suffering, and how
long it took the animal to heal
If the suspect took video of the burning, point out the enjoyment of
the act
Include counseling as part of sentence

Forms

CRC Press.
121.
Stern, A.W. and Sula, M.-J. (2021). Thermal injuries. In: Veterinary
Case: Sexual Assault of An Animal

Animal sexual assault cases are complex, whether they involve one
suspect and a single animal, or a group of perpetrators who engage in
organized and highly secretive bestiality activities. Bestiality is often
tied to the crimes of child pornography or pornography depicting the
torture or killing of animals. If at any time investigators uncover
evidence that the case involves multiple suspects or locations, enacting
the assistance of state and federal agencies is prudent. The sexual abuse
of animals may also be perpetrated to execute control and punishment
in a domestic violence scenario.
Domestic dogs as well as livestock animals are the most common
victims in these cases. Investigators should search the crime scene for
evidence such as supplies and equipment used to restrain, train, record,
and otherwise facilitate animal sexual abuse, as well as photo or video
evidence or pornography. If a larger web of participants is suspected,
seizure and examination of cell phones, computers, online web search
and chat history, and search for use of encrypted sites should be
initiated.
The veterinary exam is conducted in a similar manner to human sexual
assault examinations. The veterinarian may consider consulting with a
human health expert versed in diagnosing and documenting human
sexual assault cases. Time is of the essence when searching for evidence
of assault on and in the victim animal. Evidence may include restraint
injuries, body luids, and DNA.
Investigator

the investigation
tests and collection of samples See Appendix D for comprehensive
evidence list
Arrange for immediate veterinary examination and diagnostics

Coordinate multi-agency response if organized activity is
suspected
Search social media accounts
Seize cell phone and computer to search for photos/videos

Look for evidence such as restraints, ropes, stockades, or other
equipment used to facilitate the abuse
Observe suspects for signs of injury in licted by victim animal such
as scratch or bite marks on arms and hands
Look for any wounds or marks on neck, ears, or abdomen of the
animal from restraint or ligatures
Consider searching chat rooms, forums, and social media for
activity and admissions there
Questions
Are there other vulnerable entities at risk?

Who had access to the animal?
Forms
Evidence Placard
Veterinarian
Exam ideally within hours

Collect fecal sample in all cases, and urine sample if the animal
victim is female (screening for sperm or DNA of suspect)
Collect hair and buccal swab from animal for identi ication of DNA
of the animal victim that may have transferred to the suspect
Assist by informing law enforcement of speci ic items to look for as
evidence
Examine the animal’s full body with an alternative light source,
looking for body luids, ibers, and hair
Collect samples using wet then dry sterile cotton swabs and
package for testing
Conduct full-body imaging to look for other signs of abuse and
speci ic injury to tail
Examine for other evidence of chronic and/or repetitive abuse
Examine tail area for injury due to restraint or pulling
Examine anal and perineal area for bruising or injury
Examine neck region carefully for injury or damage due to
restraint
Evidence is time-sensitive and fragile

DNA testing for human traces: include swabs of lips (exterior and
interior), tongue, perineal and genital areas, vagina, and rectum
Consider toxicology and drug analysis of blood and urine. Collect
samples and consider looking for sedatives or anesthetic agents
Questions
Forms

Evidence Placard
Summary Vet Report
Animal Care
Place animals in protective custody foster if appropriate
on intake
Evaluation by a behaviorist may be useful to the investigation

Rename animal if s/he is made available for adoption
Questions
Forms
Prosecutor

Include counseling as part of sentencing
Include possession ban in sentencing
If the conduct crossed state lines, consider the Preventing Animal
Cruelty and Torture Act (PACT act)
Forms


121.
Edwards, J.M. (2019). Arrest and prosecution of animal sex abuse
(bestiality) offenders in the United States, 1975–2015. J Am Acad
Psychiatry Law. 47 (3): 335–346.
Governor’s Commission on the Humane Treatment of Animals (2020).
IVFSA (2020). Veterinary forensic postmortem examination standards.
2020_with-authors.pdf (accessed August 7, 2021).
Merck, M.D. and Miller, D.M. (2013). Sexual abuse. In: Veterinary
Forensics: Animal Cruelty Investigations, 2e (ed. M.D. Merck), 233–
241. Hoboken, NJ: Wiley-Blackwell.
National Sheriff’s Association (2019). Sheriff & Deputy: 2019 special
Smith-Blackmore, M. and Bradley-Siemens, N. (2020). Animal sexual
abuse. In: Veterinary Forensic Medicine and Forensic Sciences (eds.
J.H. Byrd, P. Norris and N. Bradley-Siemens), 113–128. London: CRC
Press.
Stern, A.W. and Smith-Blackmore, M. (2021). Animal sexual abuse. In:
Veterinary Forensics: Investigation, Evidence Collection, and Expert
Testimony (eds. E. Rogers and A.W. Stern), 349–362. London: CRC
Press.
Case: Drowning
When investigators and veterinarians are presented with a deceased
animal found in a body of water or with the appearance of having been
submerged in water, it can be challenging to determine a de initive
cause of death. While drowning is certainly one possibility, the animal
may have died of hypothermia, or other causes before being submerged
in or saturated with water.
Necropsy should include full-body radiographs to look for skeletal
injuries. Physical examination should also include a search for bruising,
strangulation and ligature wounds, shredded nails, and other signs of
struggle, although when bodies are submerged in water for a period of
time tissue changes may occur that can make these indings more
dif icult to visualize. During necropsy veterinarians may discover
changes and edema in lung tissue, although some drowning cases do
not show visible signs of water inhalation. Submit lung and other tissue
samples for pathology.
Investigators should search the scene where the body was found and
seize any materials that may have been used to restrain or contain an
animal such as bags, crates, or ropes. Interviews with witnesses and a
search for any available surveillance recordings of the area may prove
helpful. Suspects may be found with bite or scratch wounds from the
animal struggling during a drowning event.
Investigator

the investigation
Include diagnostic tests and collection of samples
See Appendix D for comprehensive evidence list

Provide details to the veterinarian regarding how the animal was
found
Look for claw marks on the suspect that would occur during a
struggle
Determine if there was any veterinary care prior to death
Investigate whether other implements were used in the

commission of the drowning (crates, leashes, etc.) – be sure to
seize those as evidence
Note characteristics of the environment and the water
characteristics such as temperature and movement
Questions
Is there any surveillance footage that might have recorded the
incident?
Do the suspect's social media accounts provide information about
the incident or events leading up to the incident and who may have
been a witness?
Forms

Evidence Placard
Veterinarian

Perform full-body radiographs
Collect samples for pathology

Avoid freezing body if possible
Photograph animal and document any visible injury or
abnormality
Collect samples (lungs, heart, liver, kidney, other) for
histopathology to rule out other causes of death and con irm
drowning
Request or create a map of the scene
Document the pain and fear likely involved

Document the time it would take for an animal to drown based on
the evidence reviewed
Questions
Was the animal dead before it was submerged in water?

Forms

Nonliving and Live Evidence Tracking Form
Evidence Placard
Summary Vet Report
Laboratory Submission Forms and chain of custody
Animal Care

secure location
Preserve the remains as evidence and maintain chain of custody
Con irm that location of remains is secure

Forms
Evidence Placard
Prosecutor

appropriate
Use circumstantial evidence to prove the drowning if necessary

Review veterinary records for any admissions to the veterinarian
Consult with the veterinarian on whether circumstantial evidence
is consistent with drowning

release
Include counseling as component of sentencing

CRC Press.
Merck, M.D. and Miller, D.M. (2013). Drowning. In: Veterinary Forensics:
Animal Cruelty Investigations, 2e, vol. 178 (ed. M.D. Merck). Hoboken,
NJ: Wiley-Blackwell.
Case: Poisoning
Cases of accidental poisoning occur when an animal ingests a toxin
such as rodenticide, slug bait, herbicides, pharmaceuticals, illegal drugs,
algae, or poisonous plant material, or when an animal ingests a rodent
that has been poisoned. Intentional poisoning events may be predated
by neighbor disputes over noisy dogs or animals trespassing, and there
may be a history of complaints on ile with animal control or other
agencies.
Antifreeze (ethylene glycol) is well known to be toxic to animals and
readily available, so it may be identi ied in cases of intentional
poisoning. Rodenticides are also readily available and may be hidden in
or combined with meat or canned food left as bait for dogs or cats to
ingest. Investigators should search areas accessible to the animal for
any bait or treats that contain evidence of toxic substances and for any
rodent bait stations or bodies of rodents that the animal may have
accessed.
Some infectious diseases of cats and dogs such as parvovirus,
panleukopenia, or fresh ish disease may be mistaken for poisoning, so
it is prudent to review the pet's vaccination history and status, and
request a veterinarian to rule out infectious disease during the exam or
necropsy. Toxicology tests are speci ic and helpful when determining
what type of toxin an animal ingested, but testing may require
narrowing the list of suspected toxins, thus rule-outs are very
important in these cases prior to submitting samples.
Investigator

the investigation
evidence list
Take photos of the area where the poisoning occurred to show the
veterinarian
Search online neighborhood groups (like Nextdoor) if poisoning
happened at a park
Rule out accidental poisoning
Collect unusual food or treats found in the area
Interview neighbors
Look for surveillance cameras that may have captured relevant
video of the incident
Investigate whether there is a domestic violence component to the

situation (i.e. was the animal poisoned as a means of control or
coercion?)
Garbage pulls may uncover the poison that was used
Questions
Any prior unusual events such as arguments with a neighbor, or
complaints about animal barking or trespassing?
Any problems in the area with rats or rodents such that a neighbor
or other could be utilizing rodenticide for pest control in the
surrounding area?
Any dead rodents or wildlife found in recent days?
Any history of other pets poisoned in the neighborhood?
Is the pet up to date on all vaccines?
Any exposure to or ingestion of raw ish?
Forms
Evidence Placard
Veterinarian
Veterinarian should examine immediately
Collect samples from live animals: feces, blood, stomach contents
(via vomit), serum or plasma, and hair
Complete diagnostics with a broad to narrow diagnosis plan:
complete blood count, serum chemistry, urinalysis, and fecal
Help de ine circumstances of the event based on discussion with
the investigator
Perform full-body imaging if warranted
Rule out other causes of death (trauma, disease)
Collect specimens during necropsy: liver, kidney, urine, stomach,
small and large bowel contents
Preserve fresh samples for toxicology in refrigeration until testing
is narrowed. The lab will direct whether to freeze and how to
transport
Questions
Forms
Evidence Placard
Summary Vet Report
Animal Care

on intake

Document improvements and condition
Questions
Are there restrictions on feeding?
Forms
Prosecutor
– do not group victims/conduct into one count.
Forms


Toxicology https://www.vet.cornell.edu/animal-health-diagnostic-
center/laboratories/toxicology,
https://pubmed.ncbi.nlm.nih.gov/27090769/,
https://journals.sagepub.com/doi/full/10.1177/03009858166419
94 (all accessed August 27, 2021)
Algae poisoning https://vcahospitals.com/know-your-pet/algae-
poisoning (accessed August 27, 2021)
Salmon poisoning https://vcahospitals.com/know-your-pet/salmon-
poisoning (accessed August 27, 2021)
Drug toxicity in animals
https://www.merckvetmanual.com/toxicology/toxicities-from-
human-drugs/toxicities-from-illicit-and-abused-drugs (accessed
August 27, 2021)
Case: Heat Stroke/Hyperthermia

Hyperthermia occurs when an animal's body temperature rises to a
level such that it cannot be lowered by its own physiological
temperature-regulating mechanisms. Animals, dogs most frequently,
left in parked cars are particularly susceptible to heat stroke and likely
the most common scenario in which severe injury or death occurs as a
result. The temperature inside a vehicle can rise as fast as 20°
Fahrenheit every 10 minutes, creating a medical emergency for the
animal. In some cases this emergency is a result of a mistake or lack of
accurate judgment about how the temperature can change, and in
others it is a result of unreasonable and reckless behavior; either may
result in tragedy for the animal.
Signs of heat stroke include nonresponsiveness or hyperactivity,
shaking or seizing, heavy panting, and brick-red gums. The priority in
these cases must be to remove the animal from the hot environment
and begin efforts to lower the body temperature by covering the animal
with a wet towel and applying cool (not cold) water to the abdominal
area and feet while preparing for and transporting to emergency
veterinary services if immediate improvement is not seen or the animal
is nonresponsive. Allow the animal to drink if it is able. Many times the
owner is unavailable and so emergency access to the animal is required.
In addition to providing emergency irst aid to the animal, investigators
should attempt to record the temperature inside the vehicle when the
animal was removed, as well as make note of National Weather Service
records of the temperature on that date and time. Gather witness
information for later contact when time allows. In the case of a
deceased animal, care should be taken to photograph the scene as
evidence. These cases present an emergency situation such that law
enforcement should be able to render aid and seize the animal.
Additionally, many states have laws permitting intervention by citizens
as well as law enforcement on behalf of an animal suffering in a hot
vehicle (https://aldf.org/project/an-avoidable-tragedy-dogs-in-hot-
cars).
Animals con ined or tied outdoors without shade or indoors without
ventilation are at risk of heat stroke. Livestock and horses that have
been overexercised on hot days and not cooled and watered properly
may experience heat-related emergencies. Animals in poor condition,
overweight animals, and those with heavy fur coats are more
susceptible to overheating, as are short-nosed dog breeds such as
bulldogs and pugs.
Heat stroke is life threatening and can cause permanent organ and
brain damage in animals that do survive. These cases require swift
veterinary response for the animal and bene it from a veterinarian's
reporting and testimony at trial to explain the mechanisms of heat
stroke and the risk to the animal.
Investigator
evidence and investigation
evidence list.
Provide immediate irst aid to the animal. Begin efforts to lower

body temp on scene – apply water blankets, soak foot pads, etc.
Call ahead to veterinary clinic so they can be ready to provide
emergency care
Transport for care
Document the conditions and relay those to the veterinarian
Record temperature inside vehicle or weather at scene
Collect witness information for later interview
Research weather, date, time, location of event. Use reliable
weather sources
Interview witnesses regarding how long the animal was subjected
to the conditions when time allows
Questions
What conditions led to the emergency? Locked in hot car with
windows up, tied outside without shade?
Did the vehicle have a mechanism for cooling that malfunctioned?
Forms
Evidence Placard
A16.2 Veterinarian

Initiate emergency care for hyperthermia if animal is alive
Document speci ic necropsy characteristics: rigor, generalized
autolysis of tissues, petechiae of skin, internal organs, and
abdominal cavity
Examine animal and records for previous/chronic injuries or
pattern of injuries
Collect samples for pathology – heart, lung, kidney, and others as
needed
Use “hot car calculator,” available online, to approximate time in
heated environment to cause injury or stroke

If animal survives, document any lasting impact of incident (brain
damage, chronic seizures, etc.)
De ine the circumstances of the events based on questions and the
reports/records
Questions
What was the ambient temperature at the time?
Do physical exam or necropsy indings conclude heat exhaustion
or stroke? Rule out other causes
Forms
Evidence Placard
Summary Vet Report
Animal Care
on intake
Questions
Forms
Prosecutor
witnesses

Use the veterinarian to discuss timeline and pain related to the
incident

Does the mental state of the offender meet the statutory
requirements?
Con irm whether the surviving victim animal suffered long-term
permanent damage and charge accordingly
Forms
Estimated vehicle interior air temperature vs. elapsed time

Elapsed time Outside air temperature (°F)
70 75 80 85 90 95
0 min 70 75 80 85 90 95
10 min 89 94 99 104 109 114
20 min 99 104 109 114 119 124
30 min 104 109 114 119 124 129
40 min 108 113 118 123 128 133
50 min 111 116 121 126 131 136
60 min 113 118 123 128 133 138
>1h 115 120 125 130 135 140
American Veterinary Medical Association. Pets in vehicles. https://www.avma.org/resources-
tools/pet-owners/petcare/pets-vehicles (accessed August 27, 2021).

