Basic Animal Cruelty Investigations Presented by Mike Cassidy.

Basic Animal Cruelty Basic Animal Cruelty InvestigationsInvestigations

Presented by Mike Cassidy

What comes firstWhat comes first

Appearance is everythingAppearance is everything When you report to work you should be When you report to work you should be

sure that your appearance reflects sure that your appearance reflects professionalism professionalism

The same professional appearance The same professional appearance should be reflected in your courtroom should be reflected in your courtroom appearancesappearances

Stop the ldquoDogcatcherrdquo Stop the ldquoDogcatcherrdquo perceptionperception

What constitutes cruelty What constitutes cruelty in Kentuckyin Kentucky

525125 Cruelty to animals in the first degree (1) The following persons are guilty of cruelty to animals in the first

degreewhenever 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

ownerknows 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 Animal Cruelty First DegreeDegree


525130 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 525125 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 Thisparagraph shall not apply to intentional poisoning of a dog or catintentional poisoning of a dog or cat shall constitute a violation of thissection


(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 tohorse racing at organized races and training for organized racesorganized horse shows or other animal shows(f) For bona fide animal research activities of institutions of higher educationor a business entity registered with the United States Department of Agriculture under the

Animal Welfare Act or subject to other federal lawsgoverning animal research(g) In defense of self or another person against an aggressive or diseasedanimal

(h) In defense of a domestic animal against an aggressive or diseasedanimal(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 thantraining a dog to fight for pleasure or profit and other activities authorizedeither by a hunting license or by the Department of Fish and Wildlife shall notconstitute a violation of this section(4) Cruelty to animals in the second degree is a Class A misdemeanor

Animal Cruelty Second Animal Cruelty Second DegreeDegree


Torture of a Dog or CatTorture of a Dog or Cat

525135104867410486741048674Torture 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 CatTorture 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 525125 or 525130

Torture of Dog or CatTorture of Dog or Cat

Can local government Can local government have additional lawshave additional laws

Of courseOf course Many local governments have enacted Many local governments have enacted

ordinances that add to the animal cruelty ordinances that add to the animal cruelty statutesstatutes

Example they define what adequate is Example they define what adequate is and some have made shelter a and some have made shelter a requirementrequirement

What types of complaints What types of complaints do we deal withdo we deal with

Animals running at largeAnimals running at large Dog bite casesDog bite cases Animal abuse casesAnimal abuse cases Animal neglect casesAnimal neglect cases Animal cruelty casesAnimal cruelty cases DogCock fighting casesDogCock fighting cases

What tools are you going What tools are you going to needto need

It is essential that the ACO understand and It is essential that the ACO understand and know their authority as given to them by the know their authority as given to them by the jurisdiction they work forjurisdiction they work for

Read the Ordinance that created your positionRead the Ordinance that created your position Read and understand all Animal Laws which Read and understand all Animal Laws which

you are being asked to enforceyou are being asked to enforce Read your agencyrsquos Standard Operating Read your agencyrsquos Standard Operating

ProcedureProcedure

Education vs ProsecutionEducation vs Prosecution

Realize that some animal problems can Realize that some animal problems can be handled thru Educationbe handled thru Education

-Nature of your organization-Nature of your organization- Benefits the animals effected- Benefits the animals effected-Legal Reasons-Legal Reasons

Case may be weakCase may be weak

Time and cost may be prohibitiveTime and cost may be prohibitiveRisks of procedure violationsRisks of procedure violations


Realize that with some Animal Cases it Realize that with some Animal Cases it will be necessary to present the case for will be necessary to present the case for prosecutionprosecution

- Education fails- Education fails

-Crime does not warrant education-Crime does not warrant education

Legal Procedures for your Legal Procedures for your InvestigationInvestigation

You have the right to anyonersquos houseproperty You have the right to anyonersquos houseproperty to make contact with the owner of the property to make contact with the owner of the property or the owner of the animals based on the need or the owner of the animals based on the need to investigate a complaint regarding the to investigate a complaint regarding the animalsanimals

- This is generally going to follow a complaint - This is generally going to follow a complaint being made by a complainant victim or being made by a complainant victim or witnesses Sometimes the complaint will be witnesses Sometimes the complaint will be anonymousanonymous



- This is generally going to follow a - This is generally going to follow a complaint being made by a complaint victim complaint being made by a complaint victim or witnesses Sometimes the complaint will be or witnesses Sometimes the complaint will be anonymousanonymous


