Investigating Animal Cruelty 15 c. Contact the animal control or local humane agency and ask them to come to the scene. d. Execute the search warrant. Give a copy of the search warrant to the owner. (If the owner is not on the property, leave a copy in a prominent place.) e. Photograph the animal and his surroundings. f. Have the animal control or local humane agency remove the animal to a veterinarian or to a local animal shelter. g. Advise the owner of his/her rights per Miranda, and attempt to talk to him/her to determine how the situation came about. If he/she refuses to cooperate, consider making an arrest and removing him/her from the property. If the owner is not on the property consider obtaining a warrant for his/her arrest (and whoever else is responsible for the state of the animals) and charging him/her with violating the law. h. If the animal is taken to a veterinary clinic or sheltering facility, take additional photos there. Obtain a statement from the veterinarian documenting the animal’s condition. i. Meet with the DA’s office to discuss the case and present your evidence as soon as possible. 4. The owner is uncooperative and you are not allowed access to the animal. If the person refuses to allow you to see or examine the animal, the way you proceed will depend on the evidence you have: • If you have a sworn complaint and probable cause to believe that the complaint is valid, apply for a search warrant to enter the property. • If you do not have a sworn complaint, consider doing the following: − Look into the person’s background to see whether there have been previous complaints or convictions (conditions of probation). − Interview the neighbors to see whether anyone has knowledge of the situation and will sign a complaint. − Determine whether there is a health hazard to the neighbors (e.g., foul odors emanating from a garage where animals are kept or vermin present in the area of the property). You might gather enough information to be able to apply for a search warrant. • If you have nothing concrete to go on, you might have to wait until you obtain more information. When the animal is easily accessible If exigent circumstances exist and you can safely remove the animal, consider doing so rather than waiting to obtain a search warrant. 1. Take photographs of the animal. 2. Call the animal control or local humane agency to take the animal to a veterinarian or to an animal shelter. 3. If the animal is taken to a veterinary clinic or sheltering facility, take additional photographs of him/her there. Obtain a statement from the veterinarian documenting the animal’s condition. When the animal is not easily accessible If you believe exigent circumstances exist but the animal is not easily accessible (e.g., the animal is in a locked vehicle or behind a locked door), consider the following: • If you have exigent circumstances involving an animal suffering from heat exhaustion, such as a dog in a hot car, find a witness if possible, and do whatever is necessary (such as breaking the window) to remove the animal from the circumstances immediately. Note that you are responsible for securing the vehicle afterward. • If you can see the animal through the window of a locked* house or apartment or hear it crying in distress behind a closed or locked door, consider the following: How to use this field guide
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