American Veterinary Medical Association. Pets in vehicles.
https://www.avma.org/resources-tools/pet-owners/petcare/pets-
vehicles (accessed August 27, 2021).
Animal Legal Defense Fund (2018). Please don't leave me in the car.
https://aldf.org/wp-content/uploads/2018/07/FLYER_Dog-in-hot-
car.pdf (accessed August 27, 2021).
Merck, M.D., Miller, D.M., and Reisman, R.W. (2013). Heat stroke. In:
Veterinary Forensics: Animal Cruelty Investigations, 2e, vol. 218 (ed.
M.D. Merck). Hoboken, NJ: Wiley-Blackwell.
Case: Cockfighting
Cock ighting is illegal in all 50 states and the District of Columbia. In
many states cock ighting is a felony and additional laws criminalize the
possession of cock ighting paraphernalia or attending cock ights as a
spectator. Federal laws also apply in these cases, as buying, selling,
exhibiting, and shipping ighting birds is considered a misdemeanor
offense under a 2002 amendment to the Animal Welfare Act of 1996.
Considered a “blood sport,” trained roosters ight to the death in high-
stakes matches called “derbies.” During these well-organized and highly
secretive events, spectators and cock ighters wager up to thousands of
dollars on the matches in which birds are out itted with 3-in. blades
called “gaffs” strapped to their legs. Cock ighting roosters are
conditioned for matches, and are often injected with testosterone and
other steroids to enhance their performance. Their combs and wattles
are removed for ighting. Cock ighting is almost always associated with
other serious crimes such as gambling, drug distribution, gang activity,
and human traf icking.
Cock ighting cases are challenging due to the number of birds involved
as well as the lengths individuals participating in the cruel sport will go
to keep their activities (both ighting and keeping of birds) secret. Cases
require a multi-agency approach and should include federal, state, and
local law enforcement response. Cases may include multiple suspects
and several locations where birds are kept, conditioned, and fought.
Most animal shelters are not equipped to house the type and number of
birds seized in cock ighting cases, thought must be given to the
construction and staf ing of secure and humane Protective Custody
holding facilities. Birds must be housed individually and should
undergo behavioral evaluation to determine if they can safely be
introduced into home chicken locks or sanctuaries upon release from
evidence. Some states allow for ighting roosters to be “seized in place”
which may be the only viable option when faced with a case involving
hundreds of birds.
Investigator
the investigation
evidence list

Secure a facility for holding birds
Request and/or coordinate multi-agency response
Create a search and seizure plan
Set up and supervise on scene animal count
Research social media and enthusiast websites/chat rooms for
history of breeding, selling, buying
Identify ighting birds by physical alterations, housing set-up
Identify training and treating equipment as well as evidence of
breeding, ighting, altering, selling, and transporting birds
Map of scene, photograph enclosures with birds in place as well as
evidence in place
Search for records of sales, supply receipts, match rosters,
magazines, photos, and classi ied ads
Look for other victim animals at the location (dogs, other livestock,
etc.)
Interview neighbors about activity at the scene

Physical hazards, personal protective equipment (PPE), handling
equipment
May require translator for interviewing suspects or witnesses
Guard dogs, weapons, security fencing, etc.
Be aware of other criminal activity
Document deceased birds
Be prepared to respond to the excuse that the birds are showing
roosters not ighting roosters
Animal care agency will need advance notice to adequately
prepare to assist
Consider surveillance of ighting events
Questions
What does your state criminalize? Is the possession of the ighting

paraphernalia a crime? Is attending a cock ight a crime?
Is there a federal agency that might be conducting an undercover
investigation?
Is this location the primary location or part of a bigger ring?
Will you be able to seize non ighting birds (i.e. the hens/chicks)?
Is seizing in place an option and what would that look like and is it
safe?
Forms
Search Warrant Example

List of Evidence to Search and Seize
Veterinarian
Exam or evidence collection within 24 hours
Provide information to law enforcement during service of search
warrant regarding conditions of birds and nature of evidence
found on scene (steroids, antibiotics, and ighting equipment such
as muffs and gaffs)
Exam and photography of birds
Set up treatment and care plan for population
Determine the process for euthanasia if required

Consider zoonotic diseases and take precautions accordingly
Coordinate with state and federal authorities (Department of
Agriculture, Department of Public Health) who may have
jurisdiction and guidance related to poultry such as in luenza
testing, euthanasia, or other speci ic requirements.
Questions
What other agencies are involved and who is in charge of the

scene?
Forms
Fighting Bird Exam Form
Evidence Placard
Veterinary Forensics Report
Summary Vet Report
Animal Care
on intake

scene
each animal
Large numbers of birds

Separation of ighting birds
Noisy population
Identi ication of each bird
Plan for ultimate disposition
Prepare for media interest in the case and the disposition of the
birds
Questions
Who owns the birds?
What protocols are required by the state's department of
agriculture?
Forms
Evidence Placard
Volunteer Con identiality Forms
Prosecutor

File a charge on each victim animal and/or each criminal incident,

Show the housing of the animals and the trimming/dubbing of the
roosters
Show the ratio of roosters to hens and explain how that is
indicative of cock ighting; circumstantial evidence of a cock ighting
operation

Other crimes connected: child endangerment, irearms, drugs,
gambling, animal neglect, racketeer in luenced and corrupt
organizations (RICO), and gang activity
Multiple defendants
into one count
Questions
Does the law permit seizing the birds in place?

Does the state have a speci ic statute regarding disposition of
ighting birds?
Forms
Example Cock ighting Warrant
Release Order Template

https://www.humanesociety.org/resources/cock ighting-fact-sheet,
https://aldf.org/article/animal- ighting-facts/animal- ighting-state-
laws, https://www.ncsl.org/research/agriculture-and-rural-
development/cock ighting-laws.aspx (all accessed 6 September
2021).
Merck, M.D. (ed.) (2013). Veterinary Forensics: Animal Cruelty
Investigations, 2e. Hoboken, NJ: Wiley-Blackwell.
The American Standard of Perfection, Illustrated. A Complete
Description of all Recognized Varieties of Fowls, American Poultry
Association, Andesite Press (August 8 2015).
Case: Dogfighting
Felony laws prohibit dog ighting in all 50 states. Dog ighting is a blood
sport in which dogs are bred and conditioned to ight each other in a
ring until one dog is disquali ied usually due to injuries so severe it
cannot continue. It is often associated with other criminal conduct such
as drug use and distribution, illegal irearms, racketeering, and gang
activity. Federal laws exist prohibiting dog ighting and some states
include the possession of training and ighting paraphernalia as
separate criminal offenses. Reports from the public often stem from
someone witnessing a dog breeding operation or individuals
conditioning and training dogs. Dog ights themselves may be highly
organized events carrying high stakes or may take place on a more
amateur level, but are nearly always conducted in secret. These cases
involve multiple suspects and animals may be co-owned by several
individuals.
Cases should include a multi-agency investigation and response with
federal, state, and local law enforcement involvement. Detailed
planning is paramount to ensuring scene and of icer safety.
Veterinarian participation in warrant execution will ensure any
critically ill or injured dogs are triaged immediately. Animal sheltering
organizations involved in the handling and housing of dogs bred for
ighting must engineer kenneling and exercise enclosures as well as
operational plans that take the dogs’ behavior into account, as animals
from these cases are often aggressive to other dogs. Enclosures may
need to include barriers preventing a dog from seeing the dog next to
or across from it and plan for one-way movement of dogs to and from
kennels and exercise yards.
Because these dogs represent a signi icant inancial asset for their
owners, facilities where they are held must be secure as suspects may
be inclined to try to regain possession of their animals. Dogs from
ighting cases often require behavioral rehabilitation as well as
extensive veterinary care to address untreated or serious wounds and
injuries.
Investigator
the investigation

Create a search warrant preparation checklist
Coordinate multi-agency response
Plan for handlers, animal capture and handling equipment,
personal protective equipment, bolt cutters
Plan for a veterinarian to assist with a search warrant execution
and immediate veterinary exams of all seized animals
Map and photograph/video scene
Photograph and assign evidence ID to each animal
Search for evidence of breeding, medical treatment, training and
conditioning, ighting, buying, selling
Search for paraphernalia such as trophies, ribbons, recordings of
matches, hobby magazines, match rosters
Search for equipment such as treadmills, break sticks, carpets and
panels, harnesses and leashes, tire swings
Establish ownership of each animal
Be sure to seize computers and phone(s)

Often connected to another criminal activity: irearms, drugs,
gangs, racketeer-in luenced and corrupt organizations (RICO),
illegal gambling
Understand how to interview in a way to refute weight-pulling
competitions excuse
Understand the terminology used in social media to discuss the
dogs and events associated with dog ighting
Consider applicable federal charges
Evaluate whether ighting dog DNA database is helpful/relevant
Search for animal remains on the property
Be aware of other victims: children, bait animals
Do not leave behind pregnant female dogs who do not have clear
ighting wounds
Animal care agency will need advance notice to adequately
prepare to assist
Questions
Could a federal agency be investigating undercover?

What is criminalized in your state? Owning ighting paraphernalia?
Attending a ight?
Is the current case the primary location of the ights or is further
investigation needed to uncover a larger ring?
Forms
Animal Cruelty Case Consent to Search
Example Dog ighting Af idavit and Search Warrant
Evidence Placard
Veterinarian
Examination or evidence collection within 24 hours

Assist law enforcement in identifying evidence related to breeding,
ighting, and conditioning
Identify breeding, ighting, and all dogs on scene
Review for old injuries or pattern of injuries and conduct
diagnostic imaging of the full body
Look for other evidence of cruelty (neglect or additional
injuries/wounds)
Check for microchip/tags as a way to con irm ID
Collect samples for baseline: fecal, urinalysis, complete blood
count, and chemistry panel
Review medical records, medications, and supplies found on scene
Map wounds to face, forelimbs, body
Document acute and chronic scars
Document the pain and fear likely involved
Collect DNA sample for ighting dog database
Questions
How many dogs are involved in the case?

What other agencies are involved? What are the speci ic roles?
Forms

Evidence Placard
Summary Vet Report
Animal Care

on intake

scene
Provide care and treatment (as directed by a veterinarian) to
victim animals from the case
Adequately track the chain of custody of evidence animals and any
other evidence related to the case in connection with the animals
Begin behavior enrichment and rehabilitation for victim animals
Document wound healing and provide to law enforcement and
prosecutor
Protect staff and resident shelter animals from potential incident
Create plan for safe movement and assess risk
Assess whether animal(s) are candidates for Protective Custody
foster and initiate process for foster placement where appropriate

Treat each enclosure as separate crime scene
Consider temperament of victim animals
Include behavior rehab as part of treatment
Questions
Who owns the dogs? Are they seized?
Who will determine outcome for the dogs?
What is the media plan?
Forms
Evidence Placard
Con identiality Agreement
Prosecutor

Consider other animal cruelty charges of neglect and abuse
Charge for each victim animal and each ight as a separate criminal
incident
Don’t concede unnecessary ground by grouping victims/conduct
into one count
release
Consider other crimes such as gambling, irearms, RICO

Animal Legal Defense Fund (n.d.). Animal ighting: State laws.
https://aldf.org/article/animal- ighting-facts/animal- ighting-state-
laws (accessed 7 August 2021).
Gardiner, J. (2018). CANINE CODIS.
https://vgl.ucdavis.edu/forensics/canine-codis (accessed 7 August
2021).
Governor’s Commission on the Humane Treatment of Animals (2020).
Humane Society (n.d.). Dog ighting fact sheet.
https://www.humanesociety.org/resources/dog ighting-fact-sheet
(accessed 7 August 2021).
Merck, M.D. (2013). Animal ighting. In: Veterinary Forensics: Animal
Wiley-Blackwell.
National Sheriff’s Association (2019). Sheriff & Deputy: 2019 special
Rogers, E.R. (2021). Blood sports. In: Veterinary Forensics: Investigation,
Evidence Collection, and Expert Testimony (eds. E. Rogers and A.W.
Stern), 8–14. London: CRC Press.
Webb, K.M. (2021). DNA evidence collection and analysis. In: Veterinary
Appendix B: Forms and Checklists
Title: Minimum Care Checklist
Purpose: This checklist is helpful when recording conditions
related to food, water, shelter, and other aspects of minimum
care in animal cruelty investigations
Title: Multi-Animal Site Visit Report
Purpose: This form provides speci ic areas for investigators to
record conditions in suspected hoarding and other types of
cases involving many animals
Title: On Scene Habitat Evaluation
Purpose: In multi-animal investigations, such as puppy mills
and substandard rescue operations, this form is to be
completed for each unit during inspections or crime scene
processing as a means to accurately record conditions inside
each cage or enclosure
Title: Large Animal Premises Inspection Report
Purpose: This form provides a means for the investigator to
record conditions in livestock and horse multi-animal cases
Title: Action Notice
Purpose: This form is helpful when documenting and
communicating instructions for correction of de icient
conditions
Title: Animal Cruelty Case Consent to Search Form
Purpose: Documentation of an individual voluntarily
consenting to a search of their person, residence, outbuildings,
vehicle(s), and/or animals
Title: Animal Cruelty Case Relinquishment Form
Purpose: Documents the clear transfer of custody and/or
ownership of an animal related to a criminal investigation
Title: Medical Exam Equipment Checklist
Purpose: A checklist of basic equipment, forms, and items to
include when preparing to conduct live animal forensic
examinations
Title: Veterinary Forensic Exam Form
Purpose: Provides an outline for the forensic live animal exam
process and notations
Title: Game Cock Physical Evaluation Form
Purpose: Physical examination form for cock ighting cases
Title: Necropsy Exam Notes Form
Purpose: Provides an outline for the forensic necropsy process
and notations
Title: Animal Observation Chart (Appetite, Elimination, and
Weight)
Purpose: Form for recording daily observations of animals held
in Protective Custody
Title: Live Evidence Tracking Form
Purpose: This form acts as an evidence report, chain of custody,
and disposition form for live animals held as evidence
Title: Live Animal Evidence Tracking Continuation Page
Purpose: This form is a supplement to the Live Evidence
Tracking Form and allows for continuous chain of custody
documentation for the duration of a live animal’s status as
evidence
Title: Nonliving Evidence Tracking Form
Purpose: This form acts as an evidence report, chain of custody,
and disposition form for nonlive evidence, such as animal
remains, medication, documents, and weapons.
Title: Nonliving Evidence Tracking Continuation Page
Purpose: This form is a supplement to the Nonliving Evidence
Tracking Form and allows for continuous chain of custody
documentation of evidence
Title: Crime Scene Access Log
Purpose: Allows for documentation of all individuals accessing
a crime scene. Helps ensure there is no unauthorized access to
the scene
Title: Crime Scene Processing Roles and Responsibilities
Purpose: Provides guidelines and role assignments for
thorough crime scene documentation and processing
Title: Evidence Placard
Purpose: Template for basic evidence photo placard
Title: Evidence Transport Inventory and Tracker
Purpose: This form tracks the chain of custody of animals (or
other evidence) during loading onto transport vehicles at the
scene and unloading at the evidence intake location. Con irms
which animals/evidence were transported on which vehicle
Title: Transport Vehicle Log
Purpose: During search warrant execution and animal seizure,
this form resides with the logistics coordinator and logs all of
the vehicles transporting the evidence
Title: Case Animal Intake Checklist
Purpose: Outlines the process for the intake of animals to
ensure all necessary steps are completed
Title: Af idavit and Search Warrant Drafting Checklist
Purpose: This document is useful to ensure that search warrant
drafts are accurate and include all required elements
Title: Crime Scene Processing Supply List
Purpose: Supplies needed for seizures and crime scene-
processing operations
Title: Camera Log
Purpose: For authentication purposes, this form creates a
record of all individuals collecting photographic evidence at the
crime scene
Title: Property in Custody and Evidence Receipt
Purpose: Use of this form provides a complete inventory of
every item of evidence seized from the scene of a crime and
taken into protective custody. Acts as a receipt to be provided
to the owner of the property
Title: Case Submission Checklist
Purpose: This checklist will help ensure that all necessary steps
are taken to collect and provide all discoverable information
related to an animal cruelty investigation
Title: Case Submission Inventory
Purpose: Clearly noti ies recipients of what is included in the
submitted case packet
Title: Case Timeline
Purpose: A quick reference for anyone reviewing a case ile to
understand the order in which relevant events occurred
Title: Witness List
Purpose: For use during search warrant execution, scene
processing, and case packet preparation this form provides a
single location for the names, contact information, and roles of
every participant
Title: Costs-of-Care Lien Foreclosure Checklist
Purpose: This checklist ensures all necessary steps are
followed to foreclose on a costs-of-care lien related to animals
from a cruelty case
Title: Example Forfeiture Hearing Checklist
Purpose: Use this checklist, amended to re lect the laws in your
state, to con irm all elements of your bond-or-forfeit statute
have been satis ied such that you are prepared to move
forward with a hearing on the issue

Purpose: This checklist is helpful when recording conditions related to
food, water, shelter, and other aspects of minimum care in animal
cruelty investigations
Purpose: This form provides speci ic areas for investigators to record
conditions in suspected hoarding and other types of cases involving
many animals
Purpose: In multi-animal investigations, such as puppy mills and
substandard rescue operations, this form is to be completed for each
unit during inspections or crime scene processing as a means to
accurately record conditions inside each cage or enclosure
Purpose: This form provides a means for the investigator to record
conditions in livestock and horse multi-animal cases
Action Notice
Purpose: This form is helpful when documenting and communicating
instructions for correction of de icient conditions
Animal Cruelty Case Consent to Search
Form
Purpose: Documentation of an individual voluntarily consenting to a
search of their person, residence, outbuildings, vehicle(s), and/or
animals
Purpose: Documents the clear transfer of custody and/or ownership of
an animal related to a criminal investigation
Medical Exam Equipment Checklist
Purpose: A checklist of basic equipment, forms, and items to include
when preparing to conduct live animal forensic examinations

