Investigator Toolkit
Types of Animal Abuse (from Prosecutor Toolkit)
Misdemeanor Neglect
 Having intentionally exercised custody, control, possession, or ownership of
an animal, fails to provide to such animal adequate food, water, sanitary
conditions, or ventilation that is consistent with what a reasonable person of
ordinary knowledge would believe is the normal requirement and feeding
habit for such animal’s size, species, breed, age, and physical condition.
O.C.G.A. § 16-12-4 (b)(2).
 Causes physical pain, suffering, or death to an animal by any unjustifiable act
or omission. O.C.G.A. § 16-12-4 (b)(1).
o Ex. failure to provide medical attention such as veterinary care to an
animal that is in the custody of an owner or temporary caregiver.
 Cases of animal neglect may involve individuals who may lack the financial
resources to provide for the animal(s), or involve an elderly owner who
physically cannot care for the animal(s).
 Educating the owner or temporary caregiver in these situations may be the
first step.
 If education and assistance from local resources do not correct the issue then
the matter may be resolved legally through prosecution.
 Animal Neglect/Cruelty (Small Animals)
1. If the animal is not being provided with adequate food or water,
not receiving necessary veterinary attention to a medical
problem, not being provided with shelter, or any combination of
the above
2. Tufts Animal Care and Condition (TACC) Scales- helps more
accurately determine the condition of a potentially neglected dog
a. Body condition scale
b. Weather safety scale
c. Environmental health scale
d. Physical health scale
3. Tufts Animal Care and Condition Scale
Animal Neglect/Cruelty (Large Animals)
1. Large animals- horses or livestock (cattle, pigs, goats, and sheep)
2.
3.
4.
5.
General ignorance or lack of skills regarding basic care
Cutting back of animal feed, veterinary care
Transportation in a cruel or inappropriate and dangerous manner
The Henneke body condition scoring system- a scientific method
of scoring a horse’s body condition by massaging and scoring six
main parts of the body (neck, withers, shoulder, ribs, loin, and
tailhead)
6. Henneke Body Condition Scoring System with Photos
Felony Neglect
 Having intentionally exercised custody, control, possession, or
ownership of an animal, maliciously fails to provide to such animal
adequate food, water, sanitary conditions, or ventilation that is
consistent with what a reasonable person of ordinary knowledge would
believe is the normal requirement and feeding habit for such animal’s
size, species, breed, age, and physical condition to the extent that the
death of such animal results or a member of its body is rendered useless
or is seriously disfigured. O.C.G.A. § 16-12-4 (d)(5).
 Severe neglect cases often involve commercial breeding establishments
or hoarding episodes.
Aggravated Cruelty (Intentional Harm)
 A person commits the offense of aggravated cruelty to animals when he or
she:
(1) Maliciously causes the death of an animal;
(2) Maliciously causes physical harm to an animal by depriving it of a
member of its body, by rendering a part of such animal’s body useless, or
by seriously disfiguring such animal’s body or a member thereof;
(3) Maliciously tortures an animal by the infliction of or subjection to severe
or prolonged physical pain;
(4) Maliciously administers poison to an animal, or exposes an animal to
any poisonous substance, with the intent that the substance be taken or
swallowed by the animal. O.C.G.A. § 16-12-4 (d)(1-4).
 Aggravated cruelty to animals is one of the greatest concerns for the
general public, and often involves juvenile offenders.
 Many fear that these individuals present a threat to society.
 Aggravated cruelty may involve, hitting, shooting, poisoning, or other acts
that aim to torture an animal.
 Aggravated cruelty is seen in the same light as other heinous crimes such as
child abuse, drug offenses, and domestic violence.
 This type of animal abuse can help identify aggressive antisocial behavior
within an individual.
 These cases are easier to prosecute (compared to other forms of animal
abuse/neglect) because the effects are clearly documented as well as the
intent of the accused.
 May include
o Kicking
o Punching
o Stabbing
o Shooting
o Poisoning
o Strangling
o Electrocuting
o Setting on Fire
o Other acts amounting to torture
 New law in Georgia now covers more of these serious acts
 Often such offenses are associated with other serious crimes such as
o Drug offenses
o Gang activity
o Weapons violations
o Child abuse
o Sexual assault
o Domestic violence
Abandonment
 Occurs when an owner or temporary caregiver leaves an animal within a public
or private place with no intent to return.
 This typically occurs when an owner moves out, and leaves the animal behind.
From 2007-2009 there was a rapid increase in animal abandonment due to
many owners losing their homes through the foreclosure process. These
animals were often referred to as “foreclosure pets”
 Many animals during this time period went without food and water and
eventually perished inside of the homes.
 Other animals were abandoned outdoors and perished due to lack of adequate
survival skills.
 Animal abandonment is the most common form of animal abuse.
 It can usually be prosecuted successfully under O.C.G.A § 16-12-4 as neglect.
