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Animal Cruelty Investigations - A Collaborative Approach From Victim To Verdict™
Animal Cruelty Investigations - A Collaborative Approach From Victim To Verdict™
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
Resources and References
Case: Animal Hoarding
Resources and References
Case: Substandard Breeding or Rescue Operation
Resources and References
Case: Blunt Force Trauma: Victim Dies
Resources and References
Case: Blunt Force Trauma: Victim Lives
Resources and References
Case: Sharp Force Injuries
Resources and References
Case: Gunshot Wounds
Resources and References
Case: Mutilated or Skinned Animal
Resources and References
Case: Burned Animal: Victim Dies
Resources and References
Case: Burned Animal: Victim Lives
Resources and References
Case: Sexual Assault of An Animal
Resources and References
Case: Drowning
Resources and References
Case: Poisoning
Resources and References
Case: Heat Stroke/Hyperthermia
Resources and References
Case: Cock ighting
Resources and References
Case: Dog ighting
Resources and References
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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Library of Congress Cataloging-in-Publication Data Applied for
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List of Contributors
Editors
Linda Fielder, CAWA
Animal Legal Defense Fund
Cotati, CA
USA
Emily Lewis, JD, MSEL
Animal Legal Defense Fund
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.
www.wiley.com/go/otteman/victimtoverdict
The website includes:
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.
1.4.5 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).
1.4.8 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.
1.4.11 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.
1.4.17 Unremarkable
Used when describing results that are normal or where nothing out of
the ordinary has been found.
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].
1.5.18 Suspect
An individual who is believed to have committed a crime but against
whom no criminal charges have been iled yet.
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.
1.6.2 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].
1.6.5 Brief
A persuasive document written for submission to a judge or court
about an issue in a case.
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.
1.6.11 Forfeiture
A legal divestment of property that is ordered by a court.
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.
1.6.14 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.
1.6.17 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).
1.6.18.2 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.
1.6.19 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.
1.6.24 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.
1.6.26 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.
1.6.31 Victim
A being who has been injured through the commission of a crime.
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.
11 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 231. 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).
14 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 1920. St.
Paul, MN: Thomson Reuters.
15 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 1107. St.
Paul, MN: Thomson Reuters.
16 Uniform Laws Annotated, Model Penal Code, P I, article 2, s 2.02
2020 (USA).
17 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 1394. St.
Paul, MN: Thomson Reuters.
18 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 1438. St.
Paul, MN: Thomson Reuters.
19 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 1712. St.
Paul, MN: Thomson Reuters.
20 Garner, B.A. (2019). Black's Law Dictionary Standard, 11e, 1812. St.
Paul, MN: Thomson Reuters.
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].
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.
2.5.1 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.
2.5.6 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.
Source: Oregon Humane Society.
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.
Source: Oregon Humane Society.
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.
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
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:
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.
Source: Oregon Humane Society.
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.
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.
3.5 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?
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.
Source: Oregon Humane Society.
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.
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).
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.
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.
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.
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.
Source: Oregon Humane Society.
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
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.”
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.
5.8 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.
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
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.
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.
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.”.
7.3.1.6 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.
Source: Oregon Humane Society.
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
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.
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).
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.
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
(accessed 21 May 2021).
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
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.
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.
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
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.
9.2.1.2 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.
9.2.2.1 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.
9.3.1 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.
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.
9.3.6.3 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:
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).
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.
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.
Source: Oregon Humane Society.
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.
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
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.
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.
Source: Oregon Humane Society.
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.
10.3.2.6 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.
10.3.2.7 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.
10.3.2.9 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).
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.)
10.6.2.2 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
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.
Source: Oregon Humane Society.
Figure 11.3 These medications discovered on scene support the
probability that the deceased birds were used for cock ighting.
Source: Oregon Humane Society.
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.
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.
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
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.
Head
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
Fractures
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.
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
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.
Source: Oregon Humane Society.
Starvation/Emaciation
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.
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.
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.
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.
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.
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.
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.
12.4.5 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.
12.4.7 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.
12.5.3 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.)
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.
12.6.2 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.
12.7 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
Figure 13.3 In this photo, a secure warehouse is being prepared for the
intake of 150 exotic birds.
Source: Oregon Humane Society.
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.
14.1.1.3 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.
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].
14.4 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.
14.4.4 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.
14.4.6.2 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.
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.