Purpose: Provides an outline for the forensic live animal exam process
and notations
Game Cock Physical Evaluation Form
Purpose: Physical examination form for cock ighting cases
Purpose: Provides an outline for the forensic necropsy process and
notations
Animal Observation Chart (Appetite,
Elimination, and Weight)
Purpose: Form for recording daily observations of animals held in
Protective Custody
Live Evidence Tracking Form
Purpose: This form acts as an evidence report, chain of custody, and
disposition form for live animals held as evidence
Live Animal Evidence Tracking Continuation
Page
Purpose: This form is a supplement to the Live Evidence Tracking Form
and allows for continuous chain of custody documentation for the
duration of a live animal’s status as evidence
Purpose: This form acts as an evidence report, chain of custody, and
disposition form for nonlive evidence, such as animal remains,
medication, documents, and weapons.
Nonliving Evidence Tracking Continuation
Page
Purpose: This form is a supplement to the Nonliving Evidence Tracking
Form and allows for continuous chain of custody documentation of
evidence
Crime Scene Access Log
Purpose: Allows for documentation of all individuals accessing a crime
scene. Helps ensure there is no unauthorized access to the scene
Crime Scene Processing Roles and
Responsibilities
Purpose: Provides guidelines and role assignments for thorough crime
scene documentation and processing
Evidence Placard
Purpose: Template for basic evidence photo placard
Evidence Transport Inventory and Tracker

Purpose: This form tracks the chain of custody of animals (or other
evidence) during loading onto transport vehicles at the scene and
unloading at the evidence intake location. Con irms which
animals/evidence were transported on which vehicle
Transport Vehicle Log
Purpose: During search warrant execution and animal seizure, this
form resides with the logistics coordinator and logs all of the vehicles
transporting the evidence
Purpose: Outlines the process for the intake of animals to ensure all
necessary steps are completed
Affidavit and Search Warrant Drafting
Checklist
Purpose: This document is useful to ensure that search warrant drafts
are accurate and include all required elements
Crime Scene Processing Supply List
Purpose: Supplies needed for seizures and crime scene-processing
operations
Camera Log
Purpose: For authentication purposes, this form creates a record of all
individuals collecting photographic evidence at the crime scene
Property in Custody and Evidence Receipt
Purpose: Use of this form provides a complete inventory of every item
of evidence seized from the scene of a crime and taken into protective
custody. Acts as a receipt to be provided to the owner of the property
Case Submission Checklist
Purpose: This checklist will help ensure that all necessary steps are
taken to collect and provide all discoverable information related to an
animal cruelty investigation
Case Submission Inventory
Purpose: Clearly noti ies recipients of what is included in the submitted
case packet
Case Timeline
Purpose: A quick reference for anyone reviewing a case ile to
understand the order in which relevant events occurred
Witness List
Purpose: For use during search warrant execution, scene processing,
and case packet preparation this form provides a single location for the
names, contact information, and roles of every participant
Costs-of-Care Lien Foreclosure Checklist

Purpose: This checklist ensures all necessary steps are followed to
foreclose on a costs-of-care lien related to animals from a cruelty case

Purpose: Use this checklist, amended to re lect the laws in your state, to
con irm all elements of your bond-or-forfeit statute have been satis ied
such that you are prepared to move forward with a hearing on the issue
Example Forfeiture Hearing Checklist (Oregon)
The animal was impounded pursuant to ORS 167.345.

A “peace of icer” (de inition at ORS 161.015 (4)) had PC to
believe that the animal was being subjected to treatment in
violation of [speci ic animal cruelty law] and impounded the
animal.
The animal is being held by a county animal shelter or an animal
care agency.
There is a pending criminal action charging a violation of the
animal cruelty laws.
Have judge take judicial notice of charging document or
citation.
Note: As of 2017, each individual animal does not need its own
separate criminal charge to be forfeited.
There is probable cause to believe that the animal was subjected to
a violation of [speci ic animal cruelty law].
Note: Not a requirement to prove which speci ic person
subjected the animal to the violation.
(If necessary) Proper notice for the hearing was given, either in
person or by publication, to all potential claimants.
Establish an amount suf icient to repay all reasonable costs
incurred, and anticipated to be incurred, in caring for the animals
from the date of initial impoundment to the date of trial.
Credit: Jake Kamins

Appendix C: Templates and Agreements
Title: Memorandum of Understanding Template
Purpose: Sample language for agreements to assist between
law enforcement agency and animal care/rescue entities
Title: Communications–Media Policy Template
Purpose: Outlines the communication channels between the
media and the organization, and provides guidelines on
releasable information in criminal cases that protects both the
individuals involved and the community
Title: Con identiality Agreement
Purpose: This document ensures all volunteers assisting with a
criminal investigation and the animals related to criminal
investigations understand the importance of and agree to
maintain con identiality
Title: Protective Custody Foster Care Agreement
Purpose: This adaptable agreement provides clear parameters
around the requirements of fostering an animal in protective
custody status. This allows the victim animal to be housed in
the most humane way while not creating a vulnerability in the
criminal case
Title: Sample Veterinary Clinic Reporting Policy/Protocol
Purpose: This document serves as an adaptable policy and
protocol template for veterinary clinics to implement regarding
the process for reporting suspected animal cruelty
Title: Summary Vet Report
Purpose: This form may be used to summarize veterinary
examination indings and connect the indings with
circumstances of the case where relevant
Title: Scene Processing Witness Report
Purpose: Provides a template for participants in a search
warrant execution or crime scene processing to document their
role and what they observed
Title: Animal Cruelty Af idavit Template
Purpose: This template provides the structure for an af idavit
in an animal cruelty case that will prompt of icers to provide
the necessary information about training, probable cause, and
evidence
Title: Animal Cruelty Search Warrant Template
Purpose: This template pairs with the Animal Cruelty Af idavit
Template to ensure that the information included in the
warrant is clear, thorough, and mirrors that of the af idavit
where necessary
Title: Animal Cruelty Warrant Return Template
Purpose: This template completes the Animal Cruelty Af idavit
and Search Warrant package by providing guidance on
language for generating thorough search warrant return
documentation
Title: Bill of Sale and Relinquishment of Animal Ownership
Template
Purpose: Use this template when an agreement with a suspect
animal owner is made to relinquish ownership of some or all of
their animals who are being held in protective custody in
relation to a criminal animal cruelty investigation
Title: Forfeiture Petition Template
Purpose: This template gives guidance on the petition iled
with the court to request a hearing that initiates the bond-or-
forfeit process where state law allows
Title: Forfeiture Order Template
Purpose: Where state law allows, use this template to generate
the order made at the conclusion of the bond-or-forfeit process
Title: Lien Foreclosure Notice Document Template
Purpose: Provides a template (to be adapted to comply with
your state guidelines) for creating the document that gives the
required legal notice of a lien foreclosure
Title: Sample Newspaper Notice Ad Template for Lien
Foreclosure
Purpose: Provides sample language for posting notice of
foreclosure hearing as required by law
Title: Script Template for Lien Foreclosure Sale
Purpose: This script ensures that all the necessary components
of a lien foreclosure sale are met when conducting the sale, but
should be reviewed and adapted to comport with state laws in
the jurisdiction
Title: Notice Letter of Future Discovery Template
Purpose: This letter, to be included with the discovery
materials in a case, puts the prosecutor and other parties on
notice that animals are still being cared for in connection with
the case and additional discovery should be
expected/requested
Title: Restitution Cover Letter Template
Purpose: Include this restitution cover letter in the discovery
provided to the prosecutor's of ice to summarize the costs
associated with the case up to the point of submission and
provide notice of expected future costs
Title: Restitution Waiver Template
Purpose: If you will not be seeking restitution in a case, use this
template to notify the prosecutor's of ice
Title: Request for Live Animal Evidence Disposition Template
Purpose: This request can accompany the submission of the
Live Evidence Tracking Form, and may be used to inform law
enforcement and prosecutor contacts about the importance of
a timely release of live animal evidence
Memorandum of Understanding Template

Purpose: Sample language for agreements to assist between law
enforcement agency and animal care/rescue entities
This MEMORANDUM OF UNDERSTANDING, hereafter referred to as

MOU, is by and between [insert agency name], hereinafter referred to
as [insert abbreviation], and the [insert organization], [insert
description of organization] located in [insert city and state],
hereinafter referred to as [insert abbreviation].
A. PURPOSE
The purpose of this MOU is to establish a partnership between
[insert agency] and [insert organization] with respect to
[insert case number]. The MOU will clearly identify the roles and
responsibilities of each party. The purpose of the partnership is to
ensure the successful enforcement of [insert state]'s animal
welfare laws and to streamline cooperation between the agencies
in order to expedite the criminal justice process.
B. ROLES AND RESPONSIBILITIES
[Insert agency] agrees to:
a. [List terms the agency needs to meet in order to collaborate

with the organization, the following are examples…]
Seize animals by warrant only.
Reference authority under [insert statute] in the warrant.
Submit warrant af idavit to [insert organization] for review prior
to warrant service (days prior when possible).
Ensure adequate communication with [insert organization] on all
correspondence regarding the progress of the case.
Provide notice of forfeiture and foreclosure remedies to animal
owner(s) on the day of the seizure.
Notify animal owner(s) of costs that will accrue in connection with
the animal(s) care on the day of the seizure.
Defer to [insert organization] choice of veterinarian for on-site
care.
Defer to [insert organization] veterinary recommendations for
continued care of the animals.
Collaborate with [insert organization] in a timely manner with
regard to press releases and media involvement.
Provide inalized reports related to the case to [insert
organization].
Submit case to the prosecutor's of ice for consideration of charges
in a timely manner after animal seizure.
Adhere to the following stipulations regarding expenses incurred
in connection with caring for and medically treating all seized
animals:
[Outline the terms of the agreement with respect to who is
responsible for paying these costs and the method by
which those costs will be invoiced and paid.]
[Insert organization] agrees to:
a. [List terms the organization needs to meet in order to

collaborate with the agency. The following are examples…]
Review warrant af idavit prior to submission to prosecutor or
judge.
Take custody of animals that were procured by warrant only.
Respond to all correspondence with [insert agency] in a timely
manner.
Adhere to scene safety protocols.
Maintain con identiality regarding the case and the victim animals.
Provide all necessary daily care to all animals seized, including but
not limited to proper nutrition and adequate shelter.
Provide all veterinary care to all seized animals.
Hold animals in “Protective Custody” until documentation is
received indicating their release from this status.
Maintain chain of custody for all seized animals.
Provide behavior training and enrichment to all seized animals.
Notify [insert agency] and the prosecutor's of ice if any animal
from this population experiences a medical emergency, dies, or
produces offspring.
Adhere to the following stipulations regarding expenses incurred
in connection with caring for and medically treating all seized
animals:
[Outline the terms of the agreement with respect to who is
responsible for paying these costs and the method by
which those costs will be invoiced and paid.]
This MOU will be in effect until inal resolution of the criminal case.
In the event of any dispute between the parties concerning the terms of
this MOU, the prevailing party shall be entitled to collect from the other
party all reasonable costs incurred, including attorneys' fees.
[Insert organization]Authorized of icial: ___________________________

Signature _________________________________Printed name and title
[Insert agency]
Authorized of icial: ___________________________________ Signature

______________________________Printed name and title

Communications–Media Policy Template

Purpose: Outlines the communication channels between the media and
the organization, and provides guidelines on releasable information in
criminal cases that protects both the individuals involved and the
community
Purpose
The media has an important responsibility in helping the public
understand our valuable role in the community and acts as an essential
community partner in raising awareness around animal cruelty. It is
imperative that the media is provided lawful, timely, and accurate
information on animal cruelty cases to relay to the public, particularly
given the substantiated link between animal crime and human violence.
To mitigate potential con licts in the freedom to report the news and
the right of an accused to a fair trial, [insert agency/organization
name] has adopted the [insert state/local guidelines on permissible
information to release]. These guidelines are intended to keep the
public informed without violating the rights of any individual. It is the
intent of [insert agency/organization name] to adhere to those
guidelines as addressed below.
The [insert agency/organization name] will supplement the [insert
state/local guidelines on permissible information to release] with
additional standards that address the unique circumstance of living
evidence.
These guidelines are intended to assist those assigned the task of
releasing information to the media and public. They do not prohibit
release of, or publication of, information needed to identify or aid in the
capture of a suspect and protect animals, or information appropriate
for disclosure after arrest in the public interest. Neither do they
proscribe publication of information already in the public domain.
Policy
[Insert agency/organization name] must balance promoting public
understanding of the seriousness of animal crimes through media
coverage, the constitutional rights of a suspect or a defendant, the
integrity of the criminal investigation, including evidence, and the
safety of all involved.
It is the policy of [insert agency/organization name] to furnish to
members of the media such timely information as may properly be
published, broadcast, or televised. The purpose of this policy is to
provide a reference to assist the employees of [insert
agency/organization name] in this endeavor by providing an outline
of releasable information.
[Insert agency/organization name] shall designate an employee as
the Public Information Of icer (PIO). Only the PIO is authorized to
release sanctioned case information to the media. The PIO is available
to answer communications-related questions, prepare news releases,
and help coordinate [insert agency/organization name]'s response
during and following major events. The PIO coordinates all direct
media inquiries.
The PIO is expected to be familiar with all guidelines outlined in this
policy. [Insert agency/organization name] employees are expected to
seek assistance or information from the PIO in high-pro ile matters or
cases where the employee is unsure of the proper way to proceed with
respect to communication issues.
Guidelines
According to [insert state/local guidelines on permissible
information to release], it is generally appropriate to disclose or
report the following:
[Include a list of the information approved for release as per
the guidelines in your jurisdiction.]
Procedure
Procedure for Interdepartmental Exchange of Information
The following guidelines consist of principles outlined in the [insert
state/local guidelines on permissible information to release] as
well as internal [insert agency/organization name] principles
regarding disclosure and reporting of information associated with
criminal investigations:
In all criminal cases, the PIO will generate a “Case Summary” to be

distributed to internal departments/programs as needed. The
production of the Case Summary will be a component of the
internal case inalization process and is provided to aid [insert
agency/organization name] in coordinating the organization's
response to a case.
The “Case Summary” will include:
Name of suspect, only after arraignment or grand jury
proceedings
Location of the incident: street and city
Other agencies involved
Current status of the case
If citation has been issued, then charges listed on the cite
Facts establishing the nature of the incident
Status of any victim animals in the case
Any photos or video footage approved for release as per this
policy.
The PIO will not make available to the media primary witnesses in
any case unless the case is closed or adjudicated.
“Adjudicated” is de ined as the legal process of judicially
deciding a case. As it is used in this policy, a criminal case will
be considered “closed” or “adjudicated” when a judgment has
been entered by the circuit court with jurisdiction.
Any and all photos or video taken of an animal involved in a
criminal case, regardless of ownership status, while it is in the
custody or control of [insert agency/organization name] shall be
turned over as discovery in the case.
Photographs and information regarding a wanted suspect may be
released by [insert agency/organization name] as necessary to
enlist the public's help in apprehending the individual, provided
the release does not interfere with enforcement of the law. Such
disclosure may include photographs as well as records of prior
arrests and convictions to the extent the information helps inform
the public of the danger posed by the wanted suspect.
The PIO is responsible for informing relevant [insert
agency/organization name] departments in a timely manner of
any court proceedings or status changes with the animals in every
animal cruelty criminal case.
Once a case has been adjudicated, the PIO will send a follow-up
report to relevant [insert agency/organization name]
departments with the following information:
Case outcome
Sentence (if applicable)
Name of the judge who sentenced or acquitted the
defendant(s)
Digital copies of any photos or video that were used as exhibits
in the case (if applicable)
“Adjudicated” is de ined as the legal process of judicially
deciding a case. As it is used in this policy, a criminal case will
be considered “closed” or “adjudicated” when a judgment has
been entered by the circuit court with jurisdiction.
Procedure When Live Evidence Is Seized
Photos and video
The PIO (or designee) may take photo and video footage of the
evidence animals postseizure and this footage may be made available to
the media.
All photos and video taken shall be provided in the discovery

materials for the case.
The PIO (or designee) must adhere to chain of custody protocols
while photographing or videotaping seized animals.
The PIO (or designee) shall not take any photos or video footage of
the forensic exam or any other evidentiary process taking place.
There will be no private media events to view or photograph
seized animals.
No photos taken on scene will be released by [insert
agency/organization name] unless there is written consent by
the owner (animal and property owner if not the same).
Procedure in Cases Involving a Search Warrant
If circumstances require it, the PIO may respond to the location of

the search warrant execution for the sole purpose of being the
point of contact for any media interactions that take place at the
scene.
After the warrant has been executed and the property has been
cleared, the following information will be provided to the PIO as
soon as the warrant return has been submitted:
A copy of the signed af idavit/search warrant/search warrant
return
Digital copies of any photos and/or exhibits to the af idavit or
warrant return.
The PIO shall not provide copies of the af idavit, the search
warrant, or the search warrant return to any outside media
contacts.
Procedure for Disseminating Information