 Notwithstanding the provisions of Code Section 4-11-13, it shall be unlawful
for any person knowingly and intentionally to abandon any domesticated
animal upon any public or private property or public right of way. This Code
section shall not be construed as amending or otherwise affecting the
provisions of Chapter 3 of this title, relating to livestock running at large or
straying. O.C.G.A § 4-11-15.1
 No person shall release a dog on any property, public or private, with the
intention of abandoning the dog. NOTE: this is only for dogs. O.C.G.A. § 4-8-3.
 Abandoned animals are subject to immediate seizure by appropriate
authorities
 If the defendant asserts that the animal is not his, have that formally declared
in court, or in writing, and unless additional ownership information is
available, proceed to forfeit the animal as abandoned
Hoarding
 When a large number of animals are kept in such extreme conditions
that the result is often death from disease and starvation.
 How Hoarding Causes Animal Suffering
o Extreme neglect, lack of food, proper veterinary care, and sanitary
conditions
 Other Concerns
o Health hazards for humans, attract disease vectors
 These cases prove difficult for prosecutors because: the number of
animals involved is large, the defendant may have mental health issues,
and there is also a high recidivism rate in hoarding cases.
 Intervention involving therapy for hoarders is often unsuccessful and
hard to enforce.
 Monitoring by legal authorities and animal protection agencies is a
progressive way to prevent recidivism.
 There are three types of hoarding and all require a different method of
treatment.
1) The Overwhelmed Caregiver
 A pet owner who possesses unsterilized animals who then
breed and produce more offspring than the individual can
sufficiently take care of.
 Loss of employment, change in martial status, and disability all
contribute to an owner losing the ability to care for their
animals.
 At the onset, the animals receive proper care; however as the
number of offspring increases the owner can no longer
financially care for the animals.
 Typically, the owners recognize the severity of the situation
and do not resist working with local officials to sterilize the
animals or find a new home for the animals.
 Non-court ordered treatment is usually carried out
successfully.
 These owners usually do not require prosecution and are
willing to work alongside animal control and law enforcement
to rectify the issue.
2) The Rescue Hoarder
 An owner who lives or works in close proximity to animals that
need assistance (animal rescuer), and fear that the animals will
be euthanized, or that no one can care for the animals as good
as they can.
 As this “rescuer” issues care for more and more animals, they
loose the ability to properly care for all of the animals.
 When offered assistance, these owners lie and use deception
to ensure that the animals remain with them.
 Many animal rescue organizations have been prosecuted for
this type of offense.
 This type of owner is difficult to work with and may require
oversight or prosecution to ensure that the number of animals
being cared for does not reach an unsafe level.
3) The Exploitive Hoarder
 An individual with sociopathic tendencies or one who lacks
empathy for animals.
 These individuals acquire animals for their own personal
needs, such as raising money from the public by
misrepresenting the care they give to the animals.
 These individuals do not feel guilty for the lack of resources
provided to the animals and resist outside help.
 These individuals usually require prosecution to ensure that
they cannot regain accesses to a large amount of animals.
Special difficulties and issues regarding hoarding
 There may be community backlash if the defendant is elderly,
or viewed as a caring sympathetic caregiver doing something
good
o This can be dealt with via making use of animal care and
control, vets, and prosecutors to inform the public and
triers of fact of impact of the offender’s actions on the
animals
 Most cases will end in conviction or a plea, however they are
very difficult to resolve fully
o Offenders typically fail to comply with orders to repay
veterinary costs or go through psychological assessment
or treatment
o They will also often accumulate animals again in the
future without constant oversight
o Animal Hoarders need specific counseling with
someone who is knowledgeable on the subject. Your
typical psychiatric evaluation will not do any good with
an animal hoarder.
 Many communities have developed a community-based
approach that allows law enforcement, zoning, and animal
protection groups to all work in conjunction to prevent
recidivism of hoarding.
 Conviction and probation that allows long term monitoring
can help reduce the recidivism rate of hoarding.
 It is important for investigators perusing a potential hoarding
case to call upon the many members of the community to size
and find new homes for the animals. The assistance provided
by the community and its organizations will prove beneficial
while the case is pending.
Animal Hoarding
 Treatment Options
o Long term psychological intervention
 Charging Options
o Fire code violations, disease issues, housing code
violations
 Sentencing Options
o Lengthy probation period, jail time, restitution,
specialized counseling

Puppy Mills (Commercial Breeders)
 Hoarding incidents such as “Puppy mill” cases present a challenge for
investigators and prosecutors do to the recent increase in mass breeding
operations across the United States.
 “Puppy mill” is not a legal term, it is a term used to describe inhumane,
commercial dog-breeding facilities
o Dog breeding facilities may be considered puppy mills if they:
 Fail to provide proper shelter
 Fail to provide sanitary living conditions
 Fail to provide veterinary care
 Fail to provide clean or sufficient food or water
 Fail to maintain the animal in such a way as to prevent
unnecessary pain or suffering
o Since puppy mill cases could involve a large number of dogs, you
should get help from local animal control or humane agencies
 Puppy mills contain dogs that are being bred and housed in small cages
often with several animals being confined within a very small space. The
dogs go on to mature and due to their living conditions often develop
physical and behavioral issues due to lack of food, socialization and
veterinarian care.
