Wednesday, September 06, 2006

Who can Investigate and Who can make an Arrest

The following information was provided by the ASPCA:

New Jersey

Links-
Statutes of New Jersey

Authority to Investigate Cruelty**

Law enforcement officers: Yes
Humane Law enforcement officers: Yes
Agent of a society for the prevention of cruelty to animals: Yes

Authority to Make Arrests***

Law enforcement officers: Yes,
See N.J. Stat. Ann. §4:22-44(a) (2006)
Humane Law Enforcement officers: Yes,
See N.J. Stat. Ann. §4:22-44(a) (2006)
Agent of a society for the prevention of cruelty to animals: No, but may issue summons.
See N.J. Stat. Ann. §4:22-11.1 (2006).

Any humane law enforcement officer, or any sheriff, undersheriff, constable, certified animal control officer, or police officer may make arrests for violations of cruelty to animal laws, and may arrest without a warrant any person found violating the animal cruelty laws and take such person before the nearest judge or magistrate as provided in this article.
See N.J. Stat. Ann. §4:22-44 (2006). See also 4:22-44.

An agent for the society of the prevention of cruelty to animals is empowered to issue summons and direct humane law enforcement officers to make arrests and enforce all law and ordinances enacted for the protection of animals, and to investigate alleged acts of cruelty to animals. See
N.J. Stat. Ann. §4:22-11.1 (2006)

Humane Officer/Animal Control Officer/Investigator(Qualifications, Powers, Training, Badges/Certification/Firearms)Qualifications:- A Humane law enforcement officer is an agent authorized and appointed by the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of cruelty to animals, and duly commissioned by the Superintendent of State Police to possess, carry, or use a firearm while enforcing any law or ordinance for the protection of animals while on duty or on call, and who has satisfactorily completed the firearms training course approved by the police training commission and other training courses required.
See N.J. Stat. Ann. §4:22-11.1 (2006)

Powers:

A sheriff, undersheriff, constable, police officer, certified animal control officer or humane law enforcement officer of the New Jersey Society for the prevention of cruelty to animals or of a county society for the prevention of cruelty to animals, may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of animal fighting crimes is occurring, arrest without a warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found and all implements or appliances used or to be used in such exhibition.
See N.J. Stat. Ann. §4:22-47 (2006). See also 4:22-47.

All state, county, and municipal law enforcement agencies and all county and municipal health agencies shall, upon request, make every reasonable effort to assist the humane law enforcement officers and agents of a county society for the prevention of cruelty to animals or the New Jersey Society for the prevention of cruelty to animals in the enforcement of all laws and ordinances enacted for the protection of animals.
See N.J. Stat. Ann. §4:22-11.12 (2006).

Each county society for the prevention of cruelty to animals shall require that its humane law enforcement officers and agents satisfactorily complete training courses.
See N.J. Stat. Ann. §4:22-11.8 (2006).- The police training commission, in collaboration with the New Jersey society for the prevention of cruelty to animals, shall develop or approve a training course for animal protection law enforcement, which shall include instruction in:

- The law, procedures, and enforcement methods and techniques of investigation, arrest, and search and seizure, specifically in connection with violations of state and local animal cruelty laws and ordinances; - Information and procedures related to animals, including animal behavior traits and evaluation of animals at a crime scene;- Methods to identify and document animal abuse, neglect, and distress; and- Investigation of animal fighting.
See N.J. Stat. Ann. §4:22-11.11(a)(1)-(4) (2006)
- Every agent and Humane law enforcement officer appointed shall satisfactorily complete the animal protection law enforcement training course within one year after the date of the agent or officer’s appointment.
See N.J. Stat. Ann. §4:22-11.11(b) (2006).

Badges:- A county society for the prevention of cruelty to animals shall adopt a badge, which shall be the authority for making arrests and which shall be easily distinguishable from the badge adopted by the New Jersey society for the prevention of cruelty to animals. See N.J. Stat. Ann. §4:22-11.7 (2006) Yes,
See N. J. Stat. Ann. §4:22-44(a) (2006)
Prohibited ActionsNone listed

*Check with the local municipality for more specifics.**Law enforcement can arrest if anti-cruelty law exists.***Department of Police or local SPCA/Humane Society only unless noted

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