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ANIMAL CRUELTY INVESTIGATION

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This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp

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GENERAL PROTOCOL TO BE FOLLOWED

WH EN CONDUCTING INVESTIGATIONS

AS AN APPROVED HUMANE INVESTIGATOR

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I. Know your statutes on Animal Welfare andstandards of care thoroughly.

II. If unfamiliar with a species and the hus·bandry required, seek assistance from some­one who has such knowledge and experi·ence.

III. learn to observe details carefully. Do notget "just a general pictuie".

IV. Be familiar with the Federal Animal Wei·fare Act (l~d local laws regarding animalcontrol, etc.

V. Upon receiving a complaint:

1. Get names, addresses, phone numbersof complainants or witnesses, and al·leged offenders. Note any unusual as·pects of the case such as divorce situa·tion, prolor.ged illness, advancing age,etc., of alleged offender.

2. Make contact with the alleged offender:

a. State you have rer:eived a complaintrelative to

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specify violated portion.c. Request to see the animal involved.d. If complaint is valid, take a photo­

graph. (Use of black and white filmnormally renders a more seriousmood to an animal in distress thandoes color.)

a. If .complaint is valid in your opini~.. ,explain reason to' investigatioll,thank owner and depart.

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f. Any discussion must be h.>ld byowner only, not children, neighbors,or other persons. .

3. The health and condition of the animalare the main factors in determiningwhether the case is critical or non·critical. Evaluate the nutrition beingoffered the animal. Keep in mind theweather and its effect. If the presentcondition of the animal is continuedfor any length of time and could beconsidered very harmful, the case iscritical. Depend on 'lour instinct.

VI. In the event of a serious complaint:

1. Give the owner the option to relinquishthe animal.

a. A form provided by your HumaneSociety should be signed by you andthe owner (necessary for prot.~tion

should the owner later change hismind). (See attached example Sur­render Form.)

2. If owner will not relinquish the anima!,but is willing to attempt correction, makt~suggestions to improve the situation.

3. Issue a 48 hour notice in verbal as w211as written form. Such form should beprovided by your humane society orthrough the State Society.

4. State that you will return.

REGULATIONS PURSUANT TO

APPROVED HUMANE INVESTIGATORS

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I. GENERAL INFORMATION

Persons. when submitting an application for ap­pointment as an Approved Humane Investigator,will furnish the following information: name,address of the Humane Society with whom theyare affiliated, a brief resume of their experienceand education, both practical and formal, relativeto the humane care of animals.

II. QUALIFICATIONS

Qualifications for appointment as an ApprovedHumane Investigator shall include:

A. Membership in or employment by a hu·mane society as defined by MinnesotaState Statutes 343.10, or be a State ofMinnesota licensed Doctor of VeterinarvMedicine, or a duly sworn peace officer.or law enforcement agent.

B. Responsibility to his or her organizationbut compliance with all administrativerules at,d regulations issued by the Stateof Minnesota Humane Society.

C. Demonstration of satisfactory knowledgeof all statutes on animal abuse and stan·dards of care, and its applications by oraland written examina':ion to be given bythe State Society at its discretion.

1. Knowledge of how to conduct andcomplete an investigation. includinglegally guided knowledge of how tofile charges if required.

2. Satisfactory knowledge by documentedexperience and/or formal training ofwhat constitutes proper care and hus­bandry of animals. A particular speciesmay be designated.

3. The State Humane Society may requireprior to apPfOval of an applicant as anApprcved Humane Investigator:

a. Additional info;'mation as necessaryto ascertain if the applicant forApproved Humane Investigator hassatisfactory aptitude to perform the

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duties and investinations in an offi­cial dignified manner.

b. The applicant to assist a HumaneSociety Investigator or an ApprovedHuman Investigator with an inves­tigation to gain knowledge inprocedural policy necessary in in­vestigations.

4. An Approved Humane Investigatorshall ,omply with the following:

a. Cooperation whenever possible withother Approved Humane Investi·gators or law enforcement authori·ties if requested. to aid in aninv.::stigation of complaints rela­tive to the care and 'treatment ofanimals;

b. Conduct and actions shall be suchas to avoid any undesirable public·ity for county humane societies orthe State Humane Society;

c. Except when so authorized by theState Society, no Approved Hu­mane Investigator shall representthemselves, at any stage in theconduct of an investigation, asacting directly in behalf of or as anagent of the State Society.