 The females are impregnated several times, resulting in over-breeding
causing severe physical issues with the offspring. The puppies are usually
sold within pet stores or at pet auctions.
 There is a large financial burden attached to seizing and processing such a
large number of animals. Therefore it is beneficial that law enforcement
utilize local, state and national organizations to assist with the care of these
animals.
 It is also important to know the law in Georgia regarding Title 4 Disposal
actions (LINK) so that the animal(s) may be transferred from one owner to a
local animal care facility or protection agency.
 Prosecutors should charges for animal neglect as well as tax evasion.
 The EPA may need to be notified of the condition of the property where the
operation is taking place because there could be violations there as well.
Puppy Mills
 Important evidence:
o Accurate and thorough medical reports
o Body condition scores for animals
o Clear photos that depict living condition and health of dogs
o Veterinarian reports that describe serious injury/illness
 Detailed Discussion on Commercial Breeders and Puppy Mills
Animal Fighting
 It is a federal felony to move animals in interstate and foreign commerce
for the purpose of participating in an animal fighting venture, to promote
an animal fighting venture, and to engage in interstate and foreign
commerce of cockfighting implements. 7USC § 2156
 Animal fighting is often considered organized crime.
 These offenses are often part of a lucrative and underground market.
 These “blood sports” are included in the anticruelty laws of the United
States and United Kingdom.
 The 2007 federal Animal Fighting Prohibition Enforcement Act issues felony
penalties for those involved in the import and export business associated
with dog fighting, and cock fighting.
 Each violation can carry a 3 year jail sentence and a $250,000 fine.
 It is illegal to transport rosters for fighting purposes across state lines.
 Federal laws are usually weaker than the state laws that govern this issue,
leading most law enforcement to utilize state laws to combat this crime.
 When making arrests:
o Photograph each arrestee with the arresting officer
o Make sure the officer’s report reflects, with respect to each
arrestee, what he or she was doing when the fighting was being
done
o Videotape the scene and those present immediately before
arrests commence, if possible
Dogfighting in particular
 “Dogfighting” is when two or more species of dogs, who are bed and
trained to fight, are placed in an enclosure to fight
 All 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands
all classify it as a felony
 Dogs used in these events often die of blood loss, shock, dehydration,
exhaustion, or infections
 Detailed Discussion on Dog Fighting
 In Georgia, observing a dog fight is a misdemeanor
o Factors that negate “accidental” presence are:
 Remoteness of location
 Care (if any) used to screen attendees
 Admission fee requirements
 Proximity of person to the fight
 Duration of presence
 Relationship of suspect to others present
 CHECKLIST OF DOGFIGHITNG EVIDENCE AT CRIME SCENE
o Pit (above or below ground)/makeshift enclosure
o Canines and other captive animals (bait animals)
o Scale to weigh dogs before the fight
o Washtub (portable)/large bucket used for bathing
o Towels/blankets
o Flooring (carpet), used (with blood) or unused (in pit or stockpile)
o Sponges
o Contracts (to fight)
o Water hose
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Chains (measure and weigh them)
Breeding papers (pedigrees, bloodlines)
Advertisements for kennels/dogs
Magazines (any vet or pit bull magazines, breeding, conditioning),
check subscription label
Flyers/promotions
Books on veterinary medicine
Dogfighting books
Tapes (VHS) and/or DVDs
Computer/computer disks
Cell phones
Mail showing addressee
Bullets/wadding/shell casings
Fire arms (all types)
Cages/crates
Dog food
Plastic trash cans/barrels used as shelter
Doghouses or pods
Food/water dishes
Hammer/nails used to assemble pit
Paint matching scratch line paint
Duct tape/electrical tape to denote scratch line (GBI tests it)
Bails of hay for makeshift pit
Treadmills
Catmills
Blood
Teeth
Dental tools to saw down teeth
Breaking stick(s)
Bite stick, wooden stick, may have handle
“Best in Show”/”Greatest in Show” awards/trophies
Spring pole
Flirt pole
Rape stand/box
Photos (often with writing on back)
Breeding charts
Exercise wheels
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Hides/tires
Collars
Leashes/harnesses
Cameras/video cameras/film
Veterinary records
Dogfighting scores/stats
Loose plywood or other pit building supplies
Maps/directions
Names/addresses/phone numbers of team mates
Business cards
Skeletal remains (may look burnt)
Dog corpse(s)
Graves
Weights
Swimming pool
Animal shelter records
Weapons/firearms
Illegal drugs/narcotics
First aid kit for dogs
Practice area/rolling/bump area
Field/outdoor lights
Cockfighting in particular
 “Cockfighting” is when two or more species of birds are placed in an
enclosure to fight
 All animals who participate in the cockfight suffer, even those that do
not die
 Cockfighting is illegal in all states, and most states prohibit people from
being spectators at a cockfight
 Cockfighting is a felony in most states
o Felony in Georgia
o Like dogs the federal Animal Welfare Act prohibits interstate
transport of fighting cocks
o Attending a cockfight as a spectator not illegal in Georgia
Ritualistic Animal Abuse
 These crime scenes are often highly emotional, often due to the
animals being displayed after death, alongside a set of religious beliefs.
