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Swanson, Criminal Investigation 8/e
Criminal Investigation, 8/e
Charles R. Swanson, University of Georgia
Neil C. Chamelin, Assistant State Attorney, Second Judicial Circuit
Leonard Territo, University of South Florida- Tampa

Agriculture, Wildlife, and Environmental Crimes

Chapter Outline

I. AGRICULTURAL CRIME AND ITS CITY CONNECTION

A. Estimates of the economic impact of rural and agricultural crime are as high as $5 billion annually.

B. There is also evidence that urban-based criminals and criminal groups are involved as both planners and perpetrators of crimes in rural areas and on farms.

C. Another direct connection between rural crime and city dwellers results from the changing composition of labor used by farmers.

II. DIMENSIONS OF AGRICULTURAL, WILDLIFE, AND ENVIRONMENTAL CRIMES (See Slide 17-2)

A. Ranchers, farmers, and others living in rural places are often the victims of thefts.

B. Nationally, rustlers steal about 20,000 cattle worth $12.1 million.

C. Our national parklands are also victimized by plant poachers.

D. It must be observed that person who live in rural areas and on farms, groves, vineyards, and ranches not only are crime victims but are themselves occasional offenders.

III. TIMBER THEFT (See Slides 17-3 and 17-4)

A. The U.S. Forest Service concedes that it doesn’t know how much timer is stolen from national forests but say that the value may be as much as $100 million worth annually and the theft may amount to about 1 in every 10 trees cut down.

B. Private and public lands are being invaded by stealthy fossil hunters, who are also describes as bone rustlers. The loot the land of fossils; a complete dinosaur skeleton may command as much as a $500,000 price.

C. Investigations into the illegal cutting of timber involve a full range of investigative techniques.

IV. THEFT OF AGRICHEMICALS (See Slides 17-5 and 17-6)

A. Although the theft of agrichemicals is a multimillion-dollar-per-year problem nationally, the exact type of agrichemical taken varies by geographic region, depending on what the predominant crop is.

B. Distributors in particular have been vulnerable to the hijacking of trucks carrying agrichemicals, with resulting losses of $200,000 or more per incident.

C. To be effective in the investigation of agrichemical thefts, the investigator must become familiar with the legal supply channels and the principal agrichemicals that are used in his or her region.

D. Finally, because of their precarious economic situation, some farmers will engage in the theft of agrichemicals or will readily purchase such commodities at "bargain prices."

V. LIVESTOCK AND TACK THEFT (See Slide 17-7)

A. Cattle Rustling

The majority of thefts are committed by one or two people who take the animal for their own use.

B. Horse Rustling

More than 50,000 horses are stolen each year as compared to about 20,000 cattle. About 60 percent of the stolen horses end up in slaughter plants, where they are processed and sold as meat for human consumption in Europe and Japan.

C. Tack Theft

Simply stated, tack is equipment that is used with horses; the most common items are saddles, bridles, and horse blankets.

VI. LIVESTOCK IDENTIFICATION (See Slides 17-8, 17-9, 17-10, 17-11 and 17-12)

In any livestock theft case one key to a successful prosecution is the positive identification of a specific animal as belonging to a particular owner.

A. Hot-Iron Branding

Hot-iron branding is a method of identification that has been used in this country for nearly 400 years.

B. Ear Tags and Injectable Identification

In early applications, ear tags were metal or plastic, but in a number of cases they were simply lost while in use. Bar-code ear tags for cattle were an advancement for herd management because of the additional data that could be recorded. More recently, the National Farm Animal Identification and Records (FAIR) program developed electronic ear tags, which provide even greater information about each animal and better animal tracking.

C. Freeze Branding

Special freeze-branding irons are chilled using dry ice or liquid nitrogen and then applied to the hide.

D. Earmarks

Earmarks are often used in conjunction with branding because in some states earmarks alone are not legally sufficient to establish identification.

F. DNA Profiles

DNA profiles of expensive horses and bulls are common as a theft deterrent, required by some breed associations, and mandated by some insurance companies to prevent insurance scams.

