Animal Cruelty Investigations

An acronym for “physical exam.”

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).

Radiograph means X‐ray.

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.

SOAP is a standardized method of documentation within an animal's medical record.

Abnormal behaviors seen in animals confined and deprived of environmental enrichment (i.e. circling, pacing, self‐mutilation).

Used when describing results that are normal or where nothing out of the ordinary has been found.

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

Generally speaking, a sworn statement. Also, the supporting document of a search warrant request that outlines the probable cause motivating the warrant request.

The documentation that tracks a piece of evidence and who it comes into contact with, from where it was found at the scene of a crime to the point it is being offered as evidence of that crime.

An official notice of a violation of state law generated by someone with authority to enforce those laws (i.e. law enforcement).

Any individual who is not a sworn peace officer.

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 defined 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.

Statements, objects, or information that indicates an alleged fact is more likely or less likely to be true [8].

The questioning of a witness or a suspect in furtherance of an investigation.

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].

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

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

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

A peace officer designated by a law enforcement agency to be the liaison between the department and representatives of the media.

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

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

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

An order from a judge that commands a peace officer to search a specified location and seize specific evidence of a particular crime(s).

In the context of criminal cases, taking custody of an individual's property or the individual themselves, within the bounds and under the authority of a warrant.

An individual who is believed to have committed a crime but against whom no criminal charges have been filed yet.

An individual, not the suspect, who has an ownership interest in an item of property.

An individual who has knowledge pertaining to or has personally experienced (with any one of their senses) anything relevant to a criminal investigation.

A plea that maintains innocence but acknowledges that the prosecution could meet its burden of proof with the evidence available.

The proceeding in which charges are officially filed and the defendant enters a plea of guilty or not guilty.

A process that seeks to admit items into evidence by proving they are true or genuine [10].

Any information or evidence that is favorable to the defendant. Nondisclosure by the prosecution is a violation of the defendant's constitutional rights [11].

A persuasive document written for submission to a judge or court about an issue in a case.

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

This is the document the prosecuting attorney files with the court to initiate criminal charges that are supported by probable cause.

A criminal defendant is someone who has been charged with a crime.

An arrangement that results in dismissal of the charges if a defendant complies with the terms of a plea agreement (see below) for a specified length of time without any violations.

An expert witness is “[a] witness qualified by knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion about the evidence or a fact issue” [14]. A veterinarian will almost always be considered an expert witness. Expert witnesses are treated differently than other witnesses in a trial (see Chapter 16on trials for more information).