 Due to the idea that these crimes may involve “satanic” activity it is
extremely important for law enforcement officials to objectively focus
on the crime that may have been committed rather than the potentially
protected beliefs of the accused.
 Even if one’s personal belief system is involved with these events,
prosecutors should not avoid pursuing and prosecuting all cases that
involve animal cruelty.
 In regards to animal sacrifices during religious ceremonies, the
Supreme Court held that governments should hold the ability to inflict
broad restrictions on animal cruelty that may protect animals during
religious ceremonies.
Bestiality
 A person commits the offense of bestiality when he performs or
submits to any sexual act with an animal involving the sex organs of
the one and the mouth, anus, penis, or vagina of the other. O.C.G.A
§ 16-6-6.
 Sexual contact with animals was once associated with “crimes
against nature,” once many of these laws were repealed, the sexual
contact did not weigh heavily unless it involved some other offense
such as trespass, or cruelty to animals.
 In an attempt to refortify the laws, legislatures have reenacted
measures to isolate and confine bestiality from “crimes against
nature”.
 The majority view is that bestiality is interspecies sexual assault,
because the animal cannot consent and the animal often suffers pain
or death as a result. Finally, animals are unable to communicate their
abuse.
 There has been a rise in bestiality cases where children are forced to
partake in the acts.

Animals in Hot Vehicles
 Doing this can result in the animal’s death even after only a few minutes,
and those who survive can still have permanent physical issues
 If it is 85°F outside, the temperature inside a car with the
windows slightly open can reach 102°F in ten minutes
 These cases present special challenges for prosecutors
o The owner may have simply been unaware of how quickly a vehicle
can become dangerously hot
o The owner may be remorseful, lacked any intent to bring about harm
to the animal and can make for a sympathetic defendant
 Prosecutors should focus on prevention
o Work in concert with animal care and control and law enforcement
to stage public service campaigns in order to warn of the danger and
criminal penalties.
 Consider charge of misdemeanor neglect for failure to provide proper
ventilation
 Check your local ordinance for the law in your jurisdiction: Municode
 Animals being transported in hot vehicles
o Includes farm and livestock animals, horses, research animals,
auction animals, circus and rodeo animals
o Have some federal protections but charges under state law can still
be brought if one dies due to heat or cold conditions.
 Signs of heat stroke include, but are not limited to
o A body temperature of 104-110 Fahrenheit
o Fever
o Glazed eyes
o Apparent dizziness or lack of coordination
o Rapid heartbeat
o Profuse salivation
o Restlessness
o Vomiting
o Excessive thirst
o Deep red or purple tongue and gums
o Sticky or dry tongue and gums
o Lethargy
o Unconsciousness
o Excessive panting
o Staggering
o
o
o
o
o
Stupor
Seizures
Bloody diarrhea or vomiting
Coma
Death
Other animal related crimes/violations
1. Nuisance or Hazardous Animals
a. Stray Animals
b. Noisy Animals
c. Animal waste
d. Animal Bites
e. Animal-Vehicle crashes
f. Dangerous or feral animals
2. Overworked Farm Animals
3. Feral Cats
4. Horses
a. Cruelty
1.
Many states have made it unlawful to possess, import or
export horses to be slaughtered for human consumption
2.
Other states place strict guidelines which must be met to
ensure that horses are not mistreated during transportation
b. Exhibitions
1.
The horse protection act is a federal law that prohibits
“sored” horses from participating in shows, exhibitions, sales or
auctions
2.
Soring is the practice of intentional infliction of pain to a
horse’s limb in order to produce an exaggerated gait
c. Wild horse and burros
1.
A wild horses and burros means all unbranded and
unclaimed horses and burros on public lands of the United states
(public law 91-195 Sec. 2)
2.