5. The appointment as an ApprovedHumane Investigator may be ter·minaterf following hearing for:

a. Material misstated in the originalapplication;

b. Willful disregard or violation ofState Statutes or regulations issuedpursuant thereto;

c. Conviction of any crime, an essen·tial element of which is misstate·ment. fraud, or dishonesty or con·viction of an',' felony. if the StilteSociety determines. after investi·gation, that such person has notbeen sufficiently rehabil i tated towarrant the public trust;

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d. Pursuing a continued course ofmisrepresenlation or false state·ments regarding investigations rela­tive to humane care of, animals;

e. Failure to perform their investi­gational duties and enforcement ofthe statutes and/or regulations pur­suant to animal care.

6. All Approved Humane Investigatorsshall prepare and submit to the State

.Society an annual report on formsfurnished by the Society. It shall con·tain the species and numbers of animalsinvolved, and total number of investi·gations performed that calendar year.

HOW TO CONDUCT A SUCCESSFUL

ANIMAL CRUELTY INVESTIGATION

I. INTRODUCTION

This pamphlet is to be an operational guidelineto aid law enforcement agents, Humane Societyinvestigators and all of those interested in becom­ing a State of Minnesota Humane Investigator toprofessionally and successfully conduct investiga·tions of alleged violations of State of MinnesotaStatutes.

Anti·cruely statutes provide means by which per·petrators of crimes against animals can be investi·gated and when necessary brought to justice.

It is impel'ative to stress here tha t every effort bemade to correct a situation before prosecution isattempted. More than 80 percent of all crueltycomplaints are due to owner ignorance. (Many are:Jnjustified complaints to begin with, being neigh­borhood disputes or over·zealousness; still, everycomplaint must be verified.) The key to a suc·cessful investigation is common sense, and pro·fessionalism,

II. THE INVESTIGATOR:

A. Image: (A profile of a good humane investi·gator)

1. Know Your Authority and Jurisdiction:Under Minnesota State Statutes, a humaneinvestigator has little more power than aprivate citizen regarding the enforcementof State Statutes. You do have the rightto go to your local law enforcementagency and request assistance for the cn·forcement of state law. You do not havethe povl:cr of enforcement yourself.

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2. Know All laws Pertinent to Animal AbuseThoroughlyl Copies of State of Minnesotahumane statutes are available to you uponrequest. This is especially important whenyou go to your law enforcement agenciesto request their aid. No act or omission iscriminal or punishable as slJch' unless, atthe time, there is valid statute declaringthat act or omission a crime and describ­ing a penalty for such violation.

3. Professionalism: Your attitude and ap·pearance must reflect professionalism ifyou arc to command respect and credi·bility.

a. Introduction: (First impression is thestrongest.) A person is not legally en·titled to act as an investigator unless heor she has been officiallv authorized bythe appropriate agency. An applicantfor a state Approved ~ lumane Investi·gator license must submit a resumeand be affiliated with a countyhumane society, law enforcementagency or be a licensed D.V.M.

Upon receiving a complaint on an al·leged violation of state anti-crueltylaw, the investigator should go to thatlocation and identify him/herself to theowner of the animal. Do not speak tothe neightbors or to children. State the

. nature of your visit and ask jf you maysee the animal in question. If no onc isat home, do not £Inter the property,other than to and from the front doorof the hOll,;e. If you are sure thatsomeone is at home in the rear of the

house, you may walk directly to otherentrance. Any p.v~dence you obtain atthis time will b<: ,nadmissible since youhave no permission to be on saidproperty. If, r.vwt:?ver, 'lou C,!l observethe animal in quest i o'1 /rom publicaccess (i.e., road or sidewalk) thatobservation can I'l; used to obtain awarrant on probable cause.

b. statutes: Always bring a copy of youranti-cruelty statutes with you and uponverification of complaint, indicate toowner the apprU}lriate section of whichhe/she is in violation.

c. Maintain Your Integrity: Always dowhat you say you are going to do. Ifyou ask the owner t~ correct a situa­tion and tell the owner you are goingto stop back, make sure you do.

Always make sure you separate .emo·tionfrom fact. Tell it like it is, behonest and specific. Don't ever makethreats such as, "If you don't build adog house, I'll have you locked up."

