ASPCA Humane Law Enforcement Division

The ASPCA Humane Law Enforcement Division (colloquially, "ASPCA Law Enforcement") was the law enforcement arm of the American Society for the Prevention of Cruelty to Animals (ASPCA) from 1866 until 2013, when the law enforcement division was disbanded. The agency enforced humane laws, and investigated cases of animal cruelty.

ASPCA Humane Law Enforcement Division ( DISBANDED IN 2013 )
Common nameASPCA Law Enforcement
Agency overview
Formed1866
Dissolved2013
Jurisdictional structure
Operations jurisdictionNew York, New York, USA
Size1,214.4 km²
Population8,274,527
Legal jurisdictionNew York
General nature
Operational structure
Agents20
Parent agencyAmerican Society for the Prevention of Cruelty to Animals
Website
www.aspca.org

Agency history

The American Society for the Prevention of Cruelty to Animals (ASPCA) was incorporated in 1866 by a special state legislation to prevent animal cruelty through various programs including animal adoption services, animal education programs and an armed law enforcement division.[1]

The Humane Law Enforcement Division was a branch of the ASPCA staffed by 20 armed New York State peace officers who responded to reports of animal cruelty in marked ASPCA patrol cars in the New York City area as well as perform undercover operations. The officers were empowered through NYS Criminal Procedure Law and NY Agriculture and Markets laws to investigate allegations of animal abuse, seize animals being abused, and make arrests for the prosecution for animal cruelty.

In 2000, the ASPCA Humane Law Enforcement Division received 33,000 calls for service which resulted in 55 arrests, 30 summonses being issued, and 537 animal seizures.

Disbandment of the Law Enforcement Division

In December 2013, the president of the ASPCA stated that the Law Enforcement Division would be disbanding and the enforcement of humane laws and response to calls for animal abuse and cruelty would become the responsibility of the NYPD. By early January 2014, half of the officers of the division had been terminated. The reason given for disbanding was that the NYPD was better equipped and had more manpower to handle enforcement of humane laws and to respond to calls for animal abuse/cruelty. Response to the disbanding has been mixed, with some saying the NYPD can do a better job, while others say the NYPD has other, higher-priority situations to handle and the response to animal abuse and cruelty will be slow.[2]

Power and authority of ASPCA Law Enforcement Officers
  • ASPCA Law Enforcement officers are New York State peace officers under NYS Criminal Procedure Law 2.10[3] and may make arrests, use physical and deadly force, make car stops, issue summonses, and may carry a firearm, baton, pepper spray, and handcuffs.
  • ASPCA Law Enforcement officers may seize any stray or abandoned animal on public streets in accordance with N.Y. Agriculture & Market laws Section 373 subsection 1.[4]
  • ASPCA Law Enforcement officers may lawfully seize any animal on private property that has been kept for more than 12 hours in an unhealthy, dangerous or unsanitary condition in accordance with NY Agriculture and Markets Law Section 373 subsection 2 provided a complaint has been filed.[5]
  • ASPCA Law Enforcement officers with a court order may make regular visits to any residence or establishment where an animal is being kept to check to see if the animal is receiving necessary food, water and care according to N.Y. Agriculture & Market law Section 373 subsection 7.[5]
  • NYS Agriculture and Markets Law Section 371 permits an ASPCA Law Enforcement officer to "interfere to prevent the perpetration of any act of cruelty upon any animal" in the presence of the ASPCA officer.[5]

Crime scene investigation

In 2007, the ASPCA created an animal cruelty crime scene investigation unit. The CSI unit uses a Ford E-450 vehicle equipped with a surgery area for injured animals, evidence processing, documentation, and storage equipment. The van is staffed with a forensic veterinarian to help document evidence to aid in the prosecution of perpetrators. Although the vehicle is used primarily in New York City, it can be deployed to any area of the United States at the request of a law enforcement agency. The Crime Scene Investigation unit was not affected by the disbandment of the Law Enforcement Division and remains active.[6]

Law enforcement training

ASPCA Humane Law Enforcement officers received peace officer training in addition to investigator training and firearms training. In 1999, ASPCA Humane Law Enforcement recruits began attending a specialized investigator training course through the New York City Police academy.

Equipment

ASPCA Humane Law Enforcement officers were equipped with either a Glock 19 9mm or a Smith & Wesson 5906 9mm handgun, pepper spray, ASP baton, and handcuffs.

Their squad cars were primarily Ford Crown Victoria Police Interceptors, in addition to vans, and SUVs.[7]

They carried poles and cages for seizures and catches.

Rank structure and title

There were five titles (referred to as ranks) in the ASPCA Humane Law Enforcement Division:

  • Assistant Director of Law Enforcement
  • Executive Officer
  • Supervisory Special Investigator
  • Special Investigator
  • Special Agent

Fallen officers

One former ASPCA Humane Law Enforcement officer is known to have died in the line of duty. The death occurred after the disbandment of the agency and was due to a duty related illness rather than a direct result of carrying out the duties of the position. [8]

Officer Date of death Details
Diane DiGiacomo
Friday, November 20, 2015
 9/11 related illness

See also

References
  1. "ASPCA". ASPCA. Retrieved January 6, 2018.
  2. "ASPCA Closes Storied Enforcement Unit in NYC". ABCNews.go.com. Retrieved January 6, 2018.
  3. "Article 2 - Criminal Procedure Law - Peace Officers". YPDCrime.com. Retrieved January 6, 2018.
  4. State Anti-Cruelty Investigatory-Arrest Powers Archived November 22, 2008, at the Wayback Machine
  5. State Anti-Cruelty Investigatory-Arrest Powers Archived November 22, 2008, at the Wayback Machine
  7. "ASPCA Humane Law Enforcement Car in Central Park, New York City". Flickr.com. Retrieved January 6, 2018.
  8. "American Society for the Prevention of Cruelty to Animals Humane Law Enforcement, NY". The Officer Down Memorial Page (ODMP). Retrieved January 6, 2018.
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