Investigating Animal Cruelty 11 issuance of warrants in your state. If possible, ask the ADA assigned to the jurisdiction involved to check your search warrant for legal sufficiency before submitting it to a judge. Executing the search warrant If the magistrate agrees with your application, he or she will issue and sign a search warrant directing the law enforcement agency named on the warrant to legally enter and search the designated location and seize the property specified on the warrant. If the judge turns down your application, the reason will generally be an uncertainty about or lack of probable cause, in which case you will have to obtain more evidence and apply again. In most cases, a search warrant must be executed within a specified period* (e.g., 10 days) from the date of its issuance, or it becomes invalid. Unless the warrant expressly allows for a nighttime* search, you must execute the warrant between specified hours (e.g., between 6:00 a.m. and 10:00 p.m.). In addition, you must knock and announce your presence before you conduct the search unless the warrant expressly allows for a ”no-knock” search. Generally, you can remain on the property for as long as it takes to complete the search and perform the tasks associated with seizing evidence and documenting the animals. However, you must maintain a chain of custody by your continuous presence on the property. Post an officer on the scene if you must leave for a short period (e.g. to get an updated warrant for a new area to search, transport animals for treatment, etc.). Once the search warrant is executed, and you turn the property back over to the owner/occupant, you will need a new warrant to re-enter. Once the search is completed, give the original copy of the search warrant to the court and keep a copy in your possession. The person whose property is seized or searched must be given a copy of the search warrant (including the affidavit) and an inventory (receipt) of any property taken. The receipt should include a list of all animals (live and dead) and any related elements that indicate that the animals on the property were neglected or abused. If no one is on the property at the time of the warrant, a copy of the search warrant may be left in a prominent place such as a kitchen counter or dining room table. *Check with your agency’s legal advisor and/ or DA’s office ahead of time if you are unsure of your state’s requirements for executing search warrants. 2. Receiving an animal cruelty complaint Most of the animal-related complaints you receive will involve a person: • Negligently mistreating an animal • Injuring an animal • Killing an animal without lawful justification • Tormenting an animal • Abandoning or failing to provide necessary sustenance to an animal under that person’s custody or control Extreme cruelty cases will typically involve a person intentionally or maliciously torturing, mutilating, injuring, poisoning or killing an animal. Suggested questions to ask in response to an animal complaint: • What is the name and address of the alleged abuser? Can you provide a description? • Where did the alleged abuse take place? • What types of animals are involved in the complaint? How many animals are involved? • Why do you believe the animals are being abused or neglected? What did you see/hear/smell? How to use this field guide
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