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Anatomy of a
Search and Seizure
One of the
hardest and least addressed issues concerning hooved animal rescue
is how does one acquire a search and seizure warrant? Grounds for a
Search and Seizure warrant may vary from state to state. I can only
say that one needs to research what, in your state, constitutes
animal abuse and neglect in your state.
1. So you've
heard about abused animals? What can you do to help? A little known
fact is that most individuals can get an abuse case on the way. The
first step is to go see if the reports are true for yourself. Do not
take someone else's word, too often, these cases turn out to be
either older animals looking their age, neighbor wars, or a case of
caring individuals whom are not experienced with equines or other
livestock. NEVER check these things out by yourself, take a friend
and a car phone it you have one (know the local police number by
heart) . I have been run off the road, and approached with a gun,
just for slowing down on the road. I am sure that time I was spared
only because as the man angrily approached my truck, I was on the
phone to the county police giving his license plate number and road,
where I had been run off. The man quickly changed his attitude and
asked if I was having car trouble, LOL, I said yeah, you seem to be
blocking my way. He apologized and got back in his truck meekly
after a few yes maa'ms and thank you's assuring me he meant no harm,
just wanted to make sure I was not lost or having car trouble.
Yes this man was eventually convicted for animal cruelty and
neglect, along with terrorist threatening of the prosecuting
attorney. My first lesson was learned well and I still investigate
cases. Investigate safely and live to investigate again!!
2. If you
can do so safely, take pictures or video of the animals on one or
more drive by's. Be sure to make two copies of everything, one
for the authorities and one for yourself. Record dates and times for
your complaint report. Ask for a copy of the police report too,
we've often had reports or pertinent information lost in the
shuffle. Police stations and prosecutors are busy people, so if your
evidence gets lost make copies of everything again before refilling.
Most evidence, does not get lost a second time, especially after you
have been kind enough to supply copies, especially of the original
police report. If you are not a part of or associated with a rescue
group find one, hopefully one that deals with the type of animals
you are concerned with. Be sure to record dates and conditions in
your personal notes. Conditions include living conditions, type of
enclosures and safety issues, appearance of feces, ( black and tar
like in appearance, or chalky, unusually dry, no grain found in
feces etc.) or lack of feces, water and food present, if the animals
are having trouble urinating and overall conditions of the animals.
Don't kid yourself these people are going to call you a liar, but be
sure to tell the owner what you have observed in the feces, and the
appearance of the health of the animals. Explain that eating trees,
parts of the barn (exclude cribbing marks) and stump chewing,
consuming of feces and dirt are NOT normal behavior for any animal
on a large scale. Either there is a medical problem that needs
treated or.....?
3. Ask that
a county police officer accompany you and a rescue group or
Humane Society member to talk to the owner and physically examine
the animals. If further cause is found, then ask that a vet (local
or state) to accompany you and an officer to further examine
these animals and to get an official medical opinion. Be sure to
take pictures each time you go out to the property. I always tell
the owner the pictures are for their protection as well as yours. If
the situation turns out to be a false alarm, you will have the
pictures to prove it, if not? Hey, you still have the pictures to
prove it! Be sure again to record dates and conditions.
4. Make the
offer of hay and grain, or farrier and vet care, (I have never had
an owner take up my offer yet), talk with the owner in the presence
of police officers about how these problems can be corrected.
Suggested amounts of quality food, vet advice on feeding these type
of animals, herd reduction is certainly within reason , sell some to
feed the others. You can take this opportunity to talk also with the
owner about the penalties under the state law for animal abuse and
neglect. Request the presence of an officer during follow up
education and health checks on the animals, if probable cause has
been found. You know the drill, dates, pictures and conditions
In our March
issue, we will continue further examination of approaching
prosecutors, presenting evidence and securing a search and seizure.
Special note many rescue organizations and Humane Societies use
different methods of operations and procedures. IHAHS has found that
attempts at education are looked upon with favor from prosecutors
and judges. Even if the attempt has failed at least you tried an
alternative to immediately seizing the animals and accusing the
owner, which shows concern for both the animals and owner. If the
owner accepts and sticks to education efforts, then it is a job well
done. The owner has successfully put these animals back in good
health and supposedly now knows how to keep them that way. He may
even find it is more expensive then he can afford and give some of
all of them up or sell them. However most will back slide as old
habits are hard to break. Follow ups may help prevent this. Some
owners are genuinely ignorant of the needs of their animals
and the state laws. Educating these individuals is well worth the
effort. You or your organization escapes the cost, and the owner
escapes litigation and learns some valuable lessons. If educations
fails litigation is the next step.
If you are in need
of more information before the March issue of "Hooved" is
published, you can visit our website at http://www.ihahs.org
to see what emaciated or abused animals look like or e-mail Janay at
ihahs@home.com Thanks. |