The Wild Free-Roaming Horses and Burros Act of 1971
makes it a crime for anyone to harass or kill feral burros or horses
on federal land
5. Theft of an Animal
a. Often these crimes are motivated by animal fighters seeking “bait”
animals or fighting animals and dealers who may sell the animals to
research laboratories
b. Theft of an animal usually falls within the states theft/ larceny laws
6. Capturing or harming protected animal species
a. Endangered Species Act protects endangered or threatened species from
“take” or being traded or sold
b. “Take” is to harass, harm, pursue, hunt, shoot, wound, kill trap, capture,
or collect
7. Hunting (illegal)
a. Poaching is illegal hunting, killing, capturing or taking of wildlife
violating local or international wildlife conservation laws
b. Poaching is often done for commercial profit or as a sport
c. Poaching laws are enforced by game wardens who patrol national parks
and respond to violations
Investigating an Animal Cruelty Complaint
 Receiving an Animal Cruelty Complaint
Most complaints involve a person:
o Negligently mistreating an animal
o Injuring an animal
o Tormenting an animal
o Killing an animal
o Abandoning or failing to provide necessary sustenance to
an animal under that person’s custody or control
o Don’t ignore anonymous complaints as most anonymous
complaints are legitimate, people often remain anonymous
for fear of retaliation
 Responding to a Complaint
o Be professional and courteous in response to all complaints
of animal abuse
o If initial facts of the report do not warrant an investigation,
be sure to explain why an investigation cannot occur
o If an investigation ensues, advise the caller of their
responsibility as the complainant
o Convey to the individual that an investigation may not help
the animal(s) if there are no witnesses for the prosecution,
to allow for more cooperation
 Early Coordination
o It is important that investigators work with prosecutors
early on so prosecutors can assist with search warrants and
outline what evidence is needed
o It is important to work with animal protection agencies in
the community because they are often more experienced in
animal matters
o If you do not know the prosecutors in your jurisdiction who
handle animal cases, get to know them
o Know Your Local Resources
 Humane organizations and shelters
a. Ahimsa House
 Domestic Violence Shelters
 Mental Health Counselors
 Animal Control Officers
 Veterinarians
 Adult Protect Services (hoarding cases)
 Health Department Workers
 DFACS
 Code Enforcement Agencies
 Media
 Local Stables, Farms, and Ranches
a. They may be able to board large animals
 When responding to a Complaint:
o Take a camera, note witnesses and their contact
information
o Note property conditions
 What structures/buildings are on the property?
 Are there any sounds coming from the
structures/buildings?
 Is the property well-kept?
 Are there any foul odors coming from the property?
 What is the condition of any animal in plain view on
the property?
o Be prepared for all possible reactions. If you think
confronting the owner will cause him/her to remove the
animal before you are able to obtain a search warrant
consider obtaining one beforehand.
o The Animals’ Conditions/Circumstances
 Non-exigent Circumstances - when an animal does
not appear to be in extreme pain or in imminent
danger of losing its life
 When you arrive at the scene- distinguish severe
neglect and exigent circumstances
 Examples of Severe Neglect (may or may not qualify
as exigent circumstances):
a. The animal:
i. Is very thin and unable to rise or stand
ii. Constantly scratches itself or rubs
against walls (possibly from mange or
lice)
iii. Has numerous sores on its body
iv. Limps
v. Lives in filthy, squalid conditions
vi. Is exposed to the hot sun (a pig without
shelter in the hot sun could die)
 Confronting the Owner: Possible Reactions
 Owner is cooperative and might want to
surrender the animal
 Obtain a written release form
 Enlist aid of local animal control or
humane society
 Owner is cooperative but doesn’t want to
surrender the animal
 Provide owner with list of requirements
that must be completed within a
specified time
 When investigator returns within the
specified time and the owner is not in
compliance, the owner will be
considered in violation of the law and
may be charged or arrested
 Owner is uncooperative and investigator is
allowed access to the animal
 Document any statements owner makes
 Apply for search warrant. Leave an
officer at the property while search
warrant is being obtained if you think
the owner may remove the animal.
 Execute search warrant and photograph
the animal and its surroundings
 Have animal control remove animal
 Make an arrest (if appropriate) and meet
with he prosecutor’s office to discuss
case
 Owner is uncooperative and investigator is not
allowed access to the animal
 If you have a sworn complaint, apply for
a search warrant to enter the property
 If you do not have a sworn complaint,
look into the owner’s background for
prior complaints, interview neighbors for
a sworn complaint, determine if there is
a health hazard for a search warrant
Exigent Circumstances and Plain View Doctrine
Exigent Circumstances - When an animal is in severe pain and/or may
be in danger of losing its life. Examples are when an animal:
o Appears near death
o Appears too weak/injured to stand
o Has collar embedded in its neck
o Has numerous sores or obvious inflicted injuries
o Appears to be suffering from heatstroke
o Is limping, crying out, whimpering, vomiting
o Is inside a structure threatened by fire or flood
Plain View Doctrine
 Objects perceptible by an officer who is rightfully in a
position to observe them can be seized without a search
warrant and are admissible as evidence
Arriving at the Scene
Look for any exigent circumstances.
 When the Animal is Easily Accessible
 If exigent circumstances exist and
investigator can safely remove the animal
then:
 Take photos of the animal
 Call animal control to take animal to
veterinarian or animal shelter
 When the Animal is Not Easily Accessible (ex.