Just explain what the violation reallyis and what the owner is expected todo to come into conformation withstate law. Be as helpful as possible byoffering advice and assistance wherepossible.

Your appearance is important as well.Always be neat. courteous and pro­fessional. A clip board or note bookwill aid your image. Stand erect andlook directly at the individual you arespeaking to. Speak clearly, politely,but with professional firmness.

III. THE COMPLAINT

Generally speaking, the complaints most organiza­tions receive may be divided into three generalclassifications: 1) Vindictive; 2) Misguided;3) Legitimate. Vindictive and misguided com·plaints probably represent the greatest percentageof complaints received by human8 organizationsand law enforcement agencies. A misguided com·plaint is one in which the complainant is incor·rect in his/her belief that a violation has occurred.but sincerely believes that there is somethingwrong. A vindictive complaint is an unjust com­plaint given to cause harassment. or embarrass-

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ment. A legitimate complaint is one in which thecomplaint has some basis in fact.

-Remember that all complaints should be treatedas legitimate 'until they Ilave been proven other­wise. It is essential that they receive prompt aridadequate handling.

Information regarding violation of cruelty isgenerally received in one of five ways: 1) Letters;2) Telephone calls; 3) Personal visits to youroffice or society; 4) Encountered in course ofduties; and 5) Referrals from vetednarians, policeor State Humane Society.

A. Things to Remember in Handling Complaints:

1. The person taking the complaint must bepolite and understanding. yet must try toget all necessary information required to'conduct the investigation.

2. Make every effort to obtain the name andphone number of the individual making thecomplaint. Complaint forms should include:Who? What is going on? Where? (Exactlocation both to street and premises)When? How long?

Be sure to stress that all information reoceived on complaints is confidential andwill not be released without court order.This is to aid in obtaining the name andphone number of the individual makingthe complaint.

B. Complaint Form: Accurate, detailed recordkeeping of complaints and case histories isvitally important. Some sort of coding ordermay be helpful. You might also consult yourlocal law enforcement agency to see how theykeep records - also a good excuse for you tointroduce yourself to them as the countysociety investigator. If someone other than theinvestigator receive~: complaints, that individualmust be thoroughly briefed on your methodsand procedures. Ideally. all information, bothpast and present, should be presented to theinvestigating officer along with current com·plaint.

The complaint form should include the fol·lowing basic data:

1. Date received2. Nature of complaint3. Location of animal(5)4. Name and address of suspect

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5. Date and time oflP'lltged violation6. Name, address -ao'q _telp.phone number of

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complaint and witnesses7. Soecial circumsta('lces: weather conditions,

temperature, wino chill factor ..'8. Any additional facts pertinent to the in­

vestigation9. Person who takes complaint

10. Complair t /Iumber (for example, see Minne·sota Hun ane Society sample complaintform)

C. The Investigation: The term "investigate"sil1"ply means to examine and observe bysystematic inquiry. In other words, the in­ves~igator's job is primarily to see·k and dis­cover the facts and then decide what course oiaction seems most appropriate. If you willtake care of your facts, the law will usuallytake care of itself.

1. Tools of the Trade: A systematic andanalytical approach must be taken. Docu·m~ntation and accurate notes of all actionsand observations are extremely important.

a. Observation: Your eyes, ears and noseare all integral tools of observation.What you saw during the investigation,i.e., cages, condition of animals andpremises, surrounding property, access~o food and water, etc., are illl part ofyour report. Listen very carefully to thesuspect. Take notes of what he or shesays, i.e., vet visits, other trouble theindividual has had prior to your ar·rival, etc. Also listen to the animals,breathing, crying, etc. Your nose, whatyou smell, is also admissible evid~nce.

Remember, be alert!

b. Written Report: In addition to the in·formation containeJ on the initialcomplaint, the investigator must makenotes. to be included in his final reoport. These should include: date andtime of investigation, conditions foundupon arrival, suspect's comments rela­tive to the allegations, investigator'scomments to the suspect and recom·mendations made to the suspect.

Good report writing is dependent uponthe investigator being entirely objec­tive. There are five principals to goodreport writing: Accuracy, Complete·ness, Brevity, Fairness. and F0rmat.

In order to be accurate the investigatormust be honest. All information must

. be supported b'/ fact. Avoid hearsay atall costs..