[Insert agency/organization name] will disseminate information to
the news media primarily through two methods:
1. A written media release for email delivery that is prepared by the

PIO based on the Case Summary materials, any publicly available
documents and/or photos and video footage, and any photo
and/or video footage taken by [insert agency/organization
name] in compliance with this policy.
2. Invitations to the media to attend a press conference with the PIO
as the spokesperson for [insert agency/organization name].
Any statements made by the PIO should not include opinions
about the evidence and should not include any information
that could deprive the suspect or defendant of a fair trial.
Thus, comments made by the PIO should be consistent with
the guidelines noted above.
Confidentiality Agreement
Purpose: This document ensures all volunteers assisting with a
criminal investigation and the animals related to criminal
investigations understand the importance of and agree to maintain
con identiality
Statement of Confidentiality
I, __________________________________, have successfully applied for a position
as a volunteer with ___________________________________________________.
[Institution of volunteer placement]
I acknowledge my participation as a volunteer may give me the
opportunity to see or hear information of a sensitive or con idential
nature. With this in mind, I will not take photographs, videos, or audio
recordings during my volunteer hours. I will also not divulge sensitive
or con idential information learned directly or indirectly during the
course of my volunteering to anyone, in any manner, without the
permission of an agency representative. Such information includes, but
is not limited to:
Personal information of victims (human and animal), paid staff,

volunteers, trainees, police of icers, veterinarians, suspects,
witnesses, or any other individuals present or learned about
during the course of my volunteering. Personal information
includes names, addresses, phone numbers, and any identifying
descriptors.
The subject matter or nature of any and all completed, current, or
potential criminal investigations, including but not limited to
charges iled or to be iled, locations of investigations, and parties
involved.
Operational strategies involving deployment of police, security
resources, and support staff.
In the event of my withdrawal or termination, I will not disclose any

con idential information that I received during my involvement with
______________________________ [institution of volunteer placement].
Additionally, I understand that during the course of my volunteering, I
may observe activity that could be of evidentiary value. I may be
utilized as a witness to an incident and my testimony may be needed
during a civil or criminal proceeding.
If I violate this agreement, I will be subject to termination and possible
criminal prosecution.
My signature below af irms that I have read and understand the
contents of this con identiality agreement. My signature below also
indicates that I agree to comply with the policies laid out in this
agreement at all times. If I have any questions regarding con identiality,
I will ask an agency representative.
Volunteer print name: ______________________________________
Volunteer signature: _______________________________________Date:
_______________
Agency representative: _____________________________________Date:
_______________

Purpose: This adaptable agreement provides clear parameters around
the requirements of fostering an animal in protective custody status.
This allows the victim animal to be housed in the most humane way
while not creating a vulnerability in the criminal case
Sample Veterinary Clinic Reporting
Policy/Protocol
Purpose: This document serves as an adaptable policy and protocol
template for veterinary clinics to implement regarding the process for
reporting suspected animal cruelty
Sample Veterinary Clinic Reporting Policy/Protocol
The American Veterinary Medical Association (AVMA) encourages
veterinarians to educate clients, recognize the signs of animal abuse
and neglect, and familiarize themselves with relevant laws and the
appropriate authorities to whom they should report suspected cases of
animal abuse or neglect within their jurisdiction.
The law does not require absolute assurance of cruelty, abuse, and/or
neglect to provoke a report to animal care and control authorities who
will, under their responsibilities, investigate further and determine
appropriate action.
It is the policy of this hospital that veterinarians, technicians, and
support staff who suspect animal cruelty, abuse, or neglect in the
context of a veterinarian–client–patient relationship observe the
following clinic procedures to report concerns to the proper
authorities.
NOTE: If, at any time you perceive the situation to be an emergency
and are concerned for the immediate safety of staff, clients, or
patients, dial 911.
1. At the time staff is made aware of the possibility of abuse or

neglect, suspicions must be reported to the manager or lead
veterinarian on duty.
2. Provide the manager/lead veterinarian with details regarding the
suspicion, notes from calls or conversations, and any other
information relevant to the concern.
3. The manager/lead veterinarian will determine next steps based on
the facts presented, whether the client and patient are present in
the hospital, level of risk to patient, clients, and staff, and severity
of injuries to patient.
4. The manager/lead veterinarian will report the concern to the
appropriate agency (animal control, humane agent, law
enforcement, human services, etc.) and follow all instructions
provided.
5. Clinic staff will provide a written witness statement of the
incident/suspicion if requested by clinic management or
investigating agency.
6. The veterinary team will provide necessary treatment to the
animal and produce a detailed record of exam indings, collect
photographs/video of relevant indings, and save any and all items
of evidence such as collars, bedding, mats, nail clippings, etc.
7. Clinic staff will provide investigating agencies with records,
evidence, notes, and reports as requested.
8. Clinic staff will not share details, images, or other information
about the incident/case outside of the clinic and as requested by
investigating authorities.
9. It is beyond the clinic's authority to hold animals without the
client’s consent. If animals must be discharged before investigating
agencies arrive, investigators will be expected to pursue the
investigation at the home of the client/suspect.
[Consider listing relevant state statutes]

[Consider listing contact information for relevant agencies]
Summary Vet Report

Purpose: This form may be used to summarize veterinary examination
indings and connect the indings with circumstances of the case where
relevant
Scene Processing Witness Report
Purpose: Provides a template for participants in a search warrant
execution or crime scene processing to document their role and what
they observed
Animal Cruelty Affidavit Template
Purpose: This template provides the structure for an af idavit in an
animal cruelty case that will prompt of icers to provide the necessary
information about training, probable cause, and evidence
In The State of [Insert State] for The County of [Insert
County]
State of [insert state] )
County of [insert county] ) ss: AFFIDAVIT FOR SEARCH WARRANT
I, the undersigned, upon my oath, do hereby depose and say that, I,
[insert title and name], am a sworn [insert title] employed by [insert
agency name] and that I am investigating [insert agency name] case
number [insert case number]. The victim in this case is/are [insert
description of animal(s)] and the crime that has been committed is
[insert statute]. The elements of [insert statute] in this case are:
[insert applicable elements of the offense].
A. TRAINING AND QUALIFICATIONS OF [insert title and name]

I, [insert name], being duly sworn, depose and say that I have
been employed by [insert agency name] for [insert number]
years. [Insert all trainings and experience with criminal case
work, animal cruelty investigations, animal forensics, and
animal behavior/care.]
B. INVESTIGATION/PROBABLE CAUSE
[Give the narrative and timeline of the investigation. Include
any relevant photos taken.]
APPLICATION FOR SEARCH WARRANT

Based upon the stated facts I have probable cause to believe that the
crime of [insert statute] has been committed. That the crime has been
committed at [insert location]. That [insert suspect's name]
[describe the aspects of the crime committed and the victim
animal] on [insert date]. And that based on my training and
experience [Connect the evidence you want to search/seize with
the crime alleged. For example:
Based on my training and experience, animals that are victims of
abuse and neglect often have a history of abuse and neglect and
that evidence of this abuse and neglect can be found in the
radiographs of the animal's body and by performing an exam (or
necropsy) of the body. And that the evidence may be in the form of
broken bones in various stages of repair, internal injuries not
visible from the exterior of the body, and foreign objects that may
have been injected or impregnated into the body such as BBs,
pellets, darts, arrows or other projectiles, and any other signs of
abuse or neglect or cause of death.
OR, FOR EXAMPLE:
Based on my training and experience animals that are victims of
neglect often have a history of neglect and that evidence of this can
be found by performing thorough examinations of the animals.
The evidence of neglect may be in the form of injuries or abnormal
results seen on radiographs, bloodwork, necropsies, urinalysis,
and/or fecal tests, and not visible from the exterior of the body.
Based on my training and experience, I know that bloodwork done
can con irm dehydration, anemia, and muscle wasting in an
animal. I know that fecal testing can detect the existence of
parasites in an animal and determine whether that parasite load
was impacting the animal's body condition or overall health.
AND:
Based on my training and experience I know that evidence of
animal neglect and/or abuse can be found on the premise where
the pet is housed, within the pet owner's dwelling, curtilage, and
transportation vehicles.]
And that the evidence will be, but is not limited to: [list all evidence to
search for and seize]
Which are located at [insert location], [describe with speci icity (i.e.
tax lot #, physical description, etc. Include a photo if possible)].
[insert location] [insert photo]
That based on the above information the undersigned respectfully
requests a search warrant for the described location to search and seize
and evaluate and analyze the listed evidence for the aforementioned
crime.
Further, pursuant to the court's authority under [insert statute
authorizing seizure of animals], I respectfully request that the court
speci ically authorize [insert agency name] to impound all abused
and/or neglected animals located on the premises, with the
understanding that [insert agency name] may/will use other animal
care providers as their agents to help ful ill their obligations under [list
statute requiring minimum care for animals].
________________________________
Signature of Af iant
SUBSCRIBED AND SWORN before me this _____ day of __________,

20___
_______________________________
CIRCUIT COURT JUDGE

Animal Cruelty Search Warrant Template

Purpose: This template pairs with the Animal Cruelty Af idavit
Template to ensure that the information included in the warrant is
clear, thorough, and mirrors that of the af idavit where necessary
IN THE STATE OF [insert state] )
) SEARCH WARRANT
FOR THE COUNTY OF [insert county] )
TO ANY POLICE OFFICER IN THE STATE OF [insert state], GREETINGS:
Upon information given under oath to me by an af idavit signed and
sworn to by [insert title and name], this Court inds good reason and
probable cause to believe that the following crime has been committed
in [insert county] and that evidence of the following crime is currently
located in [insert county]: [insert statute].
You are hereby commanded to search and seize and test, evaluate,
analyze, and photograph evidence from the below-described property:
search all structures to include primary residence, outbuildings as well
as curtilage of the following location.
The premises located at [insert location]. Described as follows: [give
an in depth physical description of the property, include speci ics
like tax lot #, color of the buildings, any signage or landmarks that
can be seen, etc. (THIS MUST MATCH THE AFFIDAVIT)].
[insert location ] [Insert photo of location]
For the following described evidence: [list all evidence to search for
and seize (THIS MUST MATCH THE AFFIDAVIT)].
The court speci ically authorizes [insert agency name] to impound all
abused and/or neglected animals located on the premises, with the
understanding that [insert agency name] may/will use other animal
care providers as their agents to help ful ill their obligations under
[insert statute requiring minimum care for animals].
___This warrant may be executed any time of the day or night.
___This warrant may be executed more than ive (5) days but not more
than ten (10) days from the date of issuance.
__________________________
Title of Magistrate
__________________________
Signature of Magistrate
Animal Cruelty Warrant Return Template

Purpose: This template completes the Animal Cruelty Af idavit and
Search Warrant package by providing guidance on language for
generating thorough search warrant return documentation
In The Circuit Court of the State of [insert state] for The
County of [insert county]
) SEARCH WARRANT
I, [insert name], the undersigned [insert title], executed the attached
search warrant on [insert date] at [insert time] a.m., and state that the
following is a true list of items seized by me pursuant to the warrant:
_____ The property listed on the inventory attached hereto and
incorporated herein.
_____ The following property, to wit: [list seized property]
1. [Insert total number] Living [insert species]

2. [Insert total number] DOA [insert species]
3. [List other inanimate property like care supplies, food
samples, blood samples, leashes, medications, etc.]
4. Records (see attached Property in Custody inventory)
5. Two (2) SD cards of photos taken on scene (representative sample
attached and incorporated herein) [create a separate document
with a sample of the photos taken on scene that are
representative of the conditions you found and support the
probable cause described in the af idavit]
6. One (1) SD card of video taken on scene
__________________________________
Signature of [insert title]
[insert name]
Received by [insert county] Circuit Court Of ice
On ____ day of _______________, 20___
Received by:
__________________________________________________________________
Printed name and signature
Bill of Sale and Relinquishment of Animal

Ownership Template
Purpose: Use this template when an agreement with a suspect animal
owner is made to relinquish ownership of some or all of their animals
who are being held in protective custody in relation to a criminal
animal cruelty investigation
Bill of Sale and Relinquishment of Animal Ownership
Template (in lieu of foreclosure under [insert statute if
applicable])
The undersigned [insert animal owner] (herein after referred to as
the Transferor), does hereby relinquish any claim, right, title, and
interest in the animals seized during the execution of a search warrant
on [insert date], at [insert address], by the [insert seizing agency]
______(#) [insert species] and ______ (#) [insert species] that are
speci ically identi ied in the attached pages from Appendix A, which
is incorporated herein by this reference and includes any and all
offspring of those animals – hereinafter referred to as the Animals), and
hereby transfer ownership of the Animals to [insert seizing agency].
The consideration for this transfer of ownership is the agreement by
the [insert seizing agency] (herein after, the Transferee) to waive
Transferee’s claim for all costs of care that accrue going forward from
the date of this agreement in connection with the Animals, and the
Transferee’s promise to refrain from iling civil suit (including, without
limitation, a civil foreclosure of Transferee’s possessory chattel lien
attaching by operation of [insert statute if applicable]) against the
Transferor.
Transferor expressly acknowledges that this transfer of ownership in
the Animals noted herein shall not be construed as an offer or an
agreement to civilly compromise the criminal charge or charges that
may be prosecuted against Transferor as a result of this incident. This
transfer of ownership does not waive the Transferee’s right to seek
restitution in the criminal case for the costs of care of the Animals
accrued up to the date of this agreement.
Transferor further represents and warrants that s/he has clear and
marketable title to the Animals and that s/he has actual authority to
transfer ownership of the Animals. Transferor shall hold harmless,
indemnify, and defend the Transferees, their of icers, agents, and
employees from any and all liability, actions, claims, losses, damages, or
other costs including attorney’s fees and witness costs (at both trial and
appeal level, whether or not a trial or appeal ever takes place) that is
asserted by any person or entity arising from any dispute as to the
ownership of the Animals subject to the Bill of Sale and Relinquishment
of Animal Ownership.
Transferor further expressly represents and warrants that s/he is
making this decision of his own free will, after ample opportunity to
confer with counsel, without duress. Transferor further warrants that
s/he has good and marketable title to the Animals, free of all liens and
encumbrances (other than the lien(s) attaching to Transferees by
operation of [insert statute if applicable]).This Bill of Sale and
Relinquishment of Animal Ownership embodies the entire agreement
that Transferor has with the Transferees.
_____________________________________________
Name(printed)
_____________________________________________
Signature/date

Purpose: This template gives guidance on the petition iled with the
court to request a hearing that initiates the bond-or- forfeit process
where state law allows
In The Circuit Court of the State of [insert state]for the
STATE OF [insert state] Case no. [insert number]
, Plaintiff, DA no. [insert number]
vs. PETITION FOR FORFEITURE OF
[Insert defendant name] SEIZED ANIMALS PURSUANT TO
Defendant, [insert statute]
[Insert county], a political (HEARING REQUESTED (within
subdivision of the State of [number] days), estimated time four
[insert state], hours)
Petitioner,
vs.
[Insert defendant name]
Respondent.
Comes now [insert county], by and through [insert prosecutor
name], pursuant to [insert statute], and moves this Court for a pretrial
order of forfeiture for an animal seized and impounded in the above-
entitled case.
1. Deputy ______________, a peace of icer with [insert agency name],

seized and impounded the animal listed below on or about [insert
date].
2. The impounded animal was placed in care at the [insert animal
care provider].
3. The impounded animal is described as follows:
4. [Insert description of animal(s)].
5. There is probable cause to believe that the impounded animal has
been subjected to treatment in violation of [insert statute].
6. The Defendant-Respondent has been charged by information with
[insert charges] in [insert county] Circuit Court case [insert
number].
7. [Insert county] has incurred expenses related to the feed, care,
and medical treatment of the impounded animal, and those costs
are expected to be ongoing as the criminal case continues.
WHEREFORE, the Petitioner requests this Court set a hearing, and upon
determination that the impounded animal was subjected to a violation
of [insert statute], the Petitioner prays for judgment against the
Defendant-Respondent as follows:
1. For the immediate forfeiture of the impounded animal and for such
other relief as may be just and equitable; or
2. In the alternative, requiring the Defendant-Respondent (or any
other claimant) to post a security deposit or bond, within [insert
number] hours of the hearing of this matter, in an amount
suf icient to repay all reasonable costs incurred, and anticipated to
be incurred, by the Petitioner in caring for the impounded animal
from the date of the initial impoundment to the date of the trial in
the underlying criminal matter.
Respectfully submitted this [insert date],
______________________________________
[Insert prosecutor name and bar #]

