of gathering evidence, you must apply for a search warrant. Exceptions exist in certain cases where there is probable cause to believe that a criminal offense has been or is being committed. There are also ”exigent circumstances” exceptions to the warrant requirement. Exigent circumstances occur when law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others (including animals); the search is not motivated by an intent to arrest and seize evidence; and there is some reasonable basis to associate an emergency with the area or place to be searched. See United States v. Smith, 797 F.2d 836, 840 (10th Cir.1986). Key concepts: exigent circumstances and plain view doctrine Exigent circumstances In the context of animal cruelty, exigent circumstances exist if you find an animal in a situation that puts its life in imminent danger. Exigent circumstances exist when an animal: • Is severely emaciated and appears near death. • Appears too weak/injured to stand. • Has a collar embedded in its neck. • Has numerous sores on its body or obvious inflicted injuries such as stab wounds, bullet wounds, burns, etc. • Appears to be suffering from heatstroke. • Is limping, crying out, whimpering, vomiting, or exhibiting other signs of severe pain or distress. • Is inside a structure threatened by fire or flood. Plain view doctrine In the context of searches and seizures, the plain view doctrine provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a search warrant and are admissible as evidence. 8 The Humane Society of the United States For example: • You arrive at an address to investigate an animal cruelty complaint and you observe an animal that appears to be severely neglected or injured in plain view. You can use what you observed in your investigation. • You are executing a search warrant relating to dogfighting. During the search, you discover a severely neglected horse in a barn that is included in the list of areas to be searched in the search warrant. You can seize the horse as evidence. • An owner refuses to allow you on his property to see an animal. However, a neighbor allows you to observe the animal from their adjacent property. If your observations confirm the complaint, you can use them to apply for a search warrant. Based on your observations of the animal’s situation in plain view, you can do the following, depending on the animal’s condition: • Make contact with the owner to discuss the situation • Remove the animal if exigent circumstances exist • Apply for a search and seizure warrant See Animals conditions and circumstances for more examples. CAVEAT: These examples should not be construed as providing legal advice. Law enforcement officers should check with their agency’s legal advisor and DA’s office ahead of time for advice/clarification on situations involving exigent circumstances and the plain view doctrine. Applying for a search warrant A search warrant consists of the application for the warrant (a sworn affidavit of facts that support the request) and the warrant itself (the court order authorizing the search). Your application must identify in detail the person or place to be searched along with the items or animals to be seized. It must either contain or have attached the affidavit showing How to use this field guide
20028HS
To see the actual publication please follow the link above