3 Constitution of the United States, Amendment 4, (1791) (USA).
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.
6 Constitution of the United States, Amendment 1, (1791) (USA).
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
(accessed 30 May 2021).
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
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.
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.
15.12 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.
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:
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.
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
16.5.6 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
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.
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.
16.6.5 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.
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.
Introduction to the Appendix
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
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
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
Minimum Care Checklist
Evidence In Animal Cruelty Cases
Action Notice
Veterinarian
Actions that Apply to All Cases
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
Animal Care
Actions that Apply to All Cases
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
Forms
Prosecutor
Actions that Apply to All Cases
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
Forms
Investigator
Actions that Apply to All Cases
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
Veterinarian
Actions that Apply to All Cases
Questions
What is the condition of other animals with the same
owner/property?
What is the medical history of the animal?
Where was the animal found? Or how was it presented?
Forms
Summary Vet Report
Veterinary Forensic Exam Form
Evidence Placard
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Body Condition Score Chart
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
Forms
Protective Custody Foster Care Agreement
Evidence Placard
Nonliving and Live Evidence Tracking Forms
Case Animal Intake Checklist
Animal Observation Chart
Prosecutor
Actions that Apply to All Cases
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
Forms
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
Forms
Minimum Care Checklist
Multi-Animal Site Visit Report
On Scene Habitat Evaluation
Large Animal Premises Inspection Report
Evidence Tracking Forms
Evidence Placard
Nonliving and Live Evidence Tracking Forms
Animal Cruelty Case Relinquishment Form
Action Notice
Veterinarian
Actions That Apply To All Cases
Questions
Who owns the animals, are there third-party owners?
Forms
Veterinary Forensic Exam Form
Necropsy Exam Notes Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Summary Vet Report
Examples of On Scene Veterinary Assessments
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
Questions
Forms
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Evidence Placard
Prosecutor
Actions that Apply to All Cases
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
Forms
Example Forfeiture Hearing Checklist
Forfeiture Petition Template
Example Jury Instructions
Forfeiture Order Template
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
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
Minimum Care Checklist
Multi-Animal Site Visit Report
On Scene Habitat Evaluation
Animal Cruelty Case Relinquishment Form
Nonliving and Live Evidence Tracking Forms
Veterinarian
Actions that Apply to All Cases
Questions
Are there any known congenital abnormalities or diseases in the
group?
Forms
Examples of On Scene Veterinary Assessments
Veterinary Forensic Exam Form
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
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 veterinary care plan and contact list
Facilitate recheck appointments with the veterinarian
Provide behavior support and training to live evidence animals
Place animals in Protective Custody foster if appropriate
Start tracking and documenting costs of care for individual animals
on intake
Questions
Is there documentation of seizure or owner release?
Forms
Prosecutor
Actions that Apply to All Cases
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
Forms
Example Forfeiture Hearing Checklist
Forfeiture Petition Template
Example Jury Instructions
Forfeiture Order Template
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: records, photos, medication; see Appendix D
for comprehensive evidence list
Preserve the body as evidence. Do not freeze the body, if possible
Request a forensic necropsy
Engage veterinarian to assist with examination of the evidence and
the investigation
Apply for a search warrant when appropriate
Include diagnostic tests and collection of samples. See Appendix D
for comprehensive evidence list
Specific Case Actions
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
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
Veterinarian
Actions that Apply to All Cases
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
Complete written report
Questions
Ask the investigator questions that would further your assessment
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
Necropsy Exam Notes Form
Nonliving Evidence Tracking Forms
Evidence Placard
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
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
Prosecutor
Actions that Apply to All Cases
Request additional investigation, where appropriate, before
declining to prosecute
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 animals as
appropriate
Sign off on disposition of animal evidence when evidence
collection is complete and ownership has been resolved
Schedule pretrial meetings with veterinarian and other witnesses
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?
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 veterinary expertise 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
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
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
Questions
Where was the animal found? Or how was it presented?
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
Veterinary Forensic Exam Form
Animal Cruelty Case Relinquishment Form
Animal Observation Chart
Nonliving and Live Evidence Tracking Forms
Animal Care
Actions that Apply To All Cases
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 veterinary care plan and contact list
Facilitate recheck appointments with the veterinarian
Provide behavior support and training to live evidence animals
Place animals in Protective Custody foster if appropriate
Start tracking and documenting costs of care for individual animals
on intake
Questions
Who is the current owner of the animal?
Is there documentation of seizure or owner release?
What is the veterinary treatment plan?
Is the suspect aware of where the animal is being held?
Forms
Evidence Placard
Case Animal Intake Checklist
Protective Custody Foster Care Agreement
Animal Observation Chart
Nonliving and Live Evidence Tracking Forms
Prosecutor
Actions that Apply to All Cases
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
Specific Considerations
Include no contact with animals as a condition of release
Consider whether evidence of recovery will be impactful or inspire
leniency by the jury/judge
Questions
Are there any relevant enhancement statutes (i.e. in the presence
of a minor or prior domestic violence convictions)?
Are there other relevant charges in addition to abuse, i.e. neglect
for failure to seek care for injured animal?
Forms
Investigator
Actions that Apply to All Cases
Questions
Forms
Veterinarian
Actions that Apply to All Cases
Questions
Does the given explanation for the injury align with the wounds
and damage found?
Where was the animal found? Or how was it presented?
Is this a single- or multiple-animal incident?
Was veterinary care initiated if deceased? If so, are there records?
Forms
Animal Care
Actions That Apply To All Cases
Questions
Forms
Prosecutor
Actions that Apply to All Cases
Questions
Forms
Example Forfeiture Hearing Checklist
Forfeiture Petition Template
Example Jury Instructions
Forfeiture Order Template
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 appraised of any changes to the status
Questions
Forms
Animal Cruelty Consent to Search Form
Animal Cruelty Case Relinquishment Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Veterinarian
Actions That Apply To All Cases
Review map and any other evidence available from the scene
Follow up on medical progress and continue documentation
Questions
Where was the animal found? Or how was it presented?
Is this a single- or multiple-animal incident?
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
Necropsy Exam Notes Form
Veterinary Forensic Exam Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Animal Cruelty Case Relinquishment Form
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Actions That Apply To All Cases
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
Facilitate forensic necropsy
Questions
Forms
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Protective Custody Foster Care Agreement
Prosecutor
Actions that Apply to All Cases
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
Questions
If the animal is deceased, did the animal suffer and for how long?
Forms
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: records, photos, medication; see Appendix D
for comprehensive evidence list
Preserve the body as evidence. Do not freeze the body, if possible
Request a forensic necropsy
Engage veterinarian to assist with examination of the evidence and
the investigation
Apply for a search warrant when appropriate. Include diagnostic
tests and collection of samples. See Appendix D for comprehensive
evidence list
Questions
Forms
Veterinarian
Actions that Apply to All Cases
Review all records related to the case
Ask the investigator questions that would further your assessment
of the evidence presented to you
Exam or necropsy ideally within 24 hours
Follow photography and forensic necropsy protocols
Full-body radiographs
Collect samples for laboratory and pathology
Complete written report
Questions
Forms
Necropsy Exam Notes Form
Veterinary Forensic Exam Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Animal Cruelty Case Relinquishment Form
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
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
Questions
Is there documentation/paperwork transferring the custody of the
animal?
Forms
Prosecutor
Actions that Apply to All Cases
Request additional investigation, where appropriate, before
declining to prosecute
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 animals as
appropriate
Sign off on disposition of animal evidence when evidence
collection is complete and ownership has been resolved
Schedule pretrial meetings with veterinarian and other witnesses
Specific Case Considerations
Forms
A11.1 Investigator
Actions that Apply to All Cases
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
Veterinarian
Actions that Apply to All Cases
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)?
Where was the animal found? Or how was it presented?
Is this a single- or multiple-animal incident?
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
Animal Care
Actions that Apply to All Cases
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
Questions
Forms
Prosecutor
Actions that Apply to All Cases
Request additional investigation, where appropriate, before
declining to prosecute
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 animals as
appropriate
Sign off on disposition of animal evidence when evidence
collection is complete and ownership has been resolved
Schedule pretrial meetings with veterinarian and other witnesses
Investigator
Actions That Apply To All Cases
Questions
Forms
Veterinarian
Actions that Apply to All Cases
Questions
Where was the animal before the burns occurred?
How was the animal found?
Are speci ic chemicals or accelerants a consideration?
Where was the animal found? Or how was it presented?
Is this a single- or multiple-animal incident?
Was veterinary care initiated elsewhere?