Purpose: Where state law allows, use this template to generate the
order made at the conclusion of the bond-or-forfeit process
In The Circuit Court of the State of [insert state] for the
STATE OF [insert state], Case no. [insert number]
Plaintiff, DA no. [insert number]
vs.
Defendant,
[Insert county], a political ORDER FORFEITING SEIZED
subdivision of the State of [insert ANIMALS PURSUANT TO [insert
state], statute]
Petitioner,
vs.
Respondent.
This matter came before the Court on [insert date], for a hearing on
Plaintiff-Petitioner’s Petition for Forfeiture of Seized Animals Pursuant
to [insert statute], iled on [insert date]. Judge [insert name]
presided. The Plaintiff-Petitioner was represented by [insert
prosecutor name]; the Defendant-Respondent was represented by
[insert attorney name].
The animal the Plaintiff-Petitioner sought forfeited (hereinafter
referred to as “the animal”) is a [insert species], further described as:
1. [Insert description of animal(s)]

The Court, having reviewed the petition, and having heard the
testimony of witnesses, makes the following indings:
A. The animal was lawfully impounded by a peace of icer
pursuant to [insert statute] and is currently being held by
[insert animal care provider] pending outcome of criminal
action charging violations of [insert statute].
B. There is probable cause to believe that the animal was
subjected to a violation of [insert statute].
C. [Insert county] has incurred costs in caring for the animals,
and those costs are expected to be ongoing to the date of trial
(currently set for [insert trial date]).
D. The costs in caring for the animal through the date of trial will
be [insert amount].
IT IS HEREBY ORDERED that all right, title, and interest in the animal,
currently in the legal custody of [insert county], shall be and is
FORFEITED by Defendant-Respondent, and lawful ownership in the
animals is now hereby vested in [insert county], pursuant to [insert
statute].
This order is effective as of [insert time/date], unless, prior to said
date and time, the Defendant-Respondent or any other claimant posts
with the clerk of this court a full cash security bond in the amount of
[insert amount], to repay all reasonable costs incurred, and
anticipated to be incurred, by the Plaintiff-Petitioner in caring for the
animals from the date of initial impoundment to the date of trial. If
Defendant-Respondent or any other claimant posts the security bond
speci ied above, the forfeiture and transfer of ownership in the animals
as ordered herein is stayed pending the outcome of the underlying
criminal matter.
If the above-mentioned security bond is paid, [insert county] is
entitled to withdraw funds from the security bond in order to repay the
costs (both incurred and anticipated) related to its care of the animals.
If a bond is posted, and the trial in the underlying criminal action is not
commenced on [insert trial date], the Court shall require the
Defendant-Respondent or any other claimant to post an additional
security deposit or bond in an amount determined by the Court that
shall be suf icient to repay all additional reasonable costs anticipated to
be incurred by the Plaintiff-Petitioner in caring for the animal until the
anticipated date of trial.
Dated this [insert date],
_________________________________
[Insert Judge's name/title]
Lien Foreclosure Notice Document Template

Purpose: Provides a template (to be adapted to comply with your state
guidelines) for creating the document that gives the required legal
notice of a lien foreclosure
[Insert CLAIM OF POSSESSORY LIEN
animal ____________________
care NOTICE OF FORECLOSURE SALE
provider] (Applicable for Food, Vet Care, Labor, Materials, and
Lien Related Services – Animal Seized Pursuant to [insert
Claimant, statute] with the lien attaching pursuant to [insert lien
vs. statute])
[Insert
name of
animal
owner(s)],
Lien
Debtor(s)
Notice is hereby given that:

1. The undersigned, [insert animal care provider], hereinafter
referred to as the Claimant, pursuant to the provisions of [insert
lien statute(s)] inclusively, continues to claim and intends to
foreclose a possessory lien upon the Animal(s) noted below (which
is, under [insert state] law, considered personal property)
particularly described as follows:
a. [Insert description of animal(s): evidence ID, species,
breed, age, color, name, etc.]
(hereinafter collectively referred to as the Animal(s)), for the
following charges for services provided, materials supplied,
and/or labor performed for the Lien Debtor in transporting,
caring for, sheltering, feeding, grooming, and treating the
Animal(s), said Animal(s) having been seized pursuant to a
criminal investigation of animal neglect pursuant to [insert
statute(s)] resulting in criminal charges iled and pending in
[insert county] Circuit Case Number [insert criminal case
number(s)].
2. The actual or reputed owners of the Animal(s), hereinafter
referred to as the Lien Debtor(s), are [insert name of animal
owner(s)], whose last known address is [insert address].
3. The total charges are:
a. The reasonable charges for Claimant's services noted above,
including labor and materials at a daily rate of $[insert
amount] per animal ($[insert amount ] per day total) over
[insert number] days (measured from [insert date range])
is…………. . $ ________
b. Claimant has incurred expenses in providing medical
treatment and care to the Animal(s) and a reasonable fee for
the medical care, beyond the day-to-day care noted above is
the sum of ……… $ ________
c. No part of the charges has been paid except for the sum of……
$ ________
d. The TOTAL amount of claimant's lien is (a + b − c)………. $
________
4. Claimant obtained possession of the Animal(s) in [insert county],
[insert state].
5. The date the lien was attached to the Animal(s) is [insert date lien
attached], and the Lien Debtor either knew or should reasonably
have known that the sum noted above was beginning to accrue and
due. Since that date, legal possession of the Animal(s) has been
and is now retained by the claimant.
NOTICE IS HEREBY GIVEN to Lien Debtor and to any whom it
may concern that on [insert date of foreclosure sale], Claimant
will sell the Animal(s) at public auction to the highest bidder for
cash, in [insert county where seizure occurred], [insert state],
where Claimant obtained possession thereof, at the following
place in that county, the front steps of the [insert county]
Courthouse, [insert address], City of [insert city], State of
[insert state], at [insert time]. The name of the person
foreclosing the lien is the [insert animal care provider]. All of
the above information is incorporated into the Notice of Sale by
reference.
6. At the conclusion of the foreclosure sale, the proceeds of the sale
will be applied as follows: irst, to the payment of the reasonable
and necessary expenses of the sale; second, to satisfy the
indebtedness secured by the lien under which the sale was made;
third (if one or more written requests satisfying [insert statute]
are submitted to the person foreclosing the lien), to satisfy the
indebtedness secured by any subordinate lien(s), in order of
priority, in the Animal(s); and fourth, to the treasurer of the county
in which the sale is made, accompanied by a copy of the statement
of account described in [insert statute].
7. On or before [insert date], and more than 30 days prior to the day
so ixed for the foreclosure sale, Claimant gave this notice by
registered or certi ied mail to the following persons:
a. To the Lien Debtor at Lien Debtor's last known address, or if
the Lien Debtor is a corporation, to its registered agent at the
agent's registered of ice.
b. To all persons with a security interest in the Animal(s) who
have iled a inancing statement perfecting that interest in the
of ice of the Secretary of the State of [insert state], or in the
of ice of the appropriate county of icer of the county in which
the foreclosure sale is to be held.
c. If the chattel to be sold is one for which a certi icate of title is
required by the laws of this state, to all those persons whom
the certi icate of title indicates have a security interest in or
lien upon the chattels.
8. On or before the date mentioned in paragraph 7, this notice was
posted in a public place at or near the front door of the county
courthouse of the county in which the sale is to be held and in a
public place where Claimant obtained possession of the Animal(s)
from the Lien Debtor in [insert county], [insert state].
9. Claimant has also purchased ads in [insert name of publication]
and will publish notice in compliance with [insert statute].
In construing this instrument, where the context so requires, the

singular includes the plural, and all grammatical changes shall be made
or implied so that this instrument shall apply equally to corporations
and to individuals.
DATE: ____________
By ______________________________________
[Insert Attorney name and bar #]
Attorney for Lien Claimant
[Insert contact information]
STATE OF [insert state], ) ) ss.

County of [insert county ] )
I, [insert name], the Attorney for Claimant named in the

foregoing instrument, being irst duly sworn, depose and say
that I know the contents thereof. The statements and claims
made therein are true and correct as I verily believe.
__________________________________________
[Insert Attorney name and bar #]
Attorney for Lien Claimant
[Insert contact information]
Signed and sworn to before me on
_________________________________________
Notary Public for [insert state].
My commission expires ______________________

Sample Newspaper Notice Ad Template for

Lien Foreclosure
Purpose: Provides sample language for posting notice of foreclosure
hearing as required by law
Sample Newspaper Notice Ad Template for Lien
Foreclosure Sale
NOTICE OF FORECLOSURE SALE [insert statute]
Lien claimant, the [insert animal care provider] hereby gives notices
that it will hold a foreclosure sale on [insert date] at [insert time] on
the front steps of the [insert county] Courthouse, [insert location
address], to foreclose its possessory chattel lien held pursuant to
[insert statute] for the cost of caring for [insert number] [insert
species] seized as part of a criminal investigation by the [insert
seizing agency] on or about [insert date], said animals being further
described as (1) [insert speci ic description of each animal (sex,
name, ID, color, etc.)]. The amount owed by the lien debtor(s) ([insert
animal owner(s) name(s)] whose last known address [insert
address]), to [insert lien claimant name] is $[insert amount of the
lien] as of the foreclosure sale date. For further information, contact
[insert attorney name], Attorney for [insert lien claimant name] at
[insert phone number].

Purpose: This script ensures that all the necessary components of a lien
foreclosure sale are met when conducting the sale, but should be
reviewed and adapted to comport with state laws in the jurisdiction
Introduction
We are here today to complete the nonjudicial lien foreclosure process
under [insert applicable statute] – via public sale – of the possessory
chattel lien attached to a total of [insert number and species of
animal(s)] that were seized by [insert seizing agency] on or about
[insert date of seizure] [insert seizing agency's case number] under
the care of Lien Claimants [insert lien claimant's name].
All [insert number of animals] are being sold “as is,” in one lot, for
cash to the highest bidder in one sale. It should be noted that these
[insert number of animals] remain subject to a continuing evidence
hold in the underlying criminal cases, meaning that transfer of
possession of the [insert species] to the highest cash bidder will not be
completed unless and until the evidence hold is released or modi ied by
the State of [insert state] through the [insert prosecutor of ice] to
re lect the results of today's sales (or for some other lawful reason).
The successful bidder will be solely responsible for dealing with the
State's evidence hold and supplying written proof to the Lien Claimants
that the State's evidence hold has been lifted or modi ied to allow for
transfer of possession of the [insert species of animal(s)] in
completion of the sale or sales conducted this morning.
The lien amount at issue under [insert statute] is [insert amount of
lien].
The successful bidder must make payment this morning, at the close of
bidding, in cash or by cashier's check/money order made payable to the
Lien Claimant. In addition, the successful bidder must provide proof of
identity in the form of a current valid driver's license or State-issued
DMV ID card.
Conduct the Sale

I will now read the lien claim and notice of foreclosure sale – this lien is
in favor of [insert lien claimant's name].
[Now read out loud the claim of possessory chattel lien/notice of
foreclosure sale documents.]
I will now open the bidding for these [insert number and species of
animal(s)] at [insert amount of lien]. I have a bid from [insert lien
claimant's name] in the lien amount of [insert amount of lien] for the
[insert number and species of animal(s)] at issue in this case.
FIRST CALL:
Are there any other bids higher than the current bid amount?
(pause for ive seconds)
SECOND CALL:
THIRD CALL:
The animal(s) identi ied in the lien claim and notice of foreclosure sale
are SOLD to [insert lien claimant's name] for [insert amount of lien
or highest bid]. I hereby declare this sale closed and the [insert
number and species of animal(s)] at issue are sold to [insert lien
claimant's name] subject to the evidence hold previously noted.
Conclusion
Lien Claimant's Attorney will ile the formal statement of account of
foreclosure sale for this sale as is required under [insert applicable
statute]. Thank you for coming out today.
END
Notice Letter of Future Discovery Template

Purpose: This letter, to be included with the discovery materials in a
case, puts the prosecutor and other parties on notice that animals are
still being cared for in connection with the case and additional
discovery should be expected/requested
Template: Notice Letter of Future Discovery
[Insert prosecutor name]
[Insert address]
[Insert address]
[Insert date]
Dear [insert prosecutor of ice],
As this case proceeds, there will be subsequent documentation
produced in connection with the care of the animals associated with
this case. Consequently, you should expect to receive additional
discovery within three or four weeks. It is our hope that this letter
provides you with suf icient notice of such future discovery.
Please do not hesitate to contact our department with any further
questions.
Respectfully,
Restitution Cover Letter Template
Purpose: Include this restitution cover letter in the discovery provided
to the prosecutor’s of ice to summarize the costs associated with the
case up to the point of submission and provide notice of expected
future costs
Template: Restitution Cover Letter
[Insert date]
[Insert address]
[Insert address]
RE: [Insert case # and defendant(s) name(s)]
To Whom It May Concern:
Thank you for prosecuting this case. Attached please ind an itemized
list of the costs the [insert animal care provider] has incurred thus
far in caring for and rehabilitating the [insert type of animal(s)]
associated with this case; this is provided to you for purposes of
restitution.
The total cost of caring for [insert animal name], animal ID [insert
animal identi ier], as of [insert date], is $ [insert amount].
Please do not hesitate to contact [insert contact name at animal care
provider] at [insert contact information] with any questions you
have regarding this submission.
Sincerely,
Restitution Waiver Template

Purpose: If you will not be seeking restitution in a case, use this
template to notify the prosecutor’s of ice
Template: Restitution Waiver
[Insert date]
[Insert address]
[Insert address]
RE: [insert case # and defendant(s) name(s)]
To Whom It May Concern:
Thank you for reviewing this case. Should you decide to ile on this case
we are not seeking any amount of restitution and do not expect to
accrue any costs associated with restitution in the future for this case.
Please do not hesitate to contact me with any questions you have
regarding this submission.
Sincerely,
Request for Live Animal Evidence

Disposition Template
Purpose: This request can accompany the submission of the Live
Evidence Tracking Form, and may be used to inform law enforcement
and prosecutor contacts about the importance of a timely release of live
animal evidence
Template: Request for Live Animal Evidence Disposition
[Insert address]
[Insert date]
Re: [insert agency case number], [insert suspect/defendant name]
Dear [insert agency name]:
Please see the attached disposition paperwork for the live animal(s) we
have in our custody related to a criminal investigation conducted by
your agency. Live animal evidence is unique and requires customized
evidence collection, care, and disposition procedures. Using the
enclosed form, it is our request and recommendation that you release
the animal(s) from their evidence hold so they can move on to their
next chapter in life.
The evidentiary value of an animal usually declines rapidly after intake.
Initial documentation of the physical condition of the animal(s) and any
injuries or illnesses sustained will take place while our agency retains
custody of the animal(s). Continued documentation is likely to occur as
the animal(s) are rehabilitated and treated; occasionally in a
constructive custody situation such as “Protective Custody Foster.” This
documentation will be retained and turned over as part of discovery in
your case. At a certain point, the animal(s) may be mostly or completely
rehabilitated and animal ownership issues resolved, which is the
current status of the animal(s) listed on the attached disposition
form . We have documented the improvement and any additional
documentation would have little relevance to the initial condition of
the animal(s) .
Additionally, unlike all other evidence seized by law enforcement, living
animals require active and regular care. Any individual or organization
that takes in a seized animal is held to the same standards of care
required under the law that every other citizen must meet. This
correlates to a direct cost to the individual/organization caring for that
evidence. The state has an interest in mitigating these costs of care for
those individuals/organizations.
Finally, our facility is specially designed for the temporary holding of
animals. It is in the animals’ best interest to have their evidence hold
lifted as soon as practicable. We will document the disposition of the
animal and make adopters aware of the animals’ involvement in an
ongoing criminal matter. With ample documentation of the animal(s)’
condition and status, it is unlikely that rehoming a rehabilitated animal
would impinge on a defendant’s due process rights, or their ability to
have a fair trial.
Please contact us with any questions or concerns you have regarding
this disposition request.
Appendix D: Resources
Title: Investigations Triage Matrix (Example)
Purpose: An example of agency response priority to help
organize site visits and recheck based on risk and severity
Title: Guidance for Compliance/Recheck Planning
Purpose: This form provides a template for outlining
improvement plans and ongoing rechecks
Title: Animal Cruelty Case Field Operations Structure
Purpose: This diagram represents the key responder roles and
chain of command structure for large-scale animal cruelty-
related incidents
Title: Animal Crime Scene Processing Roles
Purpose: Outline of responder roles for search warrant and
animal seizure operations
Title: Animal Cruelty Case Probable Cause Examples
Purpose: These examples demonstrate how an of icer can
connect their training and experience with the probable cause
in a case and the related evidence
Title: Outline for Conducting Search Warrant Brie ing
Purpose: Provides guidance on leading a prewarrant service
brie ing in an animal cruelty seizure
Title: Evidence in Animal Cruelty Cases
Purpose: This list provides examples of evidence to include in
search warrant application language. It can also serve as a
guide to searchers when collecting and/or documenting
evidence at the crime scene
Title: Examples of On Scene Veterinary Assessments
Purpose: To provide the veterinarian with model language for
reporting on observations and indings at a crime scene
Title: Language Options for Adoption Contracts
Purpose: This document lists special considerations when
placing animals from cruelty cases for adoption. Special
considerations should be customized to the case or your
agency’s needs
Title: State Evidence Retention and Disposition Rules
Purpose: A reference for state speci ic laws or regulations on
the retention and disposition of evidence in criminal cases
Title: Resource List: Grants for Animal Cruelty Case Work
Purpose: A list of organizations that may provide funding to
support animal cruelty investigation and case work

