Probable Cause

If the situation merits a search warrant, it is important to ensure that probable cause exists. The fourth amendment guarantees a person’s right to remain free from unreasonable searches and seizures. However, where probable cause exists, and circumstances justify it, some searches can be conducted without a search warrant where there is little to no expectation of privacy, such as in an open field or a car. But since many cases of animal cruelty require searches of buildings, homes, and property, obtaining a search warrant is often the safest course of action. Probable cause can be defined as having sufficient facts and circumstances that would warrant a person of reasonable care and caution to believe that an offense is being or has been committed (Ingram, 2009). An officer typically obtains probable cause when someone gives it to them, but there is a determination of reliability that must be made when procuring probable cause that requires both a basis of knowledge and veracity of information, along with a consideration of the totality of the circumstances. If this is not ensured, the warrant request may be denied, and evidence may be suppressed. A bad reputation, mere suspicion, or unfounded information is not sufficient for probable cause. An officer needs to do all they can to obtain the facts. On abandonment calls, often an officer can hear barking through a locked door, see a cat in an upstairs window, or observe an injured, neglected puppy through a broken basement hatch. These firsthand observations can constitute proper, justified probable cause.

Search Warrants

Warrants should ideally be approved by an attorney to ensure correctness, but in all cases, they should specify the location and all buildings or structures to be searched including curtilage, or the area immediately surrounding the home or structure, which still counts as part of that home; it is important to be as specific and inclusive as possible. If it is believed that there may be sufficient reason to search outbuildings, sheds, barns, garages, and so on, these should all be included in the warrant.

When executing a search warrant, it is advisable to utilize the help of local or state police, and to be accompanied by other HLE officers. These situations are inherently dangerous, can escalate quickly and without warning, and may require a great deal of time to properly process a scene, should one exist. Having backup for protection and additional help to gather evidence, seize animals when necessary, and assist with paperwork is invaluable.

Warrants also require that they be executed within a strict time frame. Even executing a warrant at the scene of an abandonment should include at least one additional officer, since there is always the possibility of hidden danger, and if there are multiple animals to be removed from a property, extra people can alleviate the burden and help process the scene. Having additional personnel can secure multiple property entrances and exits as well. If a property needs to be secured from the outside or watched while pursuing procurement of a search warrant is obtained, it is advisable to have multiple officers stationed near all entries and exits. When the warrant is in hand and if no one answers repeated vocal commands announcing the officers’ presence and possession of a warrant or their knocks on the door, officers may enter the property. Extreme caution must be exercised in this case for the obvious reason that the respondent, suspect, or homeowner may still be inside, possibly with a weapon, and there is also the threat of a potential attack by animals.

Once inside and after the scene has been secured, photographs of the property and of the animal(s) in situ (accompanied by proper identification and case numbers) need to be taken before anything is altered or removed. Documentation of the scene as it is found is of extreme importance and holds true whether the scene is indoors or out. As with any crime scene, the safety of personnel is paramount, followed by help for the victims. Animals should be removed and transported immediately for veterinary evaluation and treatment. Mail or papers with names, addresses or other identifying information should be confiscated in order to help track down the property owner, and these should be photographed where they are found prior to removal and logged on an evidence recovery sheet, along with any other evidentiary materials recovered. Evidence can be defined as "anything that tends to prove or disprove a fact in contention” (Gardner, 2005). For each case, the evidentiary materials may be different. In a dogfighting case, there may be medications, fighting and training paraphernalia, or quantities of illegal drugs or weapons on the premises. In an abandonment case, there may be empty food and water containers or soiled crates or cages that should be considered evidence. Heavy chains, items used to hit or beat animals, overflowing, unsanitary litter boxes, or ropes or tethers used to improperly constrain animals are just some of the items that may be seized as having evidentiary value to the case (Figure 3.6).

Figure 3.6 (a) Utilizing in-house forensics personnel or outside agencies is a necessity for proper scene documentation of large or high-profile cases, (b) In situ scene photograph of evidence (veterinary supplies) found on the premises, (c) In situ photographs of animals prior to removal from the scene, (d) Evidentiary photo of embedded chain after removal, (e) Evidentiary photo of embedded chain, (f) Evidentiary photo of depth of embedded chain wound.