animal is locked in a vehicle or house)
o If exigent circumstances exist but animal is
not accessible then:
 Consider removing the animal. Find a
neighbor/witness to witness the
situation and write a statement. Be sure
to consult you local DA’s office
 Take the animal to the vet immediately
 Investigator is responsible for securing
the property afterwards
 Confronting the Owner
o Talk to the owner to find how the situation
started
o Consider arrest if appropriate OR
o Issue a citation, and/or obtain a written
statement granting animal control to take
control of the animals
Gathering Evidence
 Animal abuse cases should be treated like homicide cases in the sense that
there will not be a victim to testify
 A typical investigation should involve:
o Photographing and/or videotaping the entire crime scene
 Location (inside and outside)
 All animals as they were found
 Use a camera capable of generating a date/time stamp
 Prepare a log that records all photographs, description
of animals, and location of animals
o Document names, addresses and contact information for people in
the vicinity who are or could be potential witnesses
o Calling for a veterinarian to come to the scene during evidence
collection
o Seizing appropriate items at the scene, including the deceased bodies
of animal victims and buried or burned animal remains
o Documenting housing conditions
o Always attempt to interview the suspect and obtain a tape recorded
or written statement as soon as possible
o Interview other residents, eye witnesses, and the reporting witness
at the scene
Seizure and Holding of Animal Victims
 The Commissioner, his or her designated agent, an animal control officer
who is an employee of the state or local government, or any sheriff, deputy
sheriff, or other peace officer is authorized to impound any animal:
O.C.G.A. 4-11-9.2
o That has not received humane care
o That has been subjected to cruelty
o If it is determined that a consent order or other order concerning
treatment of animals is issue
 The special requirement for animal care in animal abuse cases demand that
these cases be moved as quickly as possible through the system
 In some instances, an animal may not receive the needed medical
treatment without the owner’s consent or willingness to surrender
ownership, which may be withheld
o If this is the case, the prosecutor should file a motion with the court
to secure an order authorizing necessary care
 In cases where victim animals are owned by the defendant, investigators
and prosecutors should work to obtain defendant’s relinquishment of the
seized animals
 It is important for prosecutors and investigators to work with animal
protection partners because citizens criticize seizing animals only to have
the government to euthanize them
 File a Title 4 Disposal Action! (LINK)
Voluntary Surrender
 Owners of animals should be asked to voluntarily surrender ownership of
the animals to an animal control or humane organization
 To avoid a claim of duress, the request should be arranged with the
participation of the defendant’s counsel or audio/video tape the
relinquishment
Bond/Cost of Care/Restitution
 When local authorities must provide care to maintain animals until the final
disposition, the prosecutor may request the court to require defendants to
post a bond or security to compensate agencies while the case is being
prosecuted (although there is no specific law in place in GA for this, it does
not hurt to ask a judge for a defendant to post a bond for the cost of care of
an animal(s)). If that request is not granted be sure to ask the prosecutor
to request restitution on the back end.
Disposition of Deceased Animals in Criminal Cases
 Animals that are suspected to have died as a result of abuse should be
handled as evidence of the crime
 Animals should be moved to a proper facility for a necropsy
 If applicable bodily fluids and/or other evidence should be obtained and
sent to a lab for testing
Burden of Proof
1. Reasonable Articulable Suspicion
a. The standard is less than probable cause, but more
than a hunch
b. Police may frisk a detainee if the officer has a
“reasonable articulable suspicion” that the person is
dangerous
c. Reasonable articulable suspicion is determined by
taking into account the totality of the circumstances
and determining whether a reasonably trained police
officer in a similar circumstance would suspect a
person has been, was, or is about to engage in a
criminal activity
i. Objective facts along with an officer’s
interpretation of those facts must also be
considered
d. Alabama v. White, 496 U.S. 325, 330 (1990) (see also
Terry v. Ohio 88 U.S. 1868 (1968)).
2. Probable Cause
a. Requires adequate reason to arrest, conduct a
search, or seize property relating to an alleged crime
b. The probable cause requirement comes from the
Fourth Amendment of the U.S. Constitution, which
protects people from baseless searches and seizures
c. Probable cause to arrest, search, or seize property
exists when facts and circumstances known to the
police officer would lead a reasonable person to
believe:
i. A person has committed a crime
ii. A location was the scene of a crime
iii. A location contains evidence of a crime
iv. Property is contraband, stolen, or constitutes
evidence of a crime
d. Probable cause is required for:
i. A court to issue a warrant
ii. A police officer to conduct warrantless
searches and warrantless arrests
iii. A prosecutor to charge a person with a crime
e. See generally Illinois v. Gates, 462 U.S. 213 (1983).
3. Warrants and Probable Cause
a. To obtain a warrant
i. An officer will sign an affidavit stating why
probable cause exists
ii. A judge will issue a warrant if they agree that
probable cause exists
b. Warrants are not always a requirement for arrests
i. Warrantless arrests still require probable cause
in order to prosecute
c. See generally Illinois v. Gates, 462 U.S. 213 (1983).
4. Probable Cause for Arrest
a. Probable cause for arrest exists when facts and
circumstances would lead a police officer to
reasonably believe a person has committed, is
committing, or is about to commit a crime
b. "Detentions" short of arrest do not require probable
cause
i. Such temporary detentions require only
"reasonable suspicion."
c. Detentions can ripen into arrests, and the point
where that happens is not always clear
i. When detentions are considered arrests, the
constitutional requirement of probable cause
is triggered
d. See generally Illinois v. Gates, 462 U.S. 213 (1983).
5. Probable Cause to Search
a. Probable cause to search exists when circumstantial
facts provide the basis for a reasonable person to
believe that a crime was committed at the place to
be searched, or that evidence of a crime exists at the
location
b. Search warrants must specify the place to be
searched, as well as items to be seized
c. Police are able to conduct a search without a warrant
when:
i. There is consent from the property owner
ii. Conducting certain searches connected to a
lawful arrest
iii. There is an emergency situation which
threatens public safety or the loss of evidence
d. Police do not need a warrant to search or seize
contraband "in plain site" when the officer has a right
to be present
e. See generally Illinois v. Gates, 462 U.S. 213 (1983).