Purpose: An example of agency response priority to help organize site
visits and recheck based on risk and severity
Response time is dependent on resources and geography.
Agencies may ind a triage matrix helpful in determining response
prioritization.
Minor incident | Target response time: 3 days or less
Witnessed rough handling/no injuries noted
Chronic pet shop complaints
Sanitation issues
Report of abuse/neglect concerning animal in custody
Secondary incident | Target response time: 2 days or less
Shelter/food/water-related neglect in mild weather
Thin or con ined animals
Minor incident | Target response time: 3 days or less
Abandoned animal not in immediate danger
Non-life-threatening abuse or neglect report with or without injury
Unlawful tethering
Major incident | Target response time: within 24 hours
Hoarding/crowding with ill or injured animals
Animal sexual abuse
Animal cruelty in conjunction with child abuse or domestic violence
Inadequate shelter in severe weather
Critical incident | Target response time: same day
Abandoned or con ined with imminent risk of death (hot vehicle,
weather-related)
Downed horses or livestock
Ill, Emaciated, Injured, unable to stand or walk, probable pain
Dead, mutilated, or intentionally killed
Animal ighting with injuries
Request from government agency or veterinarian for onsite assistance

Purpose: This form provides a template for outlining improvement
plans and ongoing rechecks
No human contact made
Incident Step 1: recheck Step 2: if noncompliance
or no contact
Critical Later same shift or irst thing Return each shift until
next morning contact made
No human contact made
Incident Step 1: recheck Step 2: if noncompliance
or no contact
Major 1 day Return each shift until
contact made
Secondary 1–2 day or next shift Return each shift until
contact made
Minor 1–3 day or next shift Return each shift until
contact made
Emergency
Instructions Step 1: recheck Step 2: if
noncompliance
or no contact
Animal unable to Remain on scene until Same day
walk/stand veterinarian responds
Provide water Remain on scene while Return each
owner provides water or 1 shift until
day if no one home contact made
Provide food 1 day or if given a supply of Return each
food by investigator, 5–7 shift until
day contact made
Provide adequate 1 day Return each
shelter or bedding in shift until
extreme temperatures compliance met
Urgent
Instructions Step 1: Step 2: if
recheck noncompliance or no
contact
Provide adequate shelter or 5–7 day Return every 1–2 day
bedding in mild temperatures until compliance met
Remove excess feces/urine 2 day Return each shift until
compliance met
Urgent
Instructions Step 1: Step 2: if
recheck noncompliance or no
contact
Remove hazards 7–14 day Return every 2–3 day
until compliance met
Address unlawful tethering 7–14 day Return every 2–3 day
until compliance met
Address 2 day or Return each shift until
overcrowding/con inement next shift compliance met
Other care to preserve health and 3 day Return every 1–2 day
well-being until compliance met
Animal Cruelty Case Field Operations

Structure
Purpose: This diagram represents the key responder roles and chain of
command structure for large-scale animal cruelty-related incidents

Purpose: Outline of responder roles for search warrant and animal
seizure operations
Understanding and assigning roles supports an organized and effective
effort when processing a crime scene. While not all roles will be
essential to every case, search warrant execution and cases involving
multiple animals will most certainly bene it from clearly de ined roles.
Many agencies are familiar with incident command structure, and the
following roles it well into that type of organized response. Each lead
individual may have one or more responders assigned to them and
their coordination, training, and oversight will be included in their
duties.
Law Enforcement: The agency that has jurisdiction over the case is
responsible for all law enforcement duties, including: citations, search
warrant application, service, and return. These agencies should
perform a risk assessment for all locations prior to warrant service and
create an emergency or traumatic incident plan. They will serve the
warrant, detain the suspect if necessary, declare the scene safe for
processing teams to enter, and secure the scene for the duration of
processing. Law enforcement should be alerted to any irearms, drugs,
or other dangerous contraband found in the search. The agency may
oversee evidence collection and packaging as well as property in
custody form completion in cooperation with the Evidence Chief. The
law enforcement agency will issue any criminal citations.
Incident Commander: The Incident Commander oversees all aspects
of planning, preparation, execution, and follow-up of a crime scene
response. They will work with law enforcement and animal sheltering
teams to assign roles and train responders in their duties. The Incident
Commander acts as a point of communication for all assigned roles and
is responsible for adjusting plans as needed.
Medical Lead: The individual assigned this role is responsible for on
scene medical duties. This is ideally a veterinarian who will conduct an
initial walk-through of the scene to assess the animals and their
conditions, identify and triage animal emergencies, and perform any
medical exams or treatment on scene as required. They are a critical
partner in identifying relevant evidence at a crime scene and can offer
guidance to searchers in what is important to document and/or collect.
The Medical Lead can consult on the capture, handling, and transport of
animals based on their species, temperament, age, and condition and
may liaise with the Intake Exams Veterinarian on exam procedures and
treatment plans for animals upon intake to the sheltering facility.
Unique Species Liaison: If the case includes animal species that the
primary sheltering agency is not trained or equipped to capture,
handle, transport, or house, an individual from an organization skilled
in these areas is required. A Unique Species Liaison will assist with and
consult in the plan for the seizure, and coordinate the acquisition of
skilled handlers and the appropriate handling, capture, and transport
equipment. This individual may possess expertise that also proves
valuable when assessing the scene, identifying relevant evidence, and
responding to unforeseen circumstances.
Evidence Lead: The Evidence Lead will coordinate the search for and
seizure of evidence including photo and video documentation. They
will oversee the search and evidence collection, property in custody
logs, evidence packaging, and the assignment of evidence identi ication
letters or numbers. This individual will monitor and assign still and
video cameras for use in documenting the scene and collect equipment
and SD cards prior to clearing the scene. When the search is concluded,
the Evidence Lead oversees the processing and storage of physical
evidence, videos, and photographs.
Inventory and Transport Lead: Working closely with the Evidence
Lead, the Inventory and Transport Lead is responsible for the safe
loading and transport of animals from the scene to the medical or
sheltering facility. They will create and maintain accurate vehicle
inventory forms for each vehicle and monitor the health and safety of
the animals during staging and loading for transport, en route, and
unloading at the destination.
Animal Shelter Intake Lead: The Animal Shelter Intake Lead remains
in communication with the Incident Commander and Transport Lead to
facilitate the receipt of animals removed from the scene. Their duties
include oversight of animal unloading and kenneling, verifying accuracy
of transport logs on arrival, facilitating the entry of shelter or clinic
admissions data and creation of daily care logs, cage or stall
identi ication forms or placards, and the application of any additional
identi ication collars, tags, bands, or markings needed to identify each
animal.
Public Information Lead: This individual works closely with the
primary agency as well as all other organizations involved in the
response as a point of contact for all media inquiries. They may be
posted outside the crime scene to intercept media representatives that
may show up during a search. The Public Information Of icer is rarely
allowed on private property unless directly involved in the search and
seizure operation, and may not take photos or videos on scene for
publication. They will often produce press releases and may provide
interviews for media outlets and therefore must be trained in what
information is appropriate to share with the public.
Outline for Conducting Search Warrant

Briefing
Purpose: Provides guidance on leading a prewarrant service brie ing in
an animal cruelty seizure
Outline for Conducting Search Warrant Briefing
Search warrant brie ings should always be conducted on the day of the
warrant service prior to arriving on scene with all responding agencies
and individuals present. This is a time to instruct all responders,
including volunteers, in the procedural plan, expectations, and safety
protocols. This brie ing must include the reading of the warrant and
review of the incident command structure and assigned roles.
Outline
1. Introduction of command staff

2. Collect names/contact info for all responders and sign
con identiality agreements, waivers, emergency contact forms
(pass around clipboard/forms)
3. Review incident command structure, roles, and lead
assignments
4. Review emergency/critical incident protocol/procedure
5. Other safety instructions (personal protective equipment,
handling safety, required equipment, etc.)
6. Discuss warrant execution timeline and procedural plan
7. Discuss con identiality and expectations for conduct on scene
8. Read the warrant
9. Questions

Purpose: This list provides examples of evidence to include in search
warrant application language. It can also serve as a guide to searchers
when collecting and/or documenting evidence at the crime scene
Speci ic language for use in warrant drafting
Animals
Name of speci ic animal(s) or ID Number/ear tag, etc.
Types of animals (species, breed, etc.) Living and deceased
Above and below ground Born and unborn
Records
Veterinary records Vaccination records
Care and treatment Ownership documents
logs/notebooks
Animal transfer/transport Animal sale records
documents
Animal purchase records Medication receipts
Animal care Staff/caretaker payroll records,
contracts/agreements schedules
Feed store/supply receipts Rendering and other animal disposal
receipts
Birth/death records
Medical/animal care
Medication (over-the-counter) Medication containers
Prescriptions Veterinary supplies
Vaccines/antiparasiticides Food and feed packaging
Feed and water containers Blood samples
Stool/fecal samples Refrigerated or frozen medical
supplies
Tissue samples Evaluations and lab testing of all
samples
Radiographs DNA
Weapons or objects used as Halters
weapons
Blood spatter/blood-soiled Leashes
items
Tethers Other restraints
Collars Camera/camera SD cards
Photographs Computers/tablets/cell phones
Video Garbage/trash containers
Medical/animal care
First aid supplies
Animal habitats
Bedding Light ixtures
Heat sources Nest boxes, whelping boxes
Water Containers
bowl/containers/bottles
Aquariums/tanks Cages
Kennels Other instruments of
con inement/restraint
Gates
Animal ighting (or other cases as relevant)

Gaffs/knives/boots/muffs Training supplies/treadmills/jenny
mills
Steroids/home First aid supplies/bandages/chalk
remedies/shears/scales
Trophies/plaques/memorabilia Game/match
announcements/derby cards
Sport/game magazines, books, Contact lists/shipping labels/order
videos forms
Vehicle search Credit card receipts
Bestiality (or other cases as relevant)

Social media pro iles and history DNA (human and animal)
Chat room history/transcripts Cell phones
Pornographic media
Restraints – collars, leashes, muzzles, harnesses, stockades
Computers, hard drives, electronic storage devices
Examples of on Scene Veterinary
Assessments
Purpose: To provide the veterinarian with model language for reporting
on observations and indings at a crime scene
Example 1
As I walked around the kennels that were set up in the warehouse, it

became evident to me that this group of dogs was in dire condition.
I observed that most of the dogs were very, very thin. Many were
emaciated to the point of skeletal, with their entire boney structures
visible under their skin. They all appeared very anxious, vocalizing
and pacing or jumping up on the sides of the kennels. Most
approached me as I went from pen to pen looking at them. The
majority of the dogs appeared friendly and social to the point that I
felt comfortable reaching through the wire kennels to touch them. I
also observed about 20 dogs with both fresh and old bite wounds
on their ears, tails, paws, nose, head and forelimbs. About a dozen
dogs appeared to be severely ill and/or injured. These dogs did not
react when I approached or called to them, and instead remained
curled tightly in the corners of their enclosures. Many of the dogs
had signi icant generalized hair loss of the paws, face and body
consistent with external parasites. Most of the large breed dogs
were housed individually and occasionally with one or two kennel
mates.
Along the left side of the warehouse I observed a series of round
wire exercise pens and plastic pens, some with empty wading pools
inside of the pens. These pens housed between two and six dogs
each. Many of the pens had an accumulation of fecal material
present among the wood chip bedding.
Along the back wall of the warehouse I saw a stack of small, cat-
sized plastic travel crates in which three, four, or ive small dogs
were literally crammed together with no room to move around and
no food or water. More crates along this wall contained single small
breed dogs. The dogs in these stacked crates were standing in feces
and urine with no place to get away from it. The stench from these
animals and crates was awful. The overcrowding of the animals in
the crates was one of the worst environments I had ever seen
humans put dogs in. The inability to turn around, lie down and get
away from their own feces and urine was terrible for them. If the
intent was to move these dogs in these crates even a short distance
(15–30 minutes) the crowding of this many animals into tight
con inement is inappropriate, unsafe, and unsanitary.
There was a large stack of 20 or more garbage bags near the front of
the warehouse that were full of wood chip kennel bedding, dog
feces, and debris.
After my initial visual examination of the dogs and the conditions, I
could visually assess and diagnose issues that appeared to be
chronic in nature and would have taken weeks or months to
develop. Examples of these observations include:
Feces and urine staining of the coat and paws of many of the
dogs.
Very strong ammonia odor in the warehouse.
Skin disease with hair loss and skin damage that had been
present for long periods of time (months).
Bite wounds of various durations and scarring consistent with
old bite wounds. Some bite wounds appeared to be very recent
(within days) and others were very old (weeks to months).
The degree of emaciation (weight loss and loss of body fat and
muscle due to starvation) was severe in the vast majority of the
dogs.
Severe illness or injury/extremely depressed or catatonic state.
Dangerous overcrowding.
No access to food/water.
Example 2
Overall, the pasture at that property was overgrazed and offered

very little to no nutritive value to the animals. A few empty protein
tubs were found and a limited water source – consisting of two
automatic watering troughs holding approximately 35 gallons each
– was available to the animals in the pastures, but not to those in the
alleyway. About 80% of the cattle had a marginal health status as
evidenced by the low (1–2) BCS, poor hair coat and lower than
expected overall body weight, condition and size. Approximately
10% had the body condition score of a solid 3 and 10% at a solid 4.
Some of the cattle were suffering from unattended medical
conditions such as cancer eye and pink eye that had caused
permanent damage to their eyes. Polled Hereford cattle, because of
the typically white skin around their eyes, have a predisposition to
“cancer eye” which is squamous cell carcinoma (skin cancer). Good
husbandry includes monitoring cattle for this condition and
intervening with removal or cryotherapy before the cancer becomes
signi icant. If the cancer cannot be reduced, the tissue around the
eye, and many times the eye, is removed. Pink eye is an infectious
keratoconjunctivitis that causes a very painful infection of the eye
globe (ball). The incidence of this disease is signi icantly reduced or
prevented through vaccination which is considered part of good
husbandry for beef cattle. In the event cattle contract pink eye the
treatment includes antibiotics in order to limit and cure the
infection. Permanent damage to the eye can be avoided with
vaccination and treatment in most cases.
We sorted and removed 14 of the cattle that were in the worst
condition. This included the 6 cattle in the east pasture that were in
emaciated condition, two calves in very poor condition and 6 other
very thin adult cattle that we sorted out of the group from the south
pasture.
Example 3
I entered the building at 10:02 AM through a door at the front of the

building and immediately saw that a small (approx. 6 feet by 6 feet)
entry area housed three cages and that the walls and ceiling were
covered in ly droppings. The odor inside the building was very, very
strong and smelled of feces and decomposition. The temperature in
the building felt approximately 10 degrees warmer than outside.
The investigations team had already been through the site,
numbering all of the cages and assigning letters to the birds, which
are the designations I will use as references in this report. Video
and photos had already been taken and as I walked through I used
yellow evidence tents to mark areas I felt were relevant for photos
or notes related to the care of the birds.
In the entry area the three cages that I observed labeled “1,” “2,” and
“3,” were representative of the cages in the other areas of the
building. No water, no perches, very small and inadequate habitat,
no food or food contaminated with feces, large piles of feces and
cage debris (bedding, seed) were piled up under the cages or below
the wire loors of cages. Many of the piles had been present long
enough to grow mold and for bird seed to sprout and grow in some
cases 3–6 inches in height.
Under cage “2,” immediately in the front door, the debris measured
just over 2 inches deep and was packed down indicating that it had
settled for weeks or more.
In cage “3,” just inside the door, I saw a kinkajou hiding under a
blanket. The cage for this animal was 20 inches by 36 inches
approximately which is many, many times too small for this species.
The cage lacked food, water, enrichment (activity space or toys) or
an enclosed area within the cage that is concealed for comfort and
security or a space suf icient for exercise.
Cage “1” in the entry area contained two pigeons with no water,
debris that was so deep in the bottom of the cage that it was up
against the wire loor and lack of suf icient space for the birds to
move around without feather damage. (See photos please.)
After the entry way I entered a large room (approx. 20 by 40 feet)
that was illed with birds of many, many types in cages. Over 12 ly
tapes that were covered in lies hung from the ceiling, and the walls
and ceiling were covered in ly feces.
My immediate observations of the birds and the environment
indicated to me that they were in very, very poor conditions and
needed immediate assistance.
Example 4
A large, red colored barn on the property was vacant on the bottom
loor and had several stalls made of pallets that were tied together.
In one stall I saw some small bales of straw material that looked
suitable for stall bedding and a domestic short haired black and
white cat that ran away when approached. The second stall was
empty.
In the third stall I observed a chestnut colored horse with a body
condition score of one, meaning emaciated. That mare had a very
long, knotted mane and tail, was emaciated and had a deep wound
visible on her left rear leg just below the fetlock. The limb was
swollen with edema ( luid accumulation). There was a small
amount of granulation tissue forming around the wound indicating
the wound was over 7–10 days old. I saw a 50 gallon garbage can
tied to the inside of the stall with some water in it. The water level
was at about 50% and I saw the horse was having dif iculty
reaching it. There was no hay in the stall at the time of my visit.
A fourth stall had a black and white paint pony type horse inside it.
The horse’s body condition score was a one, meaning emaciated. I
could clearly see the horse’s ribs and tail pins. The watering system
in this stall was set up the same way. The horse was about 11–12
hands tall and the water remaining in the garbage can was 6 inches
deep and could not be reached by the horse. There was no food in
the stall with the horse.
Behind the red barn in an area with an overhang another horse was
standing on a deep pile (4 feet plus) of manure and straw and
looking out at us. That was also a smaller paint pony-type horse
with a body condition score of three. There was no water receptacle
available to the horse in this area.
Language Options for Adoption Contracts

