Animal Cruelty Investigations

1 Cover

2 Series Page 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 significant strengthening of Oregon’s animal protection laws.

3 Animal Cruelty Investigations: A Collaborative Approach from Victim to Verdict™ 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

4 Copyright Page

5 List of ContributorsEditors Contributors

6 Preface

7 AcknowledgmentsGeneral Acknowledgments Linda Fielder’s Acknowledgments Emily Lewis’ Acknowledgments Dr. Kris Otteman’s Acknowledgments

8 About the Companion Website

9 1 Introduction 1.1 Making the Most of This Resource 1.2 Why Definitions 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

10 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 Defining 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

11 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

12 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

13 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

14 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 Confidentiality and Medical Records Requests 6.5 Public Information Considerations 6.6 Conflicts 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

15 7 The Veterinary Exam and Treatment Plan 7.1 Request and Review Evidentiary Material 7.2 Initial Steps 7.3 Examination Key Elements References

16 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

17 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 Affidavit and Search Warrant 9.4 Before You Serve the Warrant 9.5 Preservice Briefing 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

18 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

19 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

20 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

21 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 Confidentiality 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

22 14 Media and Fundraising 14.1 Media Coverage 14.2 Handling Negative Press 14.3 Internal Communications Policy 14.4 Fundraising References

23 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

24 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

25 Introduction to the AppendixAppendix A Appendices B–D

26 Appendix A: Specific 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: Cockfighting Resources and References Case: Dogfighting Resources and References

27 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 Affidavit 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