6. Probable Cause to Seize Personal Property
a. Probable cause to seize property exists when facts
and circumstances known to the officer would lead a
reasonable person to believe that the item is
contraband, is stolen, or constitutes evidence of a
crime.
b. Police are generally only allowed to search for what is
described in the warrant
i. However, evidence of other crimes police
come across may be seized as well
c. Evidence resulting from an illegal search is subject to
the “exclusionary rule” and cannot be used against
the defendant in court
i. Judge decides whether it is to be excluded
d. See generally Illinois v. Gates, 462 U.S. 213 (1983).
7. Beyond a Reasonable Doubt
a. Proof beyond a reasonable doubt does not mean that
a prosecutor must prove the case beyond all doubt,
nor does it mean proof to a mathematical certainty.
A number of Georgia cases, in considering the
meaning of a reasonable doubt have defined it as: (1)
doubt for which a juror can give a reason, (2) doubt
for which a specific reason can be given, (3) the
doubt of a fair minded, impartial juror, (4) doubt
which leaves the mind wavering, unsettled, and
unsatisfied, and (5) doubt based on common sense
and reason.
b. Jackson v. Virginia, 443 U.S. 307, 319 (1979).
8. Preponderance of the Evidence
a. Preponderance of the evidence means “that superior
weight of evidence upon the issues involved, which,
while not enough to free the mind wholly from
reasonable doubt, is yet sufficient to incline a
reasonable and impartial mind to one side of the
issue rather than the other." In other words, the side
with the most convincing evidence should prevail.
b. Examples of where the state must only prove their
case by a preponderance of the evidence include:
i. When the state wants to show the defendant
violated his probation
ii. In a Jackson Denno hearing to determine
whether or not Miranda warnings have been
given and/or whether a confession has been
given freely and voluntarily
iii. In the case of a consent to search
iv. In a similar transaction situation where the
state needs to show the defendant is the one
who committed a similar offense
c. In re Winship, 397 U.S. 358, 370 (1970).
Anticipating possible defenses
LINK TO PROSECUTOR SECTION ON ANTICIPATING DEFENSES
Tethering/Containment laws
d. Look here for tethering laws in your jurisdiction: Municode
e. The most common restrictions on tethering are:
1.
The duration of the tethering
2.
What the animal is tethered to
3.
What the tether is made of
4.
The length of the tether
f. Disadvantages of tethering:
1.
Dogs may break loose
2.
People are still able to approach the dog
3.
Tethered dogs often have aggressive behavior
Expert Witnesses
Those with an expertise in a certain field
 Some expert witnesses include:
o Veterinary/animal health technicians
o Law enforcement officers with specialized training
o Animals control officers or cruelty investigators
o Animals behaviorists
o Reputable dog trainers, breeders
o Groomers
o Farriers
o Wildlife rehabilitators
 Assemble your expert witnesses as soon as possible
 Use your experts to discuss cases
- List of Forensic Vets: ASPCA Forensic Experts
Search Warrant Procedure
 The Georgia Constitution protects against warrantless seizures. GA. CONST.
art. I, § 1, para. 13.
 A search warrant is necessary anytime you wish to enter private property
to investigate.
 An officer of the state, or its subdivisions must apply for a search warrant.
GA. CODE ANN. § 17-5-20 (2014).
o The officer must, under oath, state facts sufficient to show probable
cause with sufficient detail. GA. CODE ANN. § 17-5-21 (2014).
 Show crime is being committed, or has been committed
 Describe place or person to be searched
 Describe things to be seized
 Any “judicial officer” may issue a search warrant. GA. CODE ANN. § 17-5-21
(2014).
 Upon conducting a lawful search, the officer is not precluded from
discovering and seizing “any stolen or embezzled property, any item,
substance, object, thing, or matter, the possession of which is unlawful.”
GA. CODE ANN. § 17-5-21 (2014).
 The search warrant must be executed within ten days from the time it is
issued. GA. CODE ANN. § 17-5-25 (2014).
o If the warrant is executed, a duplicate of the warrant shall be left
with any person whom the warrant was for. GA. CODE ANN. § 17-5-25
(2014).
 Be sure to file the return.
 You will need a new warrant to re-enter the property after the search
warrant has been executed
 See generally King v. State 577 S.E.2d 764 (Ga. 2003).
Exceptions
 When there is probable cause to believe that a criminal offense has been or
is being committed
 Exigent circumstances- when law enforcement officers have reasonable
grounds to believe that there is an immediate need to protect their lives,
the lives of others, their property, or that of others. Carr v. State, 482
S.E.2d 314, 321 (Ga. 1997) (citing Michigan v. Clifford, 464 U.S.287 (1984)).
