4.6.7 Exigent Circumstances
First responders to reports of animal cruelty, or criminal activity in general, may find themselves faced with an animal in need of emergency veterinary care without which death is imminent. You must invest the time to understand from the prosecutors in your jurisdiction what actions you can take to aid the animal in that moment, as well as preserve evidence of the crime of animal cruelty (see Chapter 9 for additional nuances of the emergency aid and exigency exceptions [Figure 4.4] to the warrant requirement). Again, if you are acting as a representative of any state agency, it is your duty to understand what your state law permits in these emergency situations.
Figure 4.4 Understand what the laws in your state specify about providing emergency aid to an animal in critical condition, such as this downed horse.
Source: Oregon Humane Society.
4.6.8 Cross‐Reporting and Other Vulnerable Individuals
Animal cruelty investigations frequently uncover evidence of other crimes or human health and welfare concerns. Children, family members, partners, and the elderly can be victims of abuse in much the same way animals are. Children, disabled individuals, and the elderly are all particularly vulnerable to neglect, if they depend on others for their daily care and support.
You may be mandated by law to report concerns for human welfare to the appropriate agencies, and even if you are not a mandatory reporter, it is prudent to contact human welfare agencies anytime you are aware of the potential for human neglect or abuse, during the course of your animal investigation. Make a list of all appropriate health and human welfare agencies in your response area, as well as code enforcement, fire marshals, and any other agencies that can respond to these types of concerns so you will be able to contact them without delay.
5 Witness and Subject Interviewing
Linda Fielder
A thoughtful and thorough interview provides valuable information to support an animal cruelty investigation. The subject of the interview may be a witness or a suspect. Law enforcement and animal control officers are the most common interviewers; however, veterinarians, veterinary staff, and animal shelter employees may find themselves conducting interviews when animal cruelty cases present themselves in their clinic or shelter. An investigator or veterinarian who asks thoughtful and open‐ended questions, understands the importance of building rapport with the subject, and conducts the interview in a respectful and ethical manner will gain useful insight into the facts of the case.
The interviewer bears the responsibility of asking questions that are direct, specific, and easily understood. They must listen to, understand, and ask for clarity when the need arises. A great interviewer is adept at formulating follow‐up questions that encourage the subject to elaborate and offer additional details. A useful subject interview serves as a roadmap for an investigation. By following up on information provided by the subject, the investigator gathers the building blocks of the case which will support or refute the evidence of the crime.
5.1 Preparation for the Interview
The more prepared and organized you are going into an interview, the better the case will be served by the information you gain. Start by taking the time to review the information you have available to you prior to meeting with the subject. This may be the initial report, veterinary records, social media posts, other interview notes, or transcripts. Reviewing everything available will give you the opportunity to formulate questions that will allow the subject to fill in the blanks and provide direction for further investigation or next steps. Look for elements of the crime that will need to be proven, statements that demonstrate motive, and references to evidence that is missing or does not add up.
5.2 Interview Location and Setting
Be thoughtful when selecting an interview time and location. Is this interview best conducted in person or by phone? In‐person interviews are usually preferred, but if timelines and schedules preclude such a meeting then a phone interview is better than none. When conducting a phone interview, always make sure to ask questions that will verify the identity of the person you are speaking to – note accents, word choices, and other distinguishing verbal characteristics to help you recognize that you are actually speaking to the subject and not someone else. Note the ways you verified the subject's identity in your report so the interview is accepted as valid.
Make sure the subject is able to speak to you without distractions. Interviewing a subject at their workplace may make them self‐conscious or may not allow them to fully focus on your interaction, due to noise and interruptions. The same may be true in a household where there are many family members present. Depending on their involvement in the case, a subject may feel nervous about meeting at a law enforcement agency and might be less likely to cooperate fully with the interview in this setting. The location of the interview should never create an environment where the subject might feel trapped or detained.1 With all these factors in mind, determine a meeting place where the subject can speak freely, without fear of being overheard, and without distractions.
You should also be certain that you, the interviewer, will not be interrupted by phone calls, coworkers, radio transmissions, or other distractions during the interview. Take steps to eliminate these possibilities to the extent possible in advance of the interview.
Many interviews are conducted in the moment during a site visit, when responding to a report of potential abuse or neglect. In these settings you may be able to inspect the animal(s), their surroundings, and other elements that will provide evidence in your case. Specific questions and recommendations for these types of interviews are contained in Chapter 4 as well as in Appendix A.
5.3 Miranda and Consent
When a suspect is interviewed by law enforcement or other agent of the state in a custodial setting, the Fifth and Fourteenth Amendments of the Constitution afford them due process rights (privilege against self‐incrimination, right to counsel) [1]. The Supreme Court of the United States has found that, prior to questioning a suspect in that setting, you must provide them with warnings of their constitutional rights [2]. If you are a law enforcement officer, you have been trained on Miranda warnings and the circumstances in which they should be given, but a court could decide to hold any individual acting as an agent of the state to the same standard. Miranda warnings must be given in order to question a suspect in a custodial setting [2]. Whether a setting is considered “custodial” is determined by an assessment of all the circumstances, such as the location, the duration, the statements made, or physical restraint [3–5]. A court will evaluate whether a reasonable person in those circumstances would have felt free to leave [6].
Similarly, if the suspect makes a confession, a judge will evaluate the circumstances of that confession to determine if it was voluntary and admissible. A confession is