When contact is made you will need to When contact is made you will need to introduce yourself and explain why you introduce yourself and explain why you are there and the need to investigateare there and the need to investigate

At this point the owner of the property may ask At this point the owner of the property may ask you to leave and you must Complyyou to leave and you must Comply

If the case is to be further investigated then you If the case is to be further investigated then you will need to make the case another way If will need to make the case another way If enough probable cause you may seek a search enough probable cause you may seek a search warrantwarrant


If on the other hand the owner of the If on the other hand the owner of the property or the animals agrees to property or the animals agrees to cooperate with you you are highly cooperate with you you are highly recommended to have them sign a recommended to have them sign a consent to search especially if you will consent to search especially if you will need to see the animals on the propertyneed to see the animals on the property


If no one is home or at the property then I suggest that If no one is home or at the property then I suggest that you leave a door notice and business card asking them you leave a door notice and business card asking them to contact you at your agency ASAPto contact you at your agency ASAP

Additional Concerns with Additional Concerns with InvestigationsInvestigations

Every ACO should stay very alert for their own Every ACO should stay very alert for their own personal safety when dealing with animals and personal safety when dealing with animals and peoplepeople

IF AT ANY TIME THE OFFICER FEELS IF AT ANY TIME THE OFFICER FEELS THREATENED RETREAT IS ALWAYS AN THREATENED RETREAT IS ALWAYS AN OPTIONOPTION

Officer safety is first priorityOfficer safety is first priority

You never know what you You never know what you might get intomight get into


Realize that there may be some investigations Realize that there may be some investigations that you may want to photograph Make a that you may want to photograph Make a sketch or do video for evidence sketch or do video for evidence

First in order to use these items you have to be First in order to use these items you have to be LEGAL in doing soLEGAL in doing so

Second you will need to follow the rules of Second you will need to follow the rules of evidence with regards to how to handle the evidence with regards to how to handle the evidence and maintaining the chain of custodyevidence and maintaining the chain of custody

It will be discussed more in case It will be discussed more in case reportsEvidence CollectionreportsEvidence Collection

Qualities of a Good Qualities of a Good InvestigatorInvestigator

Be knowledgeable of the law and current Court Be knowledgeable of the law and current Court DecisionsDecisions

Be Diplomatic and Understanding ndash Be able to Be Diplomatic and Understanding ndash Be able to defuse tense situations and show you caredefuse tense situations and show you care

Be Objective ndash Not mislead by personal Be Objective ndash Not mislead by personal prejudice feelings anger or dislikeprejudice feelings anger or dislike

Be Flexible You have to be able to converse Be Flexible You have to be able to converse with the educated and the uneducatedwith the educated and the uneducated

Interviewing TechniquesInterviewing Techniques

Complainants and WitnessesComplainants and Witnesses

Definition of an InterviewDefinition of an Interview An interview is the questioning of a person who is believed An interview is the questioning of a person who is believed

to possess information or knowledge of interest to the to possess information or knowledge of interest to the investigatorinvestigator

The relationship established between the The relationship established between the interviewer and the subject usually determines interviewer and the subject usually determines the success of the interviewthe success of the interview

Establish RapportEstablish Rapport

Interview EnvironmentInterview Environment

Eliminate Distractions Eliminate Distractions

Separate persons being interviewed from Separate persons being interviewed from others especially other witnessesothers especially other witnesses

Otherwise they may tend to change their stories upon Otherwise they may tend to change their stories upon hearing someone elsersquoshearing someone elsersquos

Some people donrsquot feel comfortable talking in front of Some people donrsquot feel comfortable talking in front of othersothers

Especially NeighborsEspecially Neighbors

One interviewer should do all the interviewing One interviewer should do all the interviewing if possibleif possible

Formulating QuestionsFormulating Questions

Keep questions shortKeep questions short Less confusingLess confusing

Keep questions confined to one topic at a timeKeep questions confined to one topic at a time Try to keep questions in Chronological orderTry to keep questions in Chronological order

Make questions clear and easily understoodMake questions clear and easily understood In not understood rephrase questionsIn not understood rephrase questions

Avoid Yes and No questionsAvoid Yes and No questions Ask questions that need to be explainedAsk questions that need to be explained

