• Remember not to make promises about with the surrender of the animal. For example, don’t promise that the owner won’t be charged if he surrenders his animal. An owner could use this kind of promise to claim that he was coerced into surrendering the animal. 2. The owner is cooperative but doesn’t want to surrender the animal. • Provide the owner with a list of requirements that must be completed within a specified time period to bring the animal’s situation into compliance with the law. The more serious the condition of the animal, the quicker the owner must act. Leave any notification in writing (see Appendix IV for a sample notice to comply). • Explain to the owner that you’ll return within the period specified and that the animal’s care must be in compliance with the instructions you left. Let the owner know that if it is not in compliance, he will be considered in violation of the law and may be charged or arrested. • Before you leave, ensure that whatever conditions prompted the complaint are corrected (e.g., make sure the animal has food, water, and shelter). • Return within the time period you specified and determine whether the animal’s situation has improved. 14 The Humane Society of the United States • If it has not, consider obtaining a search warrant and contacting the local animal control or humane agency to remove the animal from the property. NOTE: You must use your judgment. If you believe that an owner cannot or will not follow your instructions, take steps to obtain a search warrant to seize the animal. If it’s obvious that the person doesn’t have the means (monetary or otherwise) to correct the animal’s problem, consider obtaining a search warrant to seize the animal. 3. The owner is uncooperative, but you are allowed access to the animal. If the owner is uncooperative (e.g., refuses to acknowledge the state of the animals, acts belligerent, etc.), and you have a sworn complaint or you are the complainant based on what you have observed, then consider the following actions: a. Document any statements the owner makes. b. Apply for a search warrant and an arrest warrant. If possible, leave an officer at the scene if you have reason to believe that the owner will remove the animals before you can secure a search warrant and obtain the assistance you need to seize the animals. How to use this field guide
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