Completeness means reporting all thefacts learned which may have a bearingon the case. If you know that certaininformation is lacking in the report,say so. Nothing must be taken forgranted or assurned in writing a rrport.

Brevity demands that all irrelevant andunessential material be eliminated fromthe report. Don't worry about theshortness of the report, but only itscompleteness.

Fairness is the fourth essential in goodreport writing. The investigator mustmake every effort to be unbiased andnot let his or her emotions get in theway of what is actual fact. Rememberthe court is not concerned with whatis morally right.

Format refers to the arrangement ofthe materials presented and the visualform the report takes. All reportsshould be rrinted from notes takenduring the investigation, and thentyped. Make sure spelling is correct.Devise a standard report form - con­sistent use will result in familiarizinginterested parties with your procedureand also insuie no pertinent details areleft out. '

Never throw anything away. Yourfield notes should be kept in the casefile as well. These field notes mi~Y

come in handy in court.

c. Photography As Evidence:

1) Probable cause: In cruelty or ne­glect cases where the animals canbe observed from public access,photos may be taken to be used asprohable cause for the issuance ofa search and seizure warrant, jf nec­essary. Remember, prior to theissuance of a warrant, evidence canonly be obtained from the publicroadway or sid'fwalk. Never enterthe prt'mises to obwin photographicevidence. This could result in the

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loss of the case as well as chdrgesdirected at you and/or the Societyfor illegal s~arch and violation of anindividual's constitutional right toprivacy.

If YOll feel the complaint is justi·fied and a warrant is required toremove the animals, the best sourceof probable cause is an instant·typecamera. These are usually inexpen­sive and easy to use. The main ad­vantage is you get your evidence inminutes. This is your justificationfor probable calise for the issuanceof a warrant.

2) Photography as Evidence: Subse­quent to the issuance of the war­rant, photos may be taken as Cli­dence on the property where tileanimals are located. Generally, tht:following guidelines regarding crim­inal photography should be fol­lowed:

a) Black and white photos are byfar preferable to color. Blackand white normally renders amore serious mood to an animalcruelty complaint. Processingblack and white is usually faster,more predictable and is cheaper.Additionally, black and whitephotos are easier to reproducein newsletters, newspapers,etc.

(.1) Identification of photos is anabsolute must. It is advisableto keep a record of each phototaken on a separate sheet ofpaper for your records. A 5"x7" index card with the case #,photo:t, date, individual's name,plus any other information,should be made for each photo.If possible, a record, includingphotos of a thermometer read­ing, ruler or other apparentmeans of identification regard·ing weather conditions. size ofanimal, etc., should be includedin your series of photos. '

After processing, immediatelyidentify e;::ch photo with thecorresronding index card Jndlabel lhe photo number and

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case .filr, on the back of thephoto.~ (With processed film,especially if it is a very seriousC;3se, it,is a good idea to get astater;.ent from .he film proc­essor that the film wns de­veloped or shot with no altera­tions or retouching of any kir :.)

c) What and how to shoot is alsoimportant. The animals shouldbe shot frorn front and rear andfrom the top looking down jfpossible. This is especially im­portant with very thin animals.In the case of wounds or lacera­tions, a whole body shot fol­lowed bY;j close-up is preferable.

The physical environment where'-he animal is confined is alsoimportant in deciding the out·come of a cowt case. Photosshould be .taken of the animalin its environment with care'toshow fecal material, lack offood and water (Le., emptydishes, etc.). Also the surround­ing area should be photo·graphed. If an animal is housedin a dog house within a junkyard, for example, both thedog house and surrounding junkshould be shot.

IV. THE LEGAL PROCESS

A. The Wa~r1nt: Once YOll have verified thatthere is an abuse or neglect situation which isa violation of state statutes, the followingbasic procedures should be followed:

1, Notify the State Society of the violation.

2. Enlist the aid of a local peace officer orsheriff's department to accompany you tothe site. Explain to law enforcement offi­cials what statute h1'\ been violated andpresent your photographic evidence.