Forms
Veterinary Forensic Exam Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Animal Cruelty Case Relinquishment Form
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Actions That Apply To All Cases
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 veterinary care plan and contact list
Facilitate recheck appointments with the veterinarian
Provide behavior support and training to live evidence animals
Place animals in Protective Custody foster if appropriate
Start tracking and documenting costs of care for individual animals
on intake
Questions
Can you provide the necessary care for a victim animal with these
injuries? If not, facilitate outside or referral care
Forms
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Protective Custody Foster Care Agreement
Prosecutor
Actions that Apply to All Cases
Forms
Questions
Forms
Animal Cruelty Consent to Search Form
Animal Cruelty Case Relinquishment Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Veterinarian
Actions that Apply to All Cases
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 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)
Questions
Where was the animal found? Or how was it presented?
Is this a single- or multiple-animal incident?
Was veterinary care initiated if deceased? If so, are there records?
Forms
Animal Care
Actions that Apply to All Cases
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 veterinary care plan and contact list
Facilitate recheck appointments with the veterinarian
Provide behavior support and training to live evidence animals
Place animals in protective custody foster if appropriate
Start tracking and documenting costs of care for individual animals
on intake
Forms
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Protective Custody Foster Care Agreement
Prosecutor
Actions that Apply to All Cases
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 veterinarian 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
Forms
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
Actions that Apply to All Cases
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
Veterinarian
Actions that Apply to All Cases
Questions
Forms
Animal Care
Actions that Apply to All Cases
Prosecutor
Actions That Apply To All Cases
Investigator
Actions that Apply to All Cases
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
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
Animal Cruelty Consent to Search Form
Animal Cruelty Case Relinquishment Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Veterinarian
Actions that Apply to All Cases
Review all records related to the case
Ask the investigator questions that would further your assessment
of the evidence presented to you
Veterinarian should examine immediately
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)
Specific Case Actions
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
Where was the animal found?
Is this a single- or multiple-animal incident?
Was veterinary care initiated if deceased? If so, are there records?
Forms
Necropsy Exam Notes Form
Veterinary Forensic Exam Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Animal Cruelty Case Relinquishment Form
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
Questions
Forms
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Protective Custody Foster Care Agreement
Prosecutor
Actions that Apply to All Cases
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 veterinarian 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
Forms
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
Animal Cruelty Consent to Search Form
Animal Cruelty Case Relinquishment Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
A16.2 Veterinarian
Actions that Apply to All Cases
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)
Questions
Where was the animal found?
Is this a single- or multiple-animal incident?
What was the ambient temperature at the time?
Was veterinary care initiated if deceased? If so, are there records?
Do physical exam or necropsy indings conclude heat exhaustion
or stroke? Rule out other causes
Forms
Necropsy Exam Notes Form
Veterinary Forensic Exam Form
Nonliving and Live Evidence Tracking Forms
Evidence Placard
Animal Cruelty Case Relinquishment Form
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
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 veterinary care plan and contact list
Facilitate recheck appointments with the veterinarian
Provide behavior support and training to live evidence animals
Place animals in Protective Custody foster if appropriate
Start tracking and documenting costs of care for individual animals
on intake
Questions
Is there documentation of seizure or owner release?
Forms
Nonliving and Live Evidence Tracking Forms
Animal Observation Chart
Protective Custody Foster Care Agreement
Prosecutor
Actions that Apply to All Cases
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
Forms
Example Forfeiture Hearing Checklist
Forfeiture Petition Template
Example Jury Instructions
Forfeiture Order Template
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
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
Questions
Forms
Veterinarian
Actions that Apply to All Cases
Review all records related to the case
Exam or evidence collection 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)
Specific Case Actions
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
Questions
Forms
Fighting Bird Exam Form
Evidence Placard
Veterinary Forensics Report
Summary Vet Report
Laboratory Submission Forms with chain of custody
Animal Care
Actions that Apply to All Cases
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 veterinary care plan and contact list
Facilitate recheck appointments with the veterinarian
Provide behavior support and training to live evidence animals
Place animals in Protective Custody foster if appropriate
Start tracking and documenting costs of care for individual animals
on intake
Questions
Who owns the birds?
What protocols are required by the state's department of
agriculture?
