Investigating Animal Cruelty 9 probable cause for its issuance. Check with your agency for prescribed or approved state forms for an Affidavit for Search Warrant and Search Warrant Return and Inventory. Other forms are included in Appendix IV: Sample forms and supplies list, along with additional resources. Consider the following questions when applying for a search warrant in an animal-related case: 1. Do you have any experience, expertise or special training relevant to the case? For example, the case involves dogfighting and you have attended a certified training course in illegal animal fighting investigations. 2. What is the exact location and description of the property to be searched? 3. What probable cause do you have to believe that a violation is being committed on the property? The judge’s decision to issue a search warrant will be based on your direct observations and reasons for wanting to conduct a search. Cite your reasons, followed by those of your witnesses (based on their sworn statements): • include the following information − The name, address, telephone number and date of birth of each person who provided you with a sworn statement. − The date of the sworn statement. • Review the statement to ensure that times, dates and instances of cruel behavior are carefully documented. • Repeat the process with each sworn statement that you have. 4. What are you specifically requesting to search? You must have probable cause for each area you wish to search. Specify all areas you want to search, such as the house, barn, all outbuildings, storage areas, vehicles, trailers, curtilage, etc. 5. What evidence are you asking the court to seize? You must include all items you expect to encounter. Specify all property and items that you wish to seize, such as animals, animal carcasses, drugs, records, computers, removable media, photographs/videotapes/DVDs, animal fighting paraphernalia, etc. Your list should be as comprehensive as possible, because any items seized outside the confines of what is specified on the search warrant may not be allowed as evidence. It is important to specify in your warrant that you wish to seize all animals born and unborn so as to ensure that any animals born after seizure are included in the scope of the warrant. 6. Does the affidavit present timely information? In general, to ensure that the conditions of the complaint have not changed, you should apply for the search warrant as soon as you ascertain that probable cause for a complaint exists. However, in large-scale cases, remember that you must be prepared to safely seize and house the animals when you apply for the warrant. Once the warrant is served and the animals are seized, you are responsible for the care of those animals. Before ruling on the warrant application, the judge may require the person swearing to the affidavit to appear and may question him or her under oath, along with any witnesses produced. This additional evidence must be put in writing and served with the warrant. The judge may not consider evidence that is not sworn to as part of the affidavit. Upon a finding of probable cause, the judge may authorize a search warrant to search for and seize property that: − Is obtained or possessed in a manner that is a criminal offense. − Is or has been used, or is intended to be used, as the means for committing a criminal offense. − Would be material evidence in a prosecution. NOTE: Be sure to consult the rules of criminal procedure for magistrates and courts in your state, as these set forth the procedure for How to use this field guide
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