VII. PHYSICAL EVIDENCE

A. The process of a crime scene where an agriculture-related theft has occurred is in many respects no different from the processing of any other crime scene.

B. The types of evidence discussed in Chapter 3, Physical Evidence, can often be readily found and will be of great value to law enforcement officers in the investigation of agricultural crimes.

VIII. CRIME PREVENTION MEASURES (See Slides 17-13)

A. Information about how to prevent rural and agricultural crimes can be obtained from a variety of sources, including sheriff’s departments, county police, state investigative agencies, state departments of agriculture, county extension agents, and various associations.

B. Although some techniques developed in urban areas can be readily applied to the farm, others would create costs disproportionate to the benefits that could reasonably be expected to accrue to the rancher or farmer.

IX. WILDLIFE CRIMES (See Slides 17-14, 17-15 and 17-16)

A. Major Threats to Wildlife

As urban areas continue their sprawl outward from the core city, more construction occurs, destroying habitats. The accidental release of chemicals, illegal dumping, land erosion, and oil spills produce the same effect. The illegal taking or possession of game, fish, and other wildlife-poaching is the major threat.

B. Poachers and Poaching

Poachers can be categorized into two types: situational poachers and professional poachers.

C. Investigations

Wildlife officers generally spend only about 20 percent of their time in law enforcement activities.

1. Information. Information is an essential commodity in combating poachers. In some states, 80 percent of all poacher arrests come from leads from citizens.

2. Uniformed Patrol. Uniformed wildlife officers patrol in boats and cars to see if game is being taken out of season or by illegal means.

3. Intensive Hunting Patrols. Wildlife officers also employ intensive hunting patrols, especially during the opening weekends for various types of game such as pheasant, wild turkey, waterfowl, grouse, and deer.

4. Vehicle Check Stops. Vehicle check stops are strategically set up on carefully selected roads to check vehicles for bag limits, unplugged shotguns, and licenses.

5. Fishing Patrols. Fishing patrols check to see that no protected or endangered fish, eels, crabs, lobsters, or other aquatic life forms are being taken, that takable acquatic species are taken only by legal means during the proper seasons and times of day, that legal limits are being respected, and that the proper licenses have been obtained.

6. Resident License verifications. In a common wildlife violation, nonresidents of a state claim residency so that they can be issued less expensive hunting or fishing licenses.

7. Covert Investigations. These are usually more complex investigations that involved undercover work or sting operations.

X. ENVIRONMENTAL CRIME (See Slides 17-17, 17-18, 17-19, 17-20 and 17-21)

A. The Legal and Enforcement Framework

There are roughly 18 major federal environmental laws that form the basis for Environmental Protection Agency (EPA) programs. From this maze of laws three patterns of enforcement emerge.

1. Acts over which only the federal government has jurisdiction.

2. Acts for which there is concurrent federal and state jurisdiction.

3. Acts for which there is unique state and/or local jurisdiction.

B. Provisions of State RCRA Laws

Many states have enacted laws that are very similar to the federal RCRA. Among the common provisions of these laws are:

1. Identification and listing of hazardous wastes.

2. Establishment of permit and license systems regarding various types of hazardous waste, including their treatment, storage, and disposal.

3. Manifest of shipping-paper system that tracks hazardous waste from its cradle to its grave.

4. Identification of the responsibilities of the generators and transporters of hazardous waste.

5. Requirements for hazardous-waste management facilities, such as proof of financial reliability.

6. Designation of enforcement authority and criminal penalties.

C. Investigative Methods

Patrolling officers should be alert for signs that indicate the possibility or presence of illegal dumping of hazardous waste.

1. Officers should approach suspected hazardous-waste spills and toxic-waste sites with the wind at their backs and from the highest ground reasonably available.

2. Leads on illegal hazardous-waste sites may be offered by disgruntled or former employees occasionally by a current employee.

3. Surveillance is an excellent tool for gathering information, as it can establish illegal practices and the person involved with them.

4. For most environmental crimes, it is necessary to form a team to conduct the investigation.