 If consent is given
Executing a Large-Scale Seizure
o Prior to Arriving on Scene
o Have all needed supplies (leashes, carriers, transport, halters)
o Arrival on Scene
o Walkthrough in order to document along with photo/video all the
evidence and examine the animals and their living conditions
o Field Removal
o Field unit should consist of:
o Team lead
o Handlers
o Scribe
o Photographer
o Before removing an animal, photograph it with a whiteboard
including the animal’s number, the seizure date, and the case number
o Record all animals seized
o Veterinary Intake Onsite
o Each team (veterinarian, scribe, photographer, and handler) identifies
and exams each animal
o Transport
o Before transport, the driver must record the intake on the transport
log
o The animal’s paperwork must be secured to the carrier or cage
o Media Considerations
o Be prepared and know how your agency wants to manage media
Animal Care Standards for Some Common Animals
Dogs
1. Female: bitch; Male: male
2. Accessible fresh, clean water
3. Fed quality dog food based on package’s instructions
4. Shelter available
5. Yearly veterinary exams, rabies shot, heartworm blood test
Cats
1.
2.
3.
4.
5.
6.
Female: queen; Male: tom
Accessible fresh, clean water
Fed quality cat food based on package’s instructions
Indoor cats be given litter pans and litter material cleaned daily
Shelter available
Yearly veterinary exams, vaccinations against feline distemper,
rabies, and feline leukemia
Horses
1.
2.
3.
4.
Female: mare; Male: stallion
Young female: filly; Young male: colt; Castrated male: gelding
Accessible fresh, clean water
Fed a complete hay diet, partial hay diet, or “complete” grain-type
diet
5. Available salt blocks
6. Shelter available, stalls be a minimum of 10’ x 10’ or straight stalls
(provided with daily turnout)
7. Yearly veterinary exams, annual vaccination for rabies and
tetanus, hooves trimmed every 8-12 weeks, teeth checked
annually
Cattle
1. Female: cow; Male: bull
2. Young female: heifer; Young animal, either sex: calf; Castrated
male: steer
3. Accessible fresh, clean water
4. Available hay and grain to graze at all times placed in manger, hay
rack, or bucket (exception to big bales can be on ground)
5. Feed kept dry
6. Available salt blocks
7. Shelter available, dry bedding
8. Yearly veterinary exams, vaccinated annually for rabies and other
diseases, dewormed,
Sheep
1.
2.
3.
4.
5.
Female: ewe; Male: ram
Young animal, either sex: lamb; Castrated male: wether
Accessible fresh, clean water
Available hay and grain to graze at all times
Available salt blocks
6. Shelter available
7. Yearly veterinary exams, cattle de-wormed 2-4 times a year,
lambs routine working over summer, annual vaccinations for
rabies, enterotoxemia, and tetanus
Goats
1.
2.
3.
4.
5.
6.
7.
8.
Female: doe; Male: buck
Young animal, either sex: kid; Castrated male: wether
Accessible fresh, clean water
Available hay and grain to graze at all times placed in manger, hay
rack, or bucket (exception to big bales can be on ground)
Feed kept dry
Available salt blocks
Shelter available, dry bedding
Hooves trimmed once a year, vaccinated for rabies and tetanus
once a year, dewormed twice a year
Pigs
1. Female: sow; Male: boar
2. Young female: gilt (not given birth); young weaned pig, either sex:
shoat; castrated male: barrow
3. Accessible fresh, clean water
4. Fed complete pig ration twice a day
5. Shelter available
6. Yearly veterinary exams, de-wormed 2 times a year, vaccinations
for rabies
Rabbits
1. Female: doe; Male: buck
2. Accessible fresh, clean water
3. Access to food- free access hay, pelleted rabbit food, raw carrots,
pieces of apply, alfalfa
4. Pieces of hard wood or dog biscuits
5. Shelter available, hutches cleaned daily (12” x 12” with dry
bedding with wire mesh floor)
6. Veterinary care for diseases, parasites, mal-alignment of teeth,
intestinal impaction
Birds
1. Female: hen; Male: cock
2. Accessible fresh, clean water
3. Available to pelleted bird feed and seed at all times
4. Shelter with perches and “cuttlebone” material available, cage
that allows them to move freely, cage cleaned on regular basis
5. Veterinary care for routine beak trimming and check for
respiratory and intestinal diseases
Chickens/Ducks/Geese
1. Chickens- Female: hen; Male: rooster; Young: chick
2. Ducks- Female: duck; Male: drake; Young: duckling
3. Geese- Female: goose; Male: gander; Young: gosling
4. Accessible fresh, clean water
5. Available to chicken/duck food at all times
6. Shelter available, a place to roost
7. Veterinary care for respiratory diseases and diarrhea, dewormed
and checking for lice once a year
Gerbils/Guinea Pigs/Hamsters/Mice/Rats
1. Female: sow; Male: boar; Young: piglets
2. Accessible fresh, clean water, from water bottle
3. Available food for appropriate species (not rabbit food),
something to gnaw on
4. Shelter available, odor-free, dry bedding or shavings
(Investigating Animal Cruelty, A Field Guide for Law Enforcement Officers,
Humane Society of the United States)