Basic Animal Cruelty Investigations Presented by Mike Cassidy

What comes first?  Appearance is everything.  When you report to work you should be sure that your appearance reflects professionalism.  The same professional appearance should be reflected in your courtroom appearances.

Stop the “Dogcatcher” perception

What constitutes cruelty in Kentucky?  Cruelty to animals in the first degree.  (1) The following persons are guilty of cruelty to animals in the first degree whenever a four-legged animal is caused to fight for pleasure or profit:  (a) The owner of the animal;  (b) The owner of the property on which the fight is conducted if the owner knows of the fight;  (c) Anyone who participates in the organization of the fight.  (2) Activities of animals engaged in hunting, field trials, dog training, and other activities authorized either by a hunting license or by the Department of Fish and Wildlife shall not constitute a violation of this section.  (3) Cruelty to animals in the first degree is a Class D felony.

Animal Cruelty First Degree

What constitutes cruelty in Kentucky?  Cruelty to animals in the second degree -- Exemptions.  (1) A person is guilty of cruelty to animals in the second degree when except as authorized by law he intentionally or wantonly:  (a) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in KRS in causing it to fight for pleasure or profit (including, but not limited to being a spectator or vendor at an event where a four (4) legged animal is caused to fight for pleasure or profit), mutilation, beating, torturing any animal other than a dog or cat, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means;  (b) Subjects any animal in his custody to cruel neglect; or  (c) Kills any animal other than a domestic animal killed by poisoning. This paragraph shall not apply to intentional poisoning of a dog or cat. intentional poisoning of a dog or cat shall constitute a violation of this section.

What constitutes cruelty in Kentucky? (2) Nothing in this section shall apply to the killing of animals: (a) Pursuant to a license to hunt, fish, or trap; (b) Incident to the processing as food or for other commercial purposes; (c) For humane purposes; (d) For veterinary, agricultural, spaying or neutering, or cosmetic purposes; (e) For purposes relating to sporting activities, including but not limited to horse racing at organized races and training for organized races, organized horse shows, or other animal shows; (f) For bona fide animal research activities of institutions of higher education; or a business entity registered with the United States Department of Agriculture under the Animal Welfare Act or subject to other federal laws governing animal research; (g) In defense of self or another person against an aggressive or diseased animal; (h) In defense of a domestic animal against an aggressive or diseased animal; (i) For animal or pest control; or (j) For any other purpose authorized by law. (3) Activities of animals engaged in hunting, field trials, dog training other than training a dog to fight for pleasure or profit, and other activities authorized either by a hunting license or by the Department of Fish and Wildlife shall not constitute a violation of this section. (4) Cruelty to animals in the second degree is a Class A misdemeanor.

Animal Cruelty Second Degree

Torture of a Dog or Cat  Torture of dog or cat.  (1) As used in this section, unless the context otherwise requires, "torture" means  the intentional infliction of or subjection to extreme physical pain or injury,  motivated by an intent to increase or prolong the pain of the animal.  (2) A person is guilty of torture of a dog or cat when he or she without legal  justification intentionally tortures a domestic dog or cat.  (3) Torture of a dog or cat is a Class A misdemeanor for the first offense and a  Class D felony for each subsequent offense if the dog or cat suffers physical  injury as a result of the torture, and a Class D felony if the dog or cat suffers  serious physical injury or death as a result of the torture.

Torture of a Dog or Cat  (4) Nothing in this section shall apply to the killing or injuring of a dog or cat:  (a) In accordance with a license to hunt, fish, or trap;  (b) For humane purposes;  (c) For veterinary, agricultural, spaying or neutering, or cosmetic purposes;  (d) For purposes relating to sporting activities including but not limited to  training for organized dog or cat shows, or other animal shows in which a  dog or a cat, or both, participate;  (e) For bona fide animal research activities, using dogs or cats, of institutions  of higher education; or a business entity registered with the United States  Department of Agriculture under the Animal Welfare Act or subject to  other federal laws governing animal research;  (f) In defense of self or another person against an aggressive or diseased  dog or cat;  (g) In defense of a domestic animal against an aggressive or diseased dog  or cat;  (h) For animal or pest control; or  (i) For any other purpose authorized by law.  (5) Activities of animals engaged in hunting, field trials, dog training other than  training a dog to fight for pleasure or profit, and other activities authorized  either by a hunting license or by the Department of Fish and Wildlife Resources  shall not constitute a violation of this section.  (6) The acts specified in this section shall not constitute cruelty to animals under  KRS or

Torture of Dog or Cat

Can local government have additional laws?  Of course!!!!!!!  Many local governments have enacted ordinances that add to the animal cruelty statutes.  Example: they define what adequate is and some have made shelter a requirement.

What types of complaints do we deal with?  Animals running at large  Dog bite cases  Animal abuse cases  Animal neglect cases  Animal cruelty cases  Dog/Cock fighting cases

What tools are you going to need?  It is essential that the ACO understand and know their authority as given to them by the jurisdiction they work for.  Read the Ordinance that created your position  Read and understand all Animal Laws which you are being asked to enforce  Read your agency’s Standard Operating Procedure.