Avoid leading questionsAvoid leading questions Avoid assuming something is fact until either told to you or proven Avoid assuming something is fact until either told to you or proven

to youto you

Steps to a Successful Steps to a Successful InterviewInterview

Introduce YourselfIntroduce Yourself By doing this you become a person and most of By doing this you become a person and most of

the time they will introduce themselves thus you the time they will introduce themselves thus you are recognizing them as a personare recognizing them as a person

Opening StatementOpening Statement Establish Rapport- Look around when you arrive Establish Rapport- Look around when you arrive

for something that is of apparent interest to these for something that is of apparent interest to these people and then make a positive comment about people and then make a positive comment about itit


Ask what happenedAsk what happened Say ldquoHow can I help yourdquoSay ldquoHow can I help yourdquo Say ldquoHow can I be of servicerdquoSay ldquoHow can I be of servicerdquo Say ldquoWhat can I do for yourdquoSay ldquoWhat can I do for yourdquo VERY IMPORTANT THAT YOU LISTEN AT THIS POINT VERY IMPORTANT THAT YOU LISTEN AT THIS POINT

AND MAKE EYE CONTACTAND MAKE EYE CONTACT

Start over and get the DetailsStart over and get the Details Now you can start your written notesNow you can start your written notes Remember that you are still asking questions and keep Remember that you are still asking questions and keep

them in order donrsquot be jumping aroundthem in order donrsquot be jumping around

Obtain any other information required for the Obtain any other information required for the reportreport

Suspect Suspect InterviewingInterrogationInterviewingInterrogation

DefinitionDefinition Interrogation is the questioning of a Person Interrogation is the questioning of a Person

Suspected of having committed an offenseSuspected of having committed an offense The suspect is based on probable cause The suspect is based on probable cause

developed during the investigationdeveloped during the investigation The amount of probable cause can vary from a The amount of probable cause can vary from a

considerable amount to just a small amountconsiderable amount to just a small amount

Suspect InterrogationSuspect Interrogation

Recommendation Each ACO should Recommendation Each ACO should have a discussion with their Prosecuting have a discussion with their Prosecuting AttorneyCounty Attorney regarding the AttorneyCounty Attorney regarding the advising of Miranda Rights when they are advising of Miranda Rights when they are in interrogation stage of the investigation in interrogation stage of the investigation Follow the county attorneyrsquos directionFollow the county attorneyrsquos direction

Our department requires Miranda Rights Our department requires Miranda Rights to be read if an officer is going to to be read if an officer is going to interrogate a suspectinterrogate a suspect


Three possible outcomes during an Three possible outcomes during an interrogationinterrogation ConfessionConfession

A direct acknowledgement of guiltA direct acknowledgement of guilt AdmissionAdmission

An incriminating statement that indicates but An incriminating statement that indicates but does not acknowledge guiltdoes not acknowledge guilt

Statement Statement A declaration regarding the facts of on incidentA declaration regarding the facts of on incident


An Interrogation should be done as soon as An Interrogation should be done as soon as possible to avoid one of these things possible to avoid one of these things happeninghappening

The longer you wait to talk to a suspect gives them more The longer you wait to talk to a suspect gives them more time to justify their actions to themselves We want to prey time to justify their actions to themselves We want to prey on their consciousnesson their consciousness

The longer you wait gives them more time to come up with The longer you wait gives them more time to come up with an alibi a workable realistic story lie or find someone to an alibi a workable realistic story lie or find someone to cover their storycover their story


The longer you wait gives them more time to The longer you wait gives them more time to influence Witnessesinfluence Witnesses

Number one reason people donrsquot want to be a witness is Number one reason people donrsquot want to be a witness is out of fearout of fear

If a witness is ever threatened immediately notify your If a witness is ever threatened immediately notify your county attorney its an additional crimecounty attorney its an additional crime

The longer you wait before contacting the The longer you wait before contacting the suspect gives them time to disappearsuspect gives them time to disappear

Always prioritize your casesAlways prioritize your cases Work on cases with a suspectWork on cases with a suspect

RecordingsRecordings

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

What comes firstWhat comes first

Appearance is everythingAppearance is everything When you report to work you should be When you report to work you should be

sure that your appearance reflects sure that your appearance reflects professionalism professionalism

The same professional appearance The same professional appearance should be reflected in your courtroom should be reflected in your courtroom appearancesappearances










































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Basic Animal Cruelty Investigations Presented by Mike Cassidy.

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Transcript of Basic Animal Cruelty Investigations Presented by Mike Cassidy.