1.5.5 Custodial
In the criminal context, when a person is in the custody of a state agency and cannot leave of their own free will. Custody can be defined as literal physical custody (i.e. in handcuffs or in prison) or constructive custody, which occurs when the circumstances of an interaction with a representative from a state agency are such that the individual does not feel they are free to leave.
1.5.6 Evidence
Statements, objects, or information that indicates an alleged fact is more likely or less likely to be true [8].
1.5.7 Interview
The questioning of a witness or a suspect in furtherance of an investigation.
1.5.8 Miranda
A series of warnings/rights that must be stated verbally and/or in writing to a person who is in the custody of an individual acting on behalf of the state or the federal government before the person is asked any questions about their involvement in a situation under criminal investigation [9].
1.5.9 Officer Safety
A term used to refer to the topics of policies, procedures, and trainings employed by law enforcement agencies in order to best protect their agents in the field from harm.
1.5.10 Probable Cause
There is information available to indicate that a crime more likely than not has occurred or is occurring.
1.5.11 Protective Custody
In the context of animal cruelty cases, the retention of a victim animal for inspection, preservation, and security from abuse, neglect, or danger during which chain of custody is maintained.
1.5.12 Public Information Officer (PIO)
A peace officer designated by a law enforcement agency to be the liaison between the department and representatives of the media.
1.5.13 Reasonable Suspicion
There is some reason beyond a “hunch” that creates the belief that a crime has or is occurring.
1.5.14 Reporting Party
A person who reports a concern about a situation to an entity with authority to act.
1.5.15 Risk Assessment
A standardized procedure in which law enforcement evaluates the risks associated with locations and individuals they are likely to encounter when pursuing a particular tactical move in an investigation. Routinely done prior to search warrant executions.
1.5.16 Search Warrant
An order from a judge that commands a peace officer to search a specified location and seize specific evidence of a particular crime(s).
1.5.17 Seizure
In the context of criminal cases, taking custody of an individual's property or the individual themselves, within the bounds and under the authority of a warrant.
1.5.18 Suspect
An individual who is believed to have committed a crime but against whom no criminal charges have been filed yet.
1.5.19 Third‐Party Owner
An individual, not the suspect, who has an ownership interest in an item of property.
1.5.20 Witness
An individual who has knowledge pertaining to or has personally experienced (with any one of their senses) anything relevant to a criminal investigation.
1.6 Terms and Phrases: Criminal Law
1.6.1 Alford Plea
A plea that maintains innocence but acknowledges that the prosecution could meet its burden of proof with the evidence available.
1.6.2 Arraignment
The proceeding in which charges are officially filed and the defendant enters a plea of guilty or not guilty.
1.6.3 Authentication
A process that seeks to admit items into evidence by proving they are true or genuine [10].
1.6.4 Brady Material
Any information or evidence that is favorable to the defendant. Nondisclosure by the prosecution is a violation of the defendant's constitutional rights [11].
1.6.5 Brief
A persuasive document written for submission to a judge or court about an issue in a case.
1.6.6 Charging Enhancement
Statutory provision that allows for more serious charges, when particular conditions are met, either by the defendant or by the circumstances of the crime. For example, in Nevada the crime of torturing a companion animal is a Class D felony but rises to a Class C felony if done to intimidate another person. In Idaho, the misdemeanor crime of torturing a companion animal rises to a felony if the perpetrator has a prior conviction involving voluntary infliction of bodily injury upon a human within 10 years [12, 13].
1.6.7 Charging Information
This is the document the prosecuting attorney files with the court to initiate criminal charges that are supported by probable cause.
1.6.8 Defendant
A criminal defendant is someone who has been charged with a crime.
1.6.9 Diversion
An arrangement that results in dismissal of the charges if a defendant complies with the terms of a plea agreement (see below) for a specified length of time without any violations.
1.6.10 Expert Witness
An expert witness is “[a] witness qualified by knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion about the evidence or a fact issue” [14]. A veterinarian will almost always be considered an expert witness. Expert witnesses are treated differently than other witnesses in a trial (see Chapter 16 on trials for more information).
1.6.11 Forfeiture
A legal divestment of property that is ordered by a court.
1.6.11.1 Preconviction Forfeiture
A legal proceeding that is utilized in animal cruelty cases to address the cost of caring for victim animals until a criminal trial takes place. Once a preconviction forfeiture petition is filed, a defendant animal owner has a certain amount of time to pay a bond amount that will be used to provide care for their animals while they await trial. If the defendant animal owner cannot pay the bond amount, then ownership