Investigating Animal Cruelty 45 while completely ignoring the necessity for seizing the dogs. It is important to remember that dogs in such cases must be treated as abused animals who must be removed for their protection and as evidence in a criminal proceeding. The appropriate official with the local humane society or animal control agency should be given adequate notice so transportation and housing of seized animals can be coordinated. Proper identification and documentation of animals seized in connection with illegal animal fighting ventures is critical for the chain of custody and the liability of the sheltering agency responsible for the care of the animals when the case goes to trial. Many states require that seized animals be held until the disposition of the court case. A detailed record of each animal’s condition and distinguishing features as originally found is strongly recommended. If a fight is in progress when the initial entry is made by a law enforcement team, the team leader should instruct any persons found to be in the arena to separate the dogs and go to opposite corners as soon as it is practical and safe to do so. Because there is a likelihood that fleeing suspects will abandon their dogs in the arena, it is recommended that two or more animal control officers be assigned to the task of separating and controlling the dogs and that they closely follow the entry team. Once law enforcement personnel secure the site, a veterinarian should examine all animals to determine the extent of their injuries. Each animal should be completely photographed or videotaped to show his or her condition at the scene. Additional photographs should be taken as needed to more clearly show injuries and individual markings. Positive identification of each animal will be easier if an officer holds an index card plainly showing the case number, date and the evidence number in a corner of the picture area. In addition to photographs, it is useful to document specific markings and injuries or scars on a body diagram (see sample in Appendix IV). The diagram of each animal should contain information indicating breed, sex, color, weight and other distinguishing features. The file for each animal seized should include photographs, diagrams, medical records and other pertinent information as it is received. For security purposes, it is advisable to prepare a duplicate file for each animal and to keep the originals in a safe location outside the animal shelter. If suspects are being held at the scene of a raid while the dogs are being seized, it is important to instruct all officers not to ask individuals to identify or claim ownership of the animals without first checking with the officer in charge. Under some circumstances, identifying who owns particular animals through questioning without first having admonished the individuals of their rights per Miranda would be construed as an incriminating act in violation of their constitutional rights. Since dogs from these cases could potentially have aggression towards other animals, they must be transported and housed separately until surrendered by the owner or released by the courts to your agency’s custody. The HSUS recommends implementing behavior enrichment programs over the course of the holding period. Not only will this help the dogs settle into their new environment, but it will increase the dogs’ adoptability once they’re released (for more information on the HSUS enrichment program for these cases and to contact the Animal Rescue Team, visit humanesociety.org). It is strongly recommended that dogs be kept in a secure area away from public access. Paperwork accompanying such animals should specify that the animals are not available for adoption or redemption (pending a court order). Numbered plastic collars, tags or similar identification devices should be attached to each animal. Severely injured animals should be transported directly to a veterinary clinic for treatment, Specialized cases
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