°NOTE: Before follOWing the above procedur'~ of mark,n<J the hackof each photo. be certMn to UISCUSS th,s mallet wtrh yom countyprosP.Culor or 3!!orney. SOfTIe pro,~r.uUlrs 00 not want phr,((j~

introduced at P'\ild~n'-e which have h~en marked III any way p,ceptas ~n ~.hilJ't 01 the coun. If this l~ thlt case. you would do h'lstto order two sets of prints. one for court and one for your C;l~e

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Note: At this time, every effort should be: made to try· and;'correct the situation

through education and rounseling if it hasnot been done on; your initial visit.• . . . ~ :" •• ,j "

3. I f corrective action cannot be achieved inthis manner, or the life of the animal isin grave danger, ask the law enforcementofficer to obtain a warrant to remove theanimal (s) from the 5ite.

4. Accompany the law enforcement officer tothe court house or to the prosecutingattorney's office and present your elli·dence and description of the situation tothe prosecuting attorney. Make sure thatthe individual who owns or has charge ofthe animals in question is charged with thecorrect violation.

Note: It is important that YOll, the inves­tigator, present only the facts and nothingmore. Do not add embelishments to thesituation. Report only what you know tobe true and factual.

5. Assuming you obtain the warrant, youshould then seek to" enlist the aid of alocal veterinarian to accomp'lny you andthe law enforcement personnel back to thesite. If you cannot get a veterinarian toaccompany you, make arrangements tobring the animal (s) directly to the veteri·narian's office for evaluation. His or herwritten evaluation and diagnosis is essentialto a successful prosecution.

6. Before serving the wCl:-rant, you must havesome place to house the animal (s). Sucharrangements can be made with yourlocal veterinarian or in the case of largeanimals, county fairgrounds or privateboarding facUities could be utilized.

The expenses of the investigation autho·rized by state statutes, including the fee ofthe veterinarian, the expenses of keeping ordisposing of any animal taken into custodypursuant to the investigation and all otherexpenses reasonable, incident to such in­vestigation, shall be paid by the countytreasurer from the county's general fund.If the person alleged to have violated statestatutes is found guilty of the violation, thecounty shall have judgment against theguilty person for the total amount of theexpenses (Minnesota Scatutes 346.2161.

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7. Upon a proper determination by a licensed-Doctor of Veterinary Medicine, any animal

'.' . I' :'tak~n' into custody following an investiga-I 'tion may be immediately disposed of when

such animal is suffering and is beyond curethrough reasonable care and treatment. Theexpenses of such disposal shall be paid bythe county treasurer in accordance withMinnesota Statutes 346.216.

V. PUBLICITY

Utilization of the media in cruelty cases servestwo very important functions. First, media cov­erage shows the community that your Society isbusy aiding in the welfare of animals by the en­forcement of state statutes. Your credibility as acommunity service organization is enha'1ced eachtime the public reads i:lbout your agency. Secondly,media coverage of investi!!ation serves a very im­portant role as an educational tool. It lets potentialanimal abusers know that someone will act tocorrect a situation and that there are laws relatingto the abuse and neglect of animals ill our state.

Th~ media can be the most important weaponagainst neglect and abuse you have, but using itwisely and at the correct time is of paramountimportance! Tile following suggestions shouldhelp you in the efficient use of the media:

1. Before contacting the media regarding acase, Jlways talk to the prosecuting at­torney. Never cail the media unle~s youhave a case which is airtight.

2. Give the media or,ly the facts. Never try toembell ish the story with "th is is the worstcase I have ever seen." This only serves to~Jndermine your credibility. You must al·ways present yourself in a professionalmanner. The use of sensationalism is notprofessional.

3. Never, ever exaggerate the conditions orthe facts to the press. If you do this andthey find out, which they will, the mediawill never trust you agai:1 and, indeed,may not want to cover any story whichyou have been involved in.

4. Never release any in formation prior to theserving of the warrant and the subsequentremoval of the animals.

5. Develop good media contacts. It is a good

idea for you to personally visit your localradio, newspaper and TV station newsdirecturs to introduce yourself. The newsdirector can let you know which reporterwill be ~upportive and interested in cover­ing animal·related stories. Thereafter, youshould make every effort to use the samereporter for all your investigations andsrecial events.

VI. PREPARATION FOR COURT APPEARANCE

One of the more neglected aspects in the trainingof investigators is the work of the procedure inthe courtroom and on the witness stand. Ap·pearances in court are part and parcel of the prob·lem of law enforcement. It is in cont\;;sted courtcases that the investigator must prove his worth.Failure in tp.stifying properly when on the witnessstand may make worthless all the good work donebefore. This in no way lessens the importance ofa good investigation, for the courtroom is the finaltest. Here the public is made fully aware of theinvestigation. The public forms its opinion notonly upon the substance of the officer's testimony,but also upon his conduct 01) the witness stand.

