INVESTIGATION & PROSECUTION OF ANIMAL CRUELTY AND NEGLECT CASES

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FELONY ANIMAL CRUELTY TRAINING

FELONY ANIMAL CRUELTY TRAINING - Presentation

I. Observation

* What you observe while driving around is very important.

* Look for neglect:

lack of food

lack of shelter

lack of water

fly bites

skin sores

any signs of fighting injuries

a collar that is growing into an animal’s skin

* Not just abuse or cruelty

not just oozing sores

not just broken limbs, etc.

Cruelty cases must be given major attention. As HSUS has shown, and the First Strike program has addressed, there is a direct correlation between abuse of animals and violence in the home.

Animal abuse is frequently a first step towards future criminality. Serial murderers such as Ted Bundy, Jeffrey Dahmer began with animals. All serial killers that are known to the FBI today, have histories of animal cruelty. All of the teenage school yard shooters in the last several years have a history of animal cruelty. Had these instances been reported, investigated, charged and prosecuted - hundreds of people would not have been ruthlessly killed.

When you have a case involving a young person - handle it with extreme diligence and care. Intervening at this juncture can make a dramatic impact on future conduct. The quality of your case can be the true difference between life and death, for animals and people.

Consider case in Iowa where 30 cats where rounded up in a room and beaten to death with baseball bats by several teenagers.

* Some of my best cases have been from what an officer observed

on the condition of an animal - but had never been reported.

CASE STUDY: Sharpei case - San Francisco Fisherman's Wharf

II. Responding to complaint call

* Observations are important

* take notes - even if your do not issue a citation

* keep those notes for future reference

* good idea to keep notes for at least one year

* some officers keep these notebooks forever

* carry a Polaroid camera with you at all times

* if appropriate take photos

(see discussion below "plain view")

* truism - a photo is worth a thousand words

* especially good if case goes to jury

* photos help avoid "he said"/"she said"

* make contact with animal owner

* even for minor problems

* educate

- not just cite and prosecute

* you can tape record conversation without permission

* can be very helpful if conduct later is in question

* again - goal is health and safety of animals not just prosecutions

III. Report Writing

******DETAIL !!!! DETAIL !!!! DETAIL !!!! ******

* Remember there is no such thing as too much detail

* Lack of detail and specifics can cause problems for prosecution

Who

not just animal owners

all witnesses

all officers on scene

What

detail

why you responded to scene

i.e. drive by observation

or responding to complaint call

When

date and time of day

weather conditions

include temperature

Where

detail where on property - not just address

Why

detail why what you saw is violation of the law

How

detail all actions taken at scene

* who you spoke to

* what they said

* what you saw

* detail condition of animal

* attitude of animal

fearful? cowering?

* how does animal respond/react to owner

IV. Search Warrants

* "plain view"

* what you can see from a public vantage point

i.e. standing on public road

* you need to consult with your local prosecutor

* whether or not they will do warrants for animal cases

* some offices don’t do misdemeanor warrants

* exigent circumstances

* animal in peril of imminent death

i.e. hanging by neck from chain

head caught in fence and breathing difficulties

* not as clear

* animal in yard - below freezing temperatures

* how long will it take to get warrant

* if in doubt - save animals

* if you enter barns, private lands, houses etc. and seize evidence without a warrant such evidence can be suppressed and case gone

V. Other Important Considerations

* if you find dead animals try to get a local vet to come to scene and see animals and the surroundings in which they expired

* if dead animals you should have a necropsy done

* important to be able to establish cause of death

in criminal case

VI. Creative Dispositions

* with creative disposition you have control on sentencing or control factors over animal abuser/ owner. If go to trial, risk having acquittal. Even with conviction you may have a judge who does not take animal abuse seriously and gives a bad sentence.

* conditional discharge

* deferred sentence

* no jail time

* bad sentencing or outcome has no deterrent effect.

* don't make prosecution your major goal

* difference between "animal control" and "animal Gestapo"

* major goal to protect animals

* examples of creative dispositions

* raccoon case

* homeless person with abused dog

broken leg

worms

* sharpei case

* some suggestions for creative dispositions

* condition that person not have animals for proscribed period of time

* unannounced vet exams to determine if animals are being properly treated

* can be at owners expense

* community service at schools telling students about treatment of animals

* Consider time elements in prosecution of cases

* physical health of held animal

* diseases caught while held

* mental health of held animals

* kennel crazy

* If you feel your case will take time, and an animal is being held,

consider getting a prosecutors point of view. There is nothing worse that holding an animal for months, only to find out your case is insufficient and animal is returned. Your credibility is issue - and animal held for extended period of time is at risk.

SUGGESTIONS

* develop a relationship with your local prosecutor and seek advice on cases

* good animal prosecutors can really help you

* can advise even if you are one of the officers who present their

own cases in Court

 GET ADVICE SOONER RATHER THAN LATER

 THE EARLIER THE BETTER

 DELAYS CAN COST US THE ABILITY TO PROSECUTE THE CASE

 I (Theresa Welch) am always available to advise on animal cases. I can be reached through:

E-MAIL: TWELCH2000@HOTMAIL.COM (evening/weekend)

Theresa.Welch@nmshtd.state.nm.us (day)

Or these following people know how to reach me by phone: