Investigation of Animal Cruelty and Enforcement

Animal cruelty is a complex and serious crime. Law enforcement agencies are ultimately responsible for the investigation and collection of evidence for violation of these laws. Animal cruelty not only harms animals but has also been closely linked to human violence such as domestic abuse, child abuse, elder abuse, fraud, arson, illegal drugs, and other serious crimes.

Minnesota Statutes Chapter 343 addresses the prevention of cruelty to animals, including the charging statutes, penalties, investigation of cruelty complaints, animal seizure procedures, and the proper care or disposal of animals. 

The Minnesota Chiefs of Police Association (MCPA) recently collaborated with a team of animal and justice experts — including Animal Folks (a nonprofit organization), police chiefs, officers, deputies, prosecutors, a retired judge, animal control officers, and animal law researchers — to develop a model policy for Minnesota law enforcement agencies. 

This policy provides the basics of Minnesota Statutes Chapter 343 along with a description of the investigation procedures and evidence processing unique to animal cruelty. A better understanding of these details can lead to improved investigations and convictions, and can also be used for a new department policy or added to any existing policy. 

In an effort to provide clarity, promote accountability, and build safer communities, Animal Folks has granted full permission for agencies to use the model policy for your police department. This model policy can be accessed here, and all Minnesota law enforcement agencies are encouraged to consider adopting this model policy (or a similar policy), as officers have the duty to investigate any alleged violations of the Minnesota animal cruelty laws. 

Questions about this policy can be directed to Ann Olson with Animal Folks at (651) 222-2821 or ann@animalfolks.org. Additional resource materials for law enforcement about animal cruelty, animal law, and investigative procedures can be found at www.animalfolksmn.org. 

You may also contact me at tstille@lmc.org or give me a call at (651) 215-4051.

Remember:  Responder Safety = Public Safety

Up next: Use of Personal Vehicles for Public Safety and Emergency Lighting

In the meantime, stay safe and be careful -
Tracy

Body-Worn Camera Audits

As body-worn camera technology rapidly spreads across the nation, many public safety agencies in Minnesota have embraced this fairly new technology. Body-worn cameras are a great tool to enhance transparency with their communities and gather evidence at crime scenes and during citizen encounters. 

Along with this new technology, some agencies are now struggling with the costs involved in storing the data, replacing outdated equipment, and meeting the statutory-required biennial audits. Minnesota Statute 13.825 addresses these portable recording systems — requiring the agency to have an independent audit of the data every two years to determine whether data collected was appropriately classified, how the data are used, whether the data are destroyed as required, that only authorized personnel have access to the data, and whether the data is being shared properly with other agencies. 

Upon the completion of the audit, the results must be shared with their local governing bodies (city councils, etc.), who review whether the agency is in compliance with this statute [MN statute 13.05, Subd. 5 (data protection), and MN statute 13.055 (breach in security)] and take the necessary action for noncompliance. The results must also be provided to the Legislative Commission on Data Practices and Personal Data Privacy no later than 60 days following the completion of the audit. 

The League of Minnesota Cities has posted a “Use of Body-Worn Cameras” informational memo and a model body-worn camera policy that provide significant guidance on the use of body-worn cameras and the resulting data to help cities administer their body-worn camera programs in accordance with law. As a reminder, an agency must develop a written policy and post the written policy on the agency’s website, if the agency has a website (MN Statute 626.8473). 

I have seen various vendors contracted to complete these independent audits for our League of Minnesota Cities Insurance Trust members. To obtain a list of these vendors, feel free to email me at tstille@lmc.org or give me a call at (651) 215-4051.

Remember: Responder Safety = Public Safety

Up next: Animal Cruelty and Enforcement

In the meantime, stay safe and be careful –
Tracy