How to Investigate Animal Cruelty in NY State - A Manual of Procedures

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Table of Contents
Introduction
1. Be Prepared Ahead of Time
Local Resources
District Attorney's Office
Expert Witnesses
Photographic Evidence
Key Concepts: Exigent Circumstances and Plain View Doctrine
Search Warrant Procedure
2. Receiving an Animal Cruelty Complaint

3. Investigating an Animal Cruelty Complaint

Non-exigent Circumstances
Exigent Circumstances
Abandonment
Animals - Unable to Remove Easily (Large Numbers of Animals/Large Animals)
Some Common Excuses You Will Hear
4. Common Complaints
Neglected Pets
Lack of Shelter
Lack of Food and Shelter
Starving Mother and Puppies
Starving Dog
Multiple Animals
Starving Animals in Apartment
Neglected Large Animals
Starving Horses
Starving Horses Running Loose
Transporting animals in a cruel manner
Animal in Hot Car
Physical Abuse
Abandoned Animals
Animal Abandoned in Apartment
Animal Abandoned in Rented House
Animal Abandoned in Owned Trailer
Abandoned Animals: Inside and Outside
5. Special Cases
Animal Collector
Animal Collector
Animal Collector: Extremely Large Number of Animals
Dog Fighting
Unorganized Dog Fighting (Street Fighting)
Training Dogs for Fighting
Cock Fighting
Animal Crimes Related to Satanic and other Cults
Irresponsible Breeders/Puppy Mills
Pet Store Complaints
6. Animal Care Standards for Some Common Animals
Dogs; Cats; Horses; Cattle; Sheep; Goats; Pigs; Rabbits
Birds (parakeets, canaries, parrots, etc.)
Chickens/ Ducks/ Geese
Gerbils/ Guinea Pigs/ Hamsters/ Mice/ Rats

7. Various NYS Laws Dealing With Animals

New York State Laws Page Reference
New York State Agriculture & Markets Law
Article 7: Licensing, Identification, and Control of Dogs
Article 25-B: Abandoned Animals
Article 26: Animals (Cruelty to Animals)
Article 26-A: Care of Animals by Pet Dealer
Environmental Conservation Law
Article 11: Fish and Wildlife
Article 11: Fish and Wildlife - Trapping
New York Code of Rules and Regulations
General Business Law
Article 35-B: Sale of Dogs and Cats
New York State Penal Law
Article 130: Sex Offenses
Article 180: Bribery Not Involving Public Servants and Related Offenses
Article 195: Official Misconduct and Obstruction of Public Servants Generally
Vehicle and Traffic Law
Article 22 - Accidents
Article 26 - Right of Way
Regulations Relating to Movement and Transfer of Horses and Other Equidae
USDA Law and Animal Cruelty

Appendix I: Selected Case Law - Related to Animals

Mudge v. State - probable cause for arrest
People v. Arcidicono - deprivation of sustenance
People v. Bunt - constitutionality of Section 353
People v. Koogan - torture
People v. O'Rourke - overdriving
Chenango County Humane Society v. Percy A. Polmatier - impounded animal
Chernik v. Department of Health of the City of New York - constructive abandonment
Hampton Animal Shelter v. American Society for the Prevention of Cruelty to Animals - constructive abandonment

Appendix II:Animal Shelters & Humane Agencies in New York State

Appendix III:Resource Agencies

Appendix IV:Forms & Supplies List

Veterinarian's Statement Animal Evaluation Form
Agreement Between Lead Organization and Assisting Organization Providing for Care of Animals Seized as Evidence in a Cruelty Case
Agreement for Surrendering Animals to Humane Society
Agreement for Authorizing Euthanasia
Equipment and Supplies List for Animal Rescue Operations

Appendix V:Fact Sheets & Handouts

HSUS Rabies Fact Sheet
How to Avoid Getting Bitten by a Dog
What You Don´t Know About Outside Dogs..
Forlorn ­ Forgotten
Keep Cats Indoors!
A Quick Guide to Rabbit Care..
Horse Care Information
The Realities of Backyard Horse Abuse
Adopting An Abused Animal - What You Should Know

Appenix VI:Articles

Fact Sheet: Animal Collectors
Handling Animal Collectors, Part1: Interventions That Work
Handling Animal Collectors, Part 2: Managing A Large-Scale Animal Rescue Operation
Cruelty to Animals and Human Violence
The Tangled Web of Animal Abuse: The Links between Cruelty to Animals and Human Violence
Children and Animals: A Clinician´s View
Abuse An Animal - Go to Jail

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