If vau think that testifying in court is a simplematter, you are due for a surprise. Confronting askillful defense counsel in the courtrOOrTl can bea most trying encounter.

To prepare yourself for the witness stand, youmust make yourself familiar with the case nomatter how long ago the investigation occurred.Never let yourself be caught in the po!>ition ofhaving to testify about a case which was investi·gated a long time before without a careful,thorough review of the case and the informationwithin your knowledge. If you fail to review thecase carefully, or rely on your memory alone,your testimony will result in confusion, mis·statements, omission of material facts, and incon·sisten(,i;::s. It wHI reflect disrespect on you nne!your organization.

Wherl you are on the wi tness stand, you are onthe spot because you are an enforcement agent.You are looked upon as an interested party -.often as biased and prejudiced. The defensecounsel may force these ideas, and accentuate theone thilt is most effective on the jury.

While on the witness stand you should followthese points of conduct:

1. Tell the Truth: Your PUrrOS(? in testifying

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is to assist the court in arriving at the tr~efacts so that a just decision can be made.Relate the facts as you know them. Thatis your sale function on the witness stand.

2. Don't Be Fearful: This statement may seemstrange, but the courtroom is a most formalsetting. The fact that you are in the court­room, the center of all eyes, may make youself-conscious, ill at ease, or evell timid.Maintain your poise. look squarely at thelawyers, the judge, and the jury. Tell thefacts; telling them gives confidence. Takeyour time in answering questions.

3. Be Prepared: Refresh your memory aboutall the facts relative to the case. Visualizeyour testimony as a chain of events inorder of occurrence. Do not memorizenotes, but use them as a memory refresher.If you have the facts well in hand, yourpresentation will be; interesting and ac'ceptable.

4. Listen to the Question: Be sure you under­stand the question before attempting toanswer it. F;li1ure to get the precise mean­ing of t~le question is usually a constantsource of enlbarrassment to the witness.This is recognized by some attorneys whoharass the witne<;s by asking questions in alow voice, makil'Q it necessary for thewitness to ask that questions be restated.The attorn~y uses the rC'luest for continuoous restatements to imply tll:'1t the wit!'1eSSdoesn't know what is going on. It is ameans to discredit the witness. The witnesscan turn to the judge and request that heask the attorney to speak so that he canbe heard, or ask a Question in a moreunderstandable way.

5. Be Frank, Modest, Natural: Always beyourself. Speak in a steady, cfeJr, con­versational voice. Nothinq impresses a judgeor jury more than modesty. Frankness,modesty, and naturalness are Qualities thatpeople like, especially in court.

6. uo Not Volunteer: There is always thetemptation to go beyond the statement offacts. Keep in mind that you are notcalled upon to make a speech. Your onlyduty is to answer the Questions truthfully,and briefly. Do not argue the facts or drawconclusions from them.

7. Koep Control of Emotions: If YOll lo~{'

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F ' ... .your temper on the witness stand, you dis­credit yourself and prejudice the case. Iqnore

I insults, attempted badgering, or the E:<e.If the jUdge permits these tactics bycounsel, there is nothing you can do buttake it. Retain your poise and renlaincalm. Conserve your mental resources foranswering questions in a dignified manner.Do not rise to the bait of the attorney whois trying to <Jet you to lose your temper.

8. Be Courteous: Even though a question maybe ridiculous or absurd, and the judge permits it to stand, answer it without anydemonstration of contempt or sarcasm.

9. Be Heard: At all times speak so that thejudge and jury can hear you. Testimony isvalueless unless it can be heard. Don't makeit necessary to be told to speak up. Don'tshout, but don't make it appear that youand the attorney are holding a secretsession. The judge and jury rasept it.Remember that a trial is a public hearingand the defendant's liberty is at stake.

10. Watch Appearances: Sit erect on the wit­ness stand. Sprawling 'or slouching createc;a bad impression. Don't lean forwar~ VI', thelbows Or1 knees. Be comfortable buterect. Testify in a businesslike way. Dressneatly.