Purpose: This document lists special considerations when placing
animals from cruelty cases for adoption. Special considerations should
be customized to the case or your agency’s needs
Options for Adoption Contract Clauses for Animal from
Criminal Cases
I agree to provide food, water, shelter, exercise, socialization, and
veterinary treatment as my companion animal may require
throughout its lifetime at levels equal to or greater than the
minimum care standards codi ied in [insert statute].
I af irm that I will be the sole caretaker and owner of [insert
animal identi ier]. I further af irm that I am not adopting [insert
animal identi ier] on behalf of any third person or entity.
I understand that [insert animal identi ier] is part of a criminal
case iled by [insert prosecutor of ice]. I understand that, due to
the pending criminal case in [insert county], I must make [insert
animal identi ier] available at the request of [insert
agency/organization name] or [insert prosecutor of ice] for
any evidentiary purpose until the case is resolved.
Until this criminal case is resolved I will keep [insert
agency/organization name] apprised of [insert animal
identi ier]'s location. If I relocate with [insert animal identi ier],
I will provide an updated address for [insert animal identi ier]'s
location within 48 hours to [insert agency/organization name].
I understand that the transfer of ownership of [insert animal
identi ier] to me has been approved on the condition that I do not
rehome, sell, or otherwise permanently transfer the physical
custody of [insert animal identi ier] to any other person, agency,
corporation, or entity without adequate notice to [insert
agency/organization name].
I understand that [insert state] law prohibits an animal forfeited
in a criminal case from being returned to the person or persons it
was originally forfeited from. Under [insert statute] this crime of
[insert name of the offense] is a [insert offense level].(This is
state speci ic. Check your state laws to determine if a stipulation like
this would be relevant in your jurisdiction.)
State Evidence Retention and Disposition

Rules
Purpose: A reference for state speci ic laws or regulations on the
retention and disposition of evidence in criminal cases
State Evidence Retention and Disposition Rules
Resources
1. Alaska
a. Alaska Stat. § 12.36.200
2. Arizona
a. Ariz. Rev. Stat. Ann. § 13-4221
3. Arkansas
a. A.C.A. § 12-12-104
4. California
a. Cal Pen Code § 1417.9
5. District of Columbia
a. D.C. Code § 22-4134
6. Georgia
a. Ga. Code Ann. § 17-5-56
7. Kentucky
a. Ky. Rev. Stat. Ann. § 524.140
8. Louisiana
a. La. Rev. Stat. Ann. § 15:621
9. Massachusetts
a. Mass. Gen. Laws. Ch. 278A § 16
10. Michigan
a. Mich. Comp. Laws. Ann. § 770.16
11. Minnesota
a. Minn. Stat. Ann. § 590.10
12. Mississippi
a. Miss. Code Ann. § 99-49-1
13. Montana
a. Mont. Code Ann. 46-21-111
14. Nebraska
a. Neb. Rev. Stat. Ann. § 29-4125
15. Nevada
a. Nev. Rev. Stat. Ann. § 176.0912
16. New Hampshire
a. N.H. Rev. Stat. Ann. § 651-D:3
17. North Carolina
a. N.C. Gen. Stat. Ann. § 15A-268
18. Ohio
a. Ohio Rev. Code Ann. § 2933.82
19. Oklahoma
a. Okla. Stat. Ann. Tit. 22 § 1372
20. Rhode Island
a. R.I. Gen. Laws Ann. § 10-9.1-11
21. Texas
a. Tex. Code Crim. Proc. art. 38.43
22. Wisconsin
a. Wis. Stat. Ann. § 978.08
Resource List: Grants for Animal Cruelty

Case Work
Purpose: A list of organizations that may provide funding to support
animal cruelty investigation and case work
Resource List: Grants for Animal Cruelty Case Work
https://aldf.org/how_we_work/criminal-justice
The Association of Prosecuting Attorneys
https://www.sheriffs.org/programs/national-law-
enforcement-center-animal-abuse
The American Society for the Prevention of Cruelty to Animals
(ASPCA)
https://www.aspca.org/about-us/aspca-grants
National District Attorneys Association
https://ndaa.org/programs/animal-abuse
American Humane
https://www.americanhumane.org/initiative/second-chance-
grants
The Humane Society of the United States
https://humanepro.org/grant-listings
The Glaser Progress Foundation
http://www.glaserprogress.org/grants/index.asp
Red Rover Relief
https://redrover.org/relief
The Association for Animal Welfare Advancement
https://theaawa.org/page/GrantSources
California Department of Food and Agriculture
https://www.cdfa.ca.gov/SpayNeuter
Kenneth A. Scott Charitable Trust
https://kennethscottcharitabletrust.org/mission-and-grant-
guidelines
Forensic Veterinary Investigations, LLC
http://www.vetinvestigator.com/animaldoeproject
The William and Charlotte Parks Foundation for Animal Welfare
https://www.parksfoundation.org/types-of-grants
Oklahoma Alliance for Animals
https://animalallianceok.org/programs/ ighting-cruelty
Bikers Against Animal Cruelty
https://www.bikersagainstanimalcruelty.org/about-us
Ban ield Foundation
https://vet.ban ield.com/ban ield-foundation/programs
Hugs and Kisses Animal Fund
https://hugsandkissesanimalfund.org/grant-application
Ian Somerhalder Foundation
https://www.isfoundation.com/ISFEmergencyMedicalGrant
Second Chance Fund
https://thesecondchancefund.org
Napa Valley Community Foundation
https://www.napavalleycf.org/wp-
content/uploads/2020/11/FY21-NVCF-Gotelli-Fund-RFP.pdf
Index
Page numbers in italics refer to illustrations; those in bold refer to