Forms
Evidence Placard
Volunteer Con identiality Forms
Nonliving and Live Evidence Tracking Forms
Prosecutor
Actions That Apply To All Cases
Questions
Forms
Example Cock ighting Warrant
Release Order Template
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
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
Questions
Forms
Multi-Animal Site Visit Report
On Scene Habitat Evaluation
Animal Cruelty Case Consent to Search
Animal Cruelty Case Relinquishment Form
Nonliving and Live Evidence Tracking Forms
Example Dog ighting Af idavit and Search Warrant
Evidence Placard
Veterinarian
Actions that Apply to All Cases
Review all records related to the case
Examination or evidence collection 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)
Questions
Forms
Animal Care
Actions that Apply to All Cases
Questions
Who owns the dogs? Are they seized?
Who will determine outcome for the dogs?
What is the media plan?
Forms
Evidence Placard
Nonliving and Live Evidence Tracking Forms
Con identiality Agreement
Prosecutor
Actions that Apply to All Cases
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 veterinarian 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
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:
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.
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:
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:
________________________________
Signature of Af iant
_______________________________
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
[insert name]
Received by:
__________________________________________________________________
Name(printed)
_____________________________________________
Signature/date
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.
______________________________________
[Insert prosecutor name and bar #]
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.
_________________________________
DATE: ____________
By ______________________________________
__________________________________________
_________________________________________
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.
FIRST CALL:
Are there any other bids higher than the current bid amount?
(pause for ive seconds)
SECOND CALL:
Are there any other bids higher than the current bid amount?
(pause for ive seconds)
THIRD CALL:
Are there any other bids higher than the current bid amount?
(pause for ive seconds)
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
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
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
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
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.
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
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
victim dies 289–291
victim lives 298–301
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
victim dies 274–276
victim lives 278–281
burned animals 294–301
victim dies 294–296
victim lives 298–301
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
crime scene processing supply list 377
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
Continuation Page 361
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
evidence to seize 106
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
case protocol 324–328
DNA database 140
evidence to seize 106
typical injuries 74
dogs
basic care needs 19
collars and chains 19, 19
crime scene processing supply list 378
guard dogs 98–99, 115
see also dog ighting
domestic animals 16
drowning 173
case protocol 306–308
e
easy keeper 4
educating owners 87–90
electronic control devices (ECDs) 99
electronic evidence 132
emaciation 174
case protocol 258–261
emergency issues 37
euthanasia 85
evidence animals 149
exception to warrant requirement 97
in Protective Custody 204
treatment 84–85
environment see living environment
equine species, basic care needs 17–18
euthanasia 85
evidence animals 152–153
in Protective Custody 205
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
Live Animal Tracking Form 355–358
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
Non-Living Evidence Tracking Form 359–360
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
what to request to seize 106–107
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
food samples 138, 138
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
see also cock ighting
g
goats, basic care needs 16–17
good animal husbandry 3
Grand Jury 9
grants for animal cruelty case work 440
guard dogs 98–99, 115
gunshot wounds 170–171, 171
case protocol 286–289
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
case protocol 314–317
histopathology 166
hoarding cases 40, 41, 60, 79, 81, 93–94, 93, 94
case protocol 263–267
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
crime scene processing supply list 379
human welfare concerns 44
husbandry
good animal husbandry 3
supplies as evidence 132
hyperthermia 314
case protocol 314–317
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
evidence packaging 79
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
Live Animal Tracking Form 355–357
Continuation Page 361
livestock 16
crime scene processing supply list 379
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
evidence packaging 140
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
Non-Living Evidence Tracking Form 359–360
Continuation Page 361
nonaccidental injury or death 4, 36, 36
link with human crimes 37
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
link with human crimes 37
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
basic care needs 21–22
poverty 88–89
preconviction forfeiture 8–9, 223, 226–230
bond-or-forfeit statutes 227–230
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
crime scene processing supply list 380
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
see also cock ighting
s
safety plan 102–103
sample collection 74, 76, 79
at necropsy 166–167
DNA 140
fecal samples 139
food samples 138, 138
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
guard dogs 98–99, 115
picture of the property 99–100
prosecutor role 109
serving the warrant 115–117
template 408
what to request to seize 106–107
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
bond-or-forfeit statutes 227–230
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
case protocol 302–305
necropsy indings 173
sharp force injury 172, 172
case protocol 282–285
shelter requirements 25, 26, 27
skinned animal case protocol 290–293
small mammals 16
basic care needs 19–20
crime scene processing supply list 380
SOAP (subjective, objective, assessment and plan) note 5
social media 208
specimen collection see sample collection
stall sanitation 28
starvation 30
case protocol 258–261
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
case protocol 252–255
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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