Animal Cruelty Investigations. Группа авторов

       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 defined as “any confession of guilt of any criminal offense or any self‐incriminating statement made or given orally or in writing” [7]. The court can look at factors, such as the timing of the confession in the context of the arrest or arraignment, or whether the suspect knew the nature of the offense, or whether the suspect had been advised of their right to an attorney and did they have an attorney present [8].

      If a suspect chooses to waive their rights and decides to respond to your questions without an attorney present, they can also choose to reassert them at any time during the interview. A suspect has the right to remain silent and not answer any questions. A suspect is also constitutionally protected when they decide to answer some questions but invoke their right to remain silent on other questions [9].

      A suspect has a right to an attorney and the minute they request an attorney all questioning must cease. Although the suspect “must unambiguously request counsel,” [10] such “that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney” [10], there is no set terminology for this request. Statements such as “I think I should get a lawyer” and “[m]aybe I should talk to a lawyer” have been upheld as invocations of a suspect's right to counsel [11, 12]. If you improperly continue to question a suspect after they have requested an attorney, that part of your interview will be inadmissible as evidence. Be aware of your surroundings and the statements made by the person you are questioning at all times as they will be scrutinized later in court.

5.4 Building Rapport

      There is a wealth of training materials and research available around the importance of building rapport with an interview subject. Studies have determined that particular verbal techniques as well as reading body language and “mimicry” are helpful in establishing trust, which in turn invites the subject to speak more openly, producing an interview product that is more accurate, detailed, and helpful to the investigation [13, 14].

      Many individuals will be nervous and anxious at the prospect of being interviewed, regardless of whether they are a suspect or a witness. You can mitigate this through your demeanor and by beginning the interview with some deliberate conversation, aimed at putting the subject at ease.

      The interviewer should invest time into building a rapport that may alleviate some of the subject's anxiety. It may be tempting to start with “small talk” about the weather or the local sports team, and while this may do some good, really trying to relate to the subject through a sincere mutual connection will produce more meaningful results [15].

      Interviews are heavy with questions. Establishing a connection is a time for you, the interviewer, to humanize yourself to the subject by telling them something about yourself, ideally something