tables
a
Action Notice form 341–342
active animal cruelty 2–3
acute conditions 3
adoptions
evidence animals 156–157
language options for adoption contracts 438
aerial maps 101, 110
af idavit, for a search warrant 5
drafting 103–110
articulating probable cause for crimes 104–106
checklist 369–370
laws to reference 109
telling the story 103–104, 105
training and experience section 103
what to request to seize 106–107
where to request to search 107–108
template 406–407
aggressive animals, planning for 99, 113
guard dogs 98–99, 115
see also handling dif icult animals
Alford plea 7
ammonia 28
see also sanitation
amphibians 16
animal, de initions of 2, 14
by category 16
animal cruelty
active 2–3
case initiation 61–62
grants for case work 440
link with human crimes 37
passive 3
Animal Cruelty Case Consent to Search form 343
Animal Cruelty Case Relinquishment form 344
animal ighting 27, 87, 101
evidence to seize 107
see also cock ighting; dog ighting
animal hoarding see hoarding cases
animal husbandry see husbandry
animal neglect 3, 60, 60
benign neglect 88–89
Animal Observation Chart (Appetite, Elimination, and Weight) 354
animal placement 112
animal processing 121–123
immediately post warrant service 128
order of removal 122
removal process 122–123
veterinarian’s role 121–122
anonymous reports 39
apparent authority 96
appeals 246
aquatics 16
as evidence animals 151
arraignment 7
authentication 7
avian species see birds
b
behavior observations 76–77
bench probation 11
bench trial 11
bestiality see sexual abuse of an animal
Bill of Sale and Relinquishment of Animal Ownership template 410
birds 16
basic care needs 20–21, 21
crime scene processing supply list 377
see also cock ighting
bites, from evidence animals 151
bloodsports see animal ighting
blunt force trauma 4, 172–173
case protocols 274–281
victim dies 274–276
victim lives 278–281
body condition 32–33
documentation 33, 34, 73
body condition score (BCS) 4, 32, 73, 74, 194
bond-or-forfeit statutes 227–230
constitutional compliance 229–230
examples 228–229, 228, 229
Brady material 8
breeding operation, substandard, case protocol 269–273
brie ing 8
pre-warrant service 114–115, 432
bright, alert, and responsive (BAR) 4
bruising 169, 170
burden of proof 238
burns 173, 174
case protocols 294–301
c
camera log 124, 381
Canine CODIS 140
canines see dogs
Case Animal Intake Checklist 368
case packet 192–195
importance of 192
process 192–193
suggestions 194–195
what to include 193–194
case protocols
blunt force trauma 274–281
burned animals 294–301
cock ighting 319–322
dog ighting 324–328
drowning 306–308
failure to provide veterinary care 253–256
gunshot wounds 286–289
heat stroke/hyperthermia 314–317
hoarding cases 263–267
mutilated or skinned animal 290–293
poisoning 310–313
sexual assault of an animal 302–305
sharp force injuries 282–285
starvation/emaciation 258–261
substandard breeding or rescue operations 269–273
Case Submission Checklist 384–385
Case Submission Inventory 386
Case Timeline 387
cats
basic care needs 18, 18
hoarding cases 40, 41, 60, 79, 81, 93
cattle, basic care needs 16–17, 17
CBC/chemistry 4
chain of command structure 429
chain of custody 5, 137
animals born in protective custody 205
evidence animals 147–149, 148, 149
necropsy records 160, 164
chain of custody forms 126, 127–128, 194
Live Animal Tracking Form 355–357
Continuation Page 361
Non-Living Evidence Tracking Form 359–360
charging enhancement 8
charging information 8
chronic conditions 4
citation 5
civil asset forfeiture 227
civilian 6
claw examination 75, 75
coat condition 74
matting 19, 20
evidence packaging 140
cock ighting
case protocol 319–322
crime scene evaluation 161, 162
Game Cock Physical Evaluation form 348–349
protective custody 149
roosters as contraband 225
coerced consent 96
collars 19, 19
as evidence 140
communications policy 215
template 396–398
community cats 18
compliance monitoring 92
guidance 428action notice 91
noncompliance 92–93
compliance notices 90, 91
confessions 45–46, 50
con identiality
forms for warrant search participants 125
in Protective Custody 200
veterinary forensic issues 56–57
Con identiality Agreement 399
con inement 27
con licts of interest 58–59
consent to search and/or seizure 96
Animal Cruelty Case Consent to Search form 343
continuing discovery 194
contraband, animal as 223, 224–225
cost-of-care lien 223, 231
foreclosure checklist 389
crime report 183–184, 193
behavior of animals 184
delivery of warnings or notices 184
ield notes 184
physical location information 183–184
sensory experience 183
statements from individual co-suspects 183
crime scene
Access Log 362
evaluation 161, 162
processing roles 430–431
Crime Scene Processing Roles and Responsibilities form 363–
364
Processing Supply List 371–380
veterinarian’s report 185
examples of on scene assessments 435–437
witness report form 405
crime victim 221
criminal negligence 10
cross-reporting 44
cruelty see animal cruelty
d
dangerous animals see handling dif icult animals
deceased animals
as evidence 133, 140–141
death in Protective Custody 204
see also necropsy
defendant 8, 236
rights of 237
defense attorney 236–237
deferred sentencing 240
de initions, importance of 2
dental care requirements 33–34, 34
diagnostic imaging at necropsy 165–166
diagnostic tests 77–79, 78
diagrams 80
dif icult animals see handling dif icult animals
diversion 8
DNA analysis 79
evidence collection 140
documentation 31, 32
animal ownership 102
body condition 33, 34, 73, 194
cost of care 85, 194
death in Protective Custody 204, 205
evidence after seizure 152
examination indings 72, 80–82
diagrams 80
photography 68–71, 68–70, 72
forms 123–126
camera log 124
chain of custody forms 126, 127–128
con identiality forms 125
evidence placards 126, 365
Habitat Evaluations 124, 124, 338–340
notice language 125
Property in Custody 123–124
relinquishment forms 125–126, 344
scene access log 126
transport inventory 125, 366
initial site visit 42
interviews 51
living environment 31, 32, 120
necropsy indings 161–164, 164, 165, 167–168, 175
warrant search 117–118, 119
conditions 120
initial scene video 118
map 118, 119
separate crime scenes 120–121, 120, 121
temperature 117
see also photographs; videography
dog ighting
DNA database 140
typical injuries 74
dogs
basic care needs 19
collars and chains 19, 19
see also dog ighting
domestic animals 16
drowning 173
e
easy keeper 4
educating owners 87–90
electronic control devices (ECDs) 99
electronic evidence 132
emaciation 174
emergency issues 37
euthanasia 85
evidence animals 149
exception to warrant requirement 97
treatment 84–85
environment see living environment
equine species, basic care needs 17–18
euthanasia 85
evidence animals 152–153
seized animals 222
evidence 6, 130, 433–434
chain of custody 5, 137, 147–149, 148, 149
collection of 130
documentation 120–121, 121
list of examples 433–434
living evidence 133–135, 134, 141–142, 196–197
adoptions 156–157
after trial 156–157
animals that cannot be handled 150–151, 151
aquatic animals 151
at trial 154–155
bites from 151
caretaker duties and expectations 153
chain of custody 147–149, 148, 149
challenges 196–197
defendant’s access 154
emergency care 149
euthanasia issues 151–152
labeling and evidence identi iers 141–142, 142, 143
management of until trial 153–154
options if not seizing all animals 135
paperwork associated with ongoing care 153
photographing the scene 143–145, 144, 145–146
pregnant animals 149
Property in Custody form 146
recovery implications 153
searching for 135–136, 136, 137
third party owners 154, 156
see also Protective Custody; seized animals
nonliving evidence 130–133, 137–141
at trial 154
deceased animals 133, 140–141
defendant’s access 152–153
disposal methods 156
electronics 132
evaluation and documentation 152
habitats 132, 132
husbandry supplies 132
management of until trial 152–153
medication 131–132, 139–140
notice of disposition to defendants 155
paperwork 131, 131, 137–138
searching for 133
timeframes for retention 155
use at or donation to shelter 156
see also evidence packaging
presentation of at trial 243
receipt form 382–383
state evidence retention and disposition rules 439
storage 112
evidence packaging 79, 136–152
nonliving evidence 137–141
animal remains 140–141, 159–160
DNA 140
fecal samples 139
food samples 138, 138
mats 140
medication 139–140
paperwork 137–138
restraints 140
tissue samples 139
water samples 138
evidence placards 126, 365
Evidence Transport Inventory and Tracker form 366
examination see live animal examination
exigent circumstances 96–97
exotics, basic care needs 23
expert witnesses 8
questioning 247–248
f
feather picking 21, 21
fecal samples 139
felines see cats
ferrets, basic care needs 19–20
ighting see animal ighting; cock ighting; dog ighting
inancial barriers for owners 88–89
Five Freedoms 15
food provision 28–29
accessibility 29
nutrition requirements 30, 31
sanitation requirements 28, 29
type and amount 29–30
see hoof
foot examination 75
foreclosure 9
cost-of-care lien foreclosure checklist 389
Lien Foreclosure Notice Document template 415–417
sample newspaper notice ad template for lien foreclosure 418
script template for lien foreclosure sale 419–420
foreclosure law 109
forensics 56
see also necropsy; veterinary forensics
forfeiture 8–9
civil asset 227
postconviction 9
preconviction 8–9, 223, 226–230
bond-or-forfeit statutes 227–230, 228, 229
via sentencing 223, 231
Forfeiture Hearing Checklist 390
forfeiture law 109
Forfeiture Order template 413–414
Forfeiture Petition template 411–412
forms see documentation; speci ic forms
foster care 203–204
costs 216
protective custody foster care agreement 400–401
fractures 169–170
fundraising 215–220
guidelines 218–220
necessity of 215–216
restitution and 217–218
timing 217
traditional methods 217
vulnerabilities created 216–217
Game Cock Physical Evaluation form 348–349
g
goats, basic care needs 16–17
good animal husbandry 3
Grand Jury 9
grants for animal cruelty case work 440
gunshot wounds 170–171, 171
h
habitat see living environment
Habitat Evaluation forms 124, 124, 338–340
handling dif icult animals
evidence animals 150–151, 151
live examination 80
hearing 9
heat stroke 314
histopathology 166
hoarding cases 40, 41, 60, 79, 81, 93–94, 93, 94
locating animals 135–136, 137
hoof care requirements 33–34, 34
hoof examination 75
hoofstock species, basic care needs 16–17
horses
basic care needs 17–18
human welfare concerns 44
husbandry
good animal husbandry 3
supplies as evidence 132
hyperthermia 314
i
initial site visit 40–44
see also owner contact
injuries 73–74
intentional behavior 10
interdisciplinary roles 25–26
interview 6, 45
body language assessment 50
building rapport 47–48
confessions 50
custodial setting 46–47
detecting deception 50
documentation 51
ending 51
location and setting 46
Miranda and consent 46–47
open-ended questions 48–49
preparation for 45
suspect interviews 49–50
training and resources 51
Investigations Triage Matrix 427
j
jargon 182
Judge 235
judgment 9
judgment of acquittal 243
jury trial 12
jury selection 242, 248
see also trial
k
kennel run sanitation 28
knowing behavior 10
l
Large Animal Premises Inspection Report 339–340
lay witness 9
lien 9
cost-of-care 223, 231
lien foreclosure
checklist 389
Notice Document template 415–417
sample newspaper notice ad template 418
script template for lien foreclosure sale 419–420
ligature marks 174–175
litterbox sanitation 28
live animal examination 65–83, 65, 197–198
animal identi ication 71
animals that cannot be handled safely 80
behavior observations 76–77
body condition score 73, 74
coat condition 74
diagnostic tests 77–79, 78
DNA analysis 79
documentation of indings 72, 80–82
diagrams 80
photography 68–71, 68–70, 72
equipment checklist 345
feet, claws, paws, hooves 75, 75
illustrating indings 66
injuries 74–75
medical history 67
multiple animal cases 80
oral exam 75
pain evaluation 77
parasites 74
preparation for 67–68
quality, consistency, and ef iciency 71
radiography 72–73, 73, 78
recheck exams 83–84
sample collection 74, 76, 79
use of sight and smell 74
veterinarian’s report and conclusion 81–82, 186
supplemental reports and updates 84
livestock 16
lividity 4
living environment 26–27
as evidence 132, 132
con inement 27
documentation 31, 32
environmental enrichment in Protective Custody 202–203
reports of concern 38, 39
sanitation 27–28, 28
shelter requirements 25, 26, 27
surrounding areas 27
living evidence see evidence
m
mandatory reporting 3 see also, reports of concern
matted coat 19, 20
media coverage 207–214
defendant’s rights 209
existing guidelines 210–212
for animal care organizations 211–212
for law enforcement 211
for media 210
for prosecutors 211
for veterinarians 211
handling negative press 214–215
internal communications policy drafting 215
media plan 128
objectives 208–209
for animal care agencies 209
for law enforcement or investigating agency 208–209
for media 209
for veterinarians 209
phases of the case 212–214
after trial 214
citation or arrest 213
during trial 214
initial report 212
ongoing investigation 212
pending trial 213
search warrant execution 212–213
risks in media coverage 210
types of 207–208
media policy template 396–398
medical history 67
medical records requests 57
medication
as evidence 131–132
packaging 139–140
provision requirement 35–36, 35
Memorandum of Understanding template 394–395
mental state 9–10
Minimum Care Checklist 333–334
Miranda warnings 6, 46
motions 10, 241–242
Multi-Animal Site Visit Report 335–337
multiple animal cases 80
behavior observations 76
mutilated animal case protocol 290–293
n
necropsy 4, 85, 141, 158
at owner’s request 159
case history 160
chain of custody records 160, 164
diagnostic imaging 165–166
disposition of remains 175
documentation 161–164, 167–168, 175
photography 161–162, 164, 165, 165
external examination 167–168
importance of 158–159
initial exam of remains and materials 163–165, 164, 165
internal examination 168–175
abdomen 169
blunt force injury 172–173
bruising 169, 170
burns 173, 174
drowning 173
ears 168
extremities 169
fractures 169–170
gunshot wounds and projectile/penetrating injuries 170–171,
171
head 169
injuries with patterns 173
integument and subcutaneous tissues 168
neck 169
oral cavity 168, 168
puncture wounds 173
sexual abuse 173
sharp force injury 172, 172
starvation/emaciation 174
strangling/ligature 174–175
thorax 169
laboratory services 166
Necropsy Exam Notes form 350–353
packaging and storage prior to necropsy 159–160
postmortem interval (PMI) estimation 167
preparation for 160–163
assistant 160–161
crime scene evaluation 161, 162
medical notes, forms and templates 163
photography 161–162
video 162–163
protocols 160
reporting see necropsy report
tools and equipment 160, 163
necropsy report 175–179, 188–189
conclusion and inal veterinary opinion 177, 178
indings section 176–177
heading 175–176
narrative section 176
referencing the law 177–178, 179
signature and attachments 178
summary section 177
neglect see animal neglect
newborn animals in Protective Custody 205–206
nonaccidental injury or death 4, 36, 36
veterinarian’s evidence 60–61, 61
noncompliance 92–93
Notice Letter of Future Discovery template 421
nutrition requirements 30, 31
see also food provision
o
of icer safety 6
offsite boarding 203–204
On Scene Habitat Evaluation form 338
open-ended questions 48–49
oral exam 75
at necropsy 168, 168
ordinance enforcement 91–92
outbuilding search 108
owner contact 41–43
exigent circumstances 43, 44
owner not home/no answer 41–42, 41
owner uncooperative 43
responsible party not available 42
successful contact 42
unable to make contact 43
owners
documentation 102
education and guidance 87–90
poverty and inancial barriers 88–89, 89
setting expectations 90–91
third-party owners 7, 102
evidence animals 154, 156
see also owner contact
ownership history 65–66
p
pain evaluation 77
paperwork
as evidence 131, 131
ongoing care of evidence animals 153
packaging of 137–138
Protective Custody 201–202
parasites
external 74
treatment 79
passive animal cruelty 3
passive voice 182
penetrating injuries 170–171, 171
personal protective equipment 113
for necropsy 163
photographs
camera log 124, 381
examination indings 68–71, 68–70, 72
inclusion in case packet 194
necropsy indings 161–162
photographing the scene 143–145, 144, 145–146
veterinarian’s report 186–187, 187
witness statements 191
see also documentation
physical abuse 36, 36
plain view exception to warrant requirement 97–98
plea bargain/agreement 10, 240
poisoning case protocol 310–313
possession ban 10
postconviction forfeiture 9
postmortem interval (PMI) estimation 167
poultry 16
poverty 88–89
preconviction forfeiture 8–9, 223, 226–230
constitutional compliance 229–230
examples 228–229, 228, 229
predation 5
pregnant animals, as evidence animals 150
pretrial hearing 10
print media 208private laboratory problems 247
probable cause 6
probation 11
projectile injuries 170–171, 171
Property in Custody form 123–124, 146, 382–383
property searches see search warrants; searches
prosecutors 234–235
media guidelines 211
role in search warrant applications 110
Protective Custody 6, 196–197, 197
care agency’s capacity 198–199
con identiality 200
costs 215–216
death whilst in care 204
environmental enrichment 202–203
euthanasia 205
facility set-up and security 199–200, 199
irst 24 hours 197–198, 198
foster care 203–204
agreement 400–401
offsite boarding 203–204
offspring born in care 205–206
paperwork and record keeping 201–202
Property in Custody form 123–124, 146, 382–383
sign in/out form 202
veterinary exam forms 201
staff training 200, 201
veterinary care 83–84, 204
see also evidence; seized animals
public information considerations 57–58
Public Information Of icer (PIO) 6, 208–209
puncture wounds 173
q
questions see interview
r
rabbits, basic care needs 19–20, 20
radio coverage 208
radiographic examination 5, 72–73, 73, 78
at necropsy 165–166
rapport-building strategies 47–48
reasonable suspicion 6
rechecks
for compliance monitoring 92
guidance 428
live animal examinations 83–84
reckless behavior 10
release order 11
relinquishment forms 125–126, 224, 344
Bill of Sale and Relinquishment of Animal Ownership template 410
report writing 180
crime report 183–184
general principles 180–183
chronological order 180–181
headings 180
jargon 182
passive voice 181–182
proofreading 182
quoting 183
topic sentences 181
see also necropsy report; veterinarian reports
reporting party 7
reports of concern 38, 61–62
anonymous reports 39
legitimacy assessment 40
required information 39
response triage 40, 427
veterinarian reports 55
reptiles 16
basic care needs 22–23, 22
Request for Live Animal Evidence Disposition template 424
rescue operation, substandard, case protocol 269–273
response to calls
attempting owner contact 41–42, 41
documentation 42
initial site visit 40–44
triage 40, 427
restitution 11, 194, 223, 230
fundraising and 217–218
Restitution Cover Letter template 422
Restitution Waiver template 423
restraints, as evidence 140
rigor 5
risk assessment 7
roosters as contraband 225
s
safety plan 102–103
sample collection 74, 76, 79
at necropsy 166–167
DNA 140
fecal samples 139
mats 140
tissue samples 139
water samples 138
sanitation 27–28, 28
scene access log 126
search warrants 7, 95
considerations unique to animal cruelty cases 100–103
number of crime scenes 101, 120–121, 120, 121
safety plan 102–103
species variety 100
third-party animal owners 102
time of year 101–102
timing 100
drafting checklist 369–370
exceptions to warrant requirement 95–98
consent 96
emergency aid 97
exigent circumstances 96–97
plain view 97–98
execution see searches
planning before serving the warrant 110–113
aggressive animal plan 99, 113
personal protective equipment 113
post warrant service paperwork 127–128
chain of custody documentation in place 127–128
media plan 128
notice about reports 128
paperwork generated by warrant service 128
warrant return 127, 409
presentation of warrant to judge 109–110
preservice brie ing 114–115, 432
prewarrant considerations 98–103
cohabitators 99
picture of the property 99–100
prosecutor role 109
serving the warrant 115–117
template 408
where to request to search 107–108
above and below ground 107–108
outbuildings 108
small spaces 107
vehicles 108
who will participate 108–109
searches
documentation 117–118, 119
conditions 120
forms 123–126
initial scene video 118
map 118, 119
separate crime scenes 120–121, 120, 121
temperature 117
evidence of other crimes 127
media coverage 212–213
multijurisdictional partnerships 112
animal placement 112
clarity of expectations 112
evidence storage 112
unexpected species 112
veterinary and animal handler experts 113
scene processing 116–117
witness report form 405
see also animal processing; search warrants
seized animals 222–223
as contraband 224–225
cost-of-care liens 231
expenses associated with 222–225
forfeiture via sentencing 223, 231
preconviction forfeiture 226–230
reasonable minimum care 222–223
restitution 230
voluntary relinquishment 224
see also evidence; Protective Custody
seizure 7
sentencing 11, 243, 248
deferred 240
sexual abuse of an animal
necropsy indings 173
sharp force injury 172, 172
shelter requirements 25, 26, 27
skinned animal case protocol 290–293
small mammals 16
SOAP (subjective, objective, assessment and plan) note 5
social media 208
specimen collection see sample collection
stall sanitation 28
starvation 30
necropsy indings 174
statements
from individual co-suspects 183
witness statements 128, 189–191, 193
stereotypic behavior 5
strangling 174–175
substandard breeding operation case protocol 269–273
substandard rescue operation case protocol 269–273
supervised probation 11
suspect 7
suspect interviews 49–50
t
TASERs 99
television news 208
terminology, importance of 2
testimony 11, 243
testifying tips 243, 244–246
third-party owners 7, 102
evidence animals 154, 156
tissue samples 139
toxicology 166
transport inventory 125
Evidence Transport Inventory and Tracker form 366
Transport Vehicle Log 367
treatment
failure to provide 35–36, 35
parasites 79
plans 83
see also veterinary care
trial 11–12, 233–234
appeals 246
behavior and demeanor in court 242
burden of proof 238
closing arguments 243
evidence presentation 243
jury selection 242, 248
media coverage 214
motions 241–242
for judgment of acquittal 243
opening statements 242
players 234–238
defendant 236
defense attorney 236–237
fact inder 235–236
judge 235
prosecutor 234–235
witnesses 238
sentencing 243, 248
steps preceding trial 238–240
testifying tips 243, 244–246
verdict 243
u
uncooperative animals see handling dif icult animals
urine 28
see also sanitation
v
vehicle internal temperature 314, 317
verdict 243
veterinarian reports 184–188, 193
conclusion 188
crime scene 185
examples of on scene assessments 435–437
description of victim animal population 185–186
live animal examination 81–82, 186
photos 186–187, 187
summary report form 403–404
supplemental reports 189
terminology and laymen’s terms 187–188
see also necropsy report
veterinarians
animal law knowledge 59–60
animal abuse 60–61
animal neglect 60, 60
as experts in the ield 15–16
con licts of interest 58–59
CV inclusion in case packet 194
media guidelines 211
reports see veterinarian reports
role in animal cruelty investigations 53–55, 54, 63–64
written report and conclusion 81–82
see also live animal examination; veterinary care; veterinary
forensics
role in forensic necropsy 179
see also necropsy
role in warrant searches 117
animal processing on scene 121–122
immediately post warrant service 127
suspected case reporting policy/protocol 402
warrant service assistance 113
veterinarian’s oath 55
veterinary care 83–86
costs of 216
documentation of 85, 194
emergency treatment 84–85
euthanasia 85
failure to provide 35–36, 35
inancial barriers 88
in Protective Custody 83–84, 204
recheck exams 83–84
requirements 23–24, 23
supplemental reports and updates 84
treatment plans 83
veterinary forensics 5, 53–54, 56, 63
con identiality issues 56–57
evidentiary material, 64–65, 64
public information considerations 57–58
versus veterinary medicine 55–56
Veterinary Forensic Exam Form 346–347
see also necropsy
victim of crime 12, 221
videography
necropsy 162
warrant search 117–118
voir dire 12
voluntary relinquishment 223, 224
relinquishment forms 125–126, 224, 344
vulnerable person concerns 44
w
warrant see search warrants
water provision 28–29
accessibility 29
amount 29–30
sanitation requirements 28, 29
water samples 138
wishlists 219
witness 7, 238
release of 246
report form 405
testimony 243
Witness List 193, 388
witness statements 189–191, 193
form 190
participants of search warrant execution 128
quick generation of 190
what to include 190–191
who should generate 189–190
x
X-rays see radiographic examination
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Animal Cruelty Investigations - A Collaborative Approach From Victim To Verdict™

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Animal Cruelty Investigations - A Collaborative Approach From Victim To Verdict™

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Table of Contents

Linda Fielder’s Acknowledgments

Emily Lewis’ Acknowledgments

Dr. Kris Otteman’s Acknowledgments

Introduction to the Appendix

All 50 states now criminalize cruelty to animals in one way or another.

1.1 Making the Most of This Resource

1.2 Why Definitions Are Important

1.3 Terms and Phrases: Animal Cruelty

1.3.2 Active Animal Cruelty

1.3.4 Good Animal Husbandry

1.3.5 Mandatory Reporting

1.4 Terms and Phrases: Veterinary Medicine

1.4.2 Bright, Alert, and Responsive (BAR)

1.4.3 Blunt Force Trauma

1.4.4 Body Condition Score (BCS)

1.4.7 Easy Keeper

1.4.10 Nonaccidental Injury or Death

1.4.15 Subjective, Objective, Assessment, and Plan

1.4.16 Stereotypic Behavior

1.4.18 Veterinary Forensics

1.5 Terms and Phrases: Law Enforcement

1.5.2 Chain of Custody

1.5.9 Officer Safety

1.5.10 Probable Cause

1.5.11 Protective Custody

1.5.12 Public Information Officer (PIO)

1.5.13 Reasonable Suspicion

1.5.14 Reporting Party

1.5.15 Risk Assessment

1.5.16 Search Warrant

1.5.19 Third‐Party Owner

1.6 Terms and Phrases: Criminal Law

1.6.4 Brady Material

1.6.6 Charging Enhancement

1.6.7 Charging Information

1.6.10 Expert Witness

1.6.11.1 Preconviction Forfeiture

1.6.11.2 Postconviction Forfeiture

1.6.13 Grand Jury

1.6.16 Lay Witness

1.6.18 Mental State

1.6.18.1 Criminal Negligence

1.6.18.4 Purposefully or Intentionally

1.6.21 Plea Bargain/Agreement

1.6.22 Pretrial Hearing

1.6.23 Possession Ban

1.6.24.1 Bench Probation

1.6.24.2 Supervised Probation

1.6.25 Release Order

1.6.30.1 Bench Trial

1.6.30.2 Jury Trial

1.6.32 Voir Dire

1.7 Looking Ahead

2.1 The History of the Five Freedoms and

Freedom from Hunger and Thirst: by ready access to fresh water

2.2 Veterinarians as Experts in the Field

2.3 With So Many Species, Where to Begin?

2.4 Defining Animals by Category

Livestock: animals raised in an agricultural setting, including

Some state statutes also categorize particular animals further as

2.5 Animal Basics by Species

2.5.3 Feline (Domestic Cats)