11. Trial: An in~errogation of a witness usuallycommences with the prosecu ting attorneyasking, "Now while you were in thevicinity of the location detailed in thecomplaint at (here the time of day anddate are inserted), tell us in your ownwords what you observed."

It is here that you repeat the facts con·tdined in the complaint exactly as youobserved them. If notes or memoranda ofany. kind· are to be referred to, it is neces­sary to ask permission of the court. Thispermission is usually granted. After youhave refreshed your memory, look up andanswer the question. Try not to read theanswer. Look at it, digest it, and answerthe question.

In some instances you may be inclined tointroduce into the testimony a few detailswhich you did not actually see but whichyou believe will help the case. This ten­dency may crop up when you are certainthat the defendant is guilty, but you are

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aware of a small loophole through whichthe defendant may escape punishment.DON'T DO IT. If you have done your jobproperly there is no need for it.

12. Cross-Examination: To familiari.',' yourselfwith courtroom procedure, attend a num­ber lJf trials. This will also help you under­stand the atmosphere of the court, and giveyou a chance to observe the tactics ofdefense attorneys. It· is the duty (to hisclient) of the defense attorney to questionyou on your story. Generally the defenseattorney will try to demonstrate that awitness could not have recorded the eventswhich he claims to have seen. Defenseattorneys will try to work on a witnes~,

get him excited and confused, then poundaway at any discrepancy in his story.Remember that usually their only chanceof beating the case is to discredit the wit­ness.

When you are undergoing cross-examina­tion, be responsive to all questions, but nomore. Don't be talkative. Do not be evasive.If questions can be answered "yes" or "no"give that answer. "I believe so," and "fthink not" are not proper answers. Re­member, the less you say the less you canbe cross-examined.

Many officers make too great an effort toappear alert. They may even answer ques­tions before the que tioner has finisheda!:king the question. Agiiin, don't do it. Analert appearance is readil y secured just bynot slouching in the witness chair, and byanswering the question in a normal toneof voice. Take an adequate amount of tllneto understand the question before an­swering it. A short question not appearingto be of great importance may seem torequire an immediate answer. But, such aquestion on cross-examination may bewhat is called a "zinger," or in otherwords, a question to trap you. II the question isn't clear then ask that it be repeated.If the answer is not known, admit it freelyby stating "I do not know," or "I can'tremember," or, "I didn't see that." Ifpossible add the reason for not knowingor· remembering. Above all, don't becomeexcited or panic if you don't know theanswer to a question.

In summary, the object of cross-examina­tion is to test the witn~!:;$':

a. Opportunity for observationb. Attentiveness in observingc. Train of recollectionsd. Disposition to speak the truth

Th& witness who can withstand a ruggedcross·examination without altering his ba!:ictestimony is a good witness.

13. Expert Testimony: There are many sub­jects for which expert testimony is notrequired. However, when possible it isadvisable to have a veterinarian testify incases involving animals. A veterinarian'stestimony will be admitted as that of anexpert, and as being unbiased. Th~ sup­porting testimony of an expert will usuallyhelp your case. Some courts will pay forcosts of an expert whill~ he is testifying.

Sometimes a humane officer is presentedas an expert. The defense iittorney mayask you if you are an expert. Be very sureyou qualify in background knowledge andtraininy before you assume the role of anexpert and then deal only with mattersyou are qualified to jlJdge - do not getir'volved in matters of medical treatment,nutrition or the like unless you have adegree in such studies to back you up.

. 10 .

....The judge or jury is expected to decide thecase on the basis of the facts presentedduring the course of the trial. It has noother basis for a decision. Justice is de·pendent upon the presentation of all thefacts. The absence of some of the factsmay result in the drawing of unfoundedconclusion>. No court is willing to judge adefendant guilty unless completely con­vinced that the accused is guilty beyondall reasonable doubt. It will be up to you,the investigator, to f,upply all the fact,;necessary to win the case once you havedecided to prosecute.

SUMMARY

In summary, remember the foilowing points:

1. Know your laws.2. Obtain official appointment.3. Receive proper training (this includes

training in the animal care field).4. Remember the essentials of investigation ­

Who? What? When? Where? How?5. Gain the cooperation of the prosecutor and

other enforcement agencies.6. Keep the co") ,plainnnt informed of your

progress.7. Remember to lat education is better than

prosecution

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