Education vs. Prosecution  Realize that some animal problems can be handled thru Education -Nature of your organization - Benefits the animals effected -Legal Reasons Case may be weak Time and cost may be prohibitive Risks of procedure violations

Education vs. Prosecution  Realize that with some Animal Cases it will be necessary to present the case for prosecution - Education fails -Crime does not warrant education

Legal Procedures for your Investigation  You have the right to anyone’s house/property to make contact with the owner of the property or the owner of the animals based on the need to investigate a complaint regarding the animals. - This is generally going to follow a complaint being made by a complainant, victim, or witnesses. Sometimes the complaint will be anonymous

Legal Procedures for your Investigation  You have the right to anyone’s house/property to make contact with the owner of the property or the owner of the animals based on the need to investigate a complaint regarding the animals. - This is generally going to follow a complaint being made by a complaint, victim, or witnesses. Sometimes the complaint will be anonymous

Legal Procedures for your Investigation  When contact is made, you will need to introduce yourself and explain why you are there and the need to investigate.  At this point the owner of the property may ask you to leave and you must Comply  If the case is to be further investigated then you will need to make the case another way. If enough probable cause, you may seek a search warrant.

Legal Procedures for your Investigation  If on the other hand, the owner of the property or the animals agrees to cooperate with you, you are highly recommended to have them sign a consent to search especially if you will need to see the animals on the property.

Legal Procedures for your Investigation  If no one is home or at the property, then I suggest that you leave a door notice and business card asking them to contact you at your agency ASAP.

Additional Concerns with Investigations  Every ACO should stay very alert for their own personal safety when dealing with animals and people.  IF AT ANY TIME THE OFFICER FEELS THREATENED, RETREAT IS ALWAYS AN OPTION.  Officer safety is first priority

You never know what you might get into!

Additional Concerns with Investigations  Realize that there may be some investigations that you may want to photograph, Make a sketch or do video for evidence.  First in order to use these items you have to be LEGAL in doing so.  Second, you will need to follow the rules of evidence with regards to how to handle the evidence and maintaining the chain of custody.  It will be discussed more in case reports/Evidence Collection

Qualities of a Good Investigator  Be knowledgeable of the law and current Court Decisions.  Be Diplomatic and Understanding – Be able to defuse tense situations and show you care.  Be Objective – Not mislead by personal prejudice, feelings, anger or dislike.  Be Flexible: You have to be able to converse with the educated and the uneducated.

Interviewing Techniques  Complainants and Witnesses  Definition of an Interview  An interview is the questioning of a person who is believed to possess information or knowledge of interest to the investigator.  The relationship established between the interviewer and the subject usually determines the success of the interview.  Establish Rapport

Interview Environment  Eliminate Distractions  Separate persons being interviewed from others, especially other witnesses.  Otherwise they may tend to change their stories upon hearing someone else’s.  Some people don’t feel comfortable talking in front of others.  Especially Neighbors  One interviewer should do all the interviewing, if possible.

Formulating Questions  Keep questions short.  Less confusing  Keep questions confined to one topic at a time  Try to keep questions in Chronological order  Make questions clear and easily understood  In not understood, rephrase questions  Avoid Yes and No questions.  Ask questions that need to be explained  Avoid leading questions.  Avoid assuming something is fact until either told to you or proven to you.

Steps to a Successful Interview  Introduce Yourself  By doing this, you become a person and most of the time they will introduce themselves, thus you are recognizing them as a person.  Opening Statement.  Establish Rapport- Look around when you arrive for something that is of apparent interest to these people and then make a positive comment about it.

Steps to a Successful Interview  Ask what happened.  Say “How can I help you?”  Say “How can I be of service?”  Say “What can I do for you?”  VERY IMPORTANT THAT YOU LISTEN AT THIS POINT AND MAKE EYE CONTACT.  Start over and get the Details  Now you can start your written notes.  Remember that you are still asking questions and keep them in order, don’t be jumping around.  Obtain any other information required for the report.

Suspect Interviewing/Interrogation  Definition  Interrogation is the questioning of a Person Suspected of having committed an offense  The suspect is based on probable cause developed during the investigation  The amount of probable cause can vary from a considerable amount to just a small amount

Suspect Interrogation  Recommendation: Each ACO should have a discussion with their Prosecuting Attorney/County Attorney regarding the advising of Miranda Rights when they are in interrogation stage of the investigation. Follow the county attorney’s direction.  Our department requires Miranda Rights to be read if an officer is going to interrogate a suspect.

Suspect Interrogation  Three possible outcomes during an interrogation  Confession  A direct acknowledgement of guilt  Admission  An incriminating statement that indicates but does not acknowledge guilt  Statement  A declaration regarding the facts of on incident

Suspect Interrogation  An Interrogation should be done as soon as possible to avoid one of these things happening  The longer you wait to talk to a suspect gives them more time to justify their actions to themselves. We want to prey on their consciousness.  The longer you wait gives them more time to come up with an alibi, a workable realistic story, lie or find someone to cover their story.

Suspect Interrogation  The longer you wait gives them more time to influence Witnesses.  Number one reason people don’t want to be a witness is out of fear.  If a witness is ever threatened, immediately notify your county attorney, its an additional crime.  The longer you wait before contacting the suspect, gives them time to disappear.  Always prioritize your cases  Work on cases with a suspect

Recordings  If at all possible record the interrogation. Can be as simple as using your memo app on your Iphone.