North Carolina

Links
- Statutes of North Carolina

Authority to Investigate Cruelty**
Law enforcement officer: Yes;
Animal Cruelty investigator: Yes

Authority to Make Arrests***
Law enforcement officers: Yes;
Animal Cruelty investigator: Not specified

Humane Officer/Animal Control Officer/Investigator
(Qualifications, Powers, Training, Badges/Certification/Firearms)
Powers:
- Whenever an animal is being cruelly treated, an animal cruelty investigator may file with a magistrate a sworn complaint requesting an order allowing the investigator to provide suitable care for and take immediate custody of the animal. See N.C. Gen. Stat. §19A-46(a) (2006)
- The animal cruelty investigator may request a law enforcement officer or animal control officer to accompany him to help him seize the animal.  See N.C. Gen. Stat. §19A-46(b) (2006)
- An investigator may forcibly enter any premises or vehicle when necessary to execute the order only if he reasonably believes that the premises or vehicle is unoccupied by any person and that the animal is on the premises or in the vehicle.  See N.C. Gen. Stat. §19A-46(b) (2006)   

Qualifications for Animal Cruelty Investigators:
- The board of county commissioners is authorized to appoint one or more animal cruelty investigators to serve without any compensation or other employee benefits in his county.  In making these appointments, the board may consider persons nominated by any society incorporated under North Carolina law for the prevention of cruelty to animals.  See N.C. Gen. Stat. §19A-45(a) (2006)
- Animal cruelty investigators shall serve a one year term subject to removal for cause by the board of county commissioners.  See N.C. Gen. Stat. §19A-45(b) (2006)
- Animal cruelty investigators shall take and subscribe the oath of office required of public officials.  See N.C. Gen. Stat. §19A-45(c) (2006)
- Each animal cruelty investigator at his own expense must attend annually a course of at least six hours instruction offered by the North Carolina Humane Federation or some other agency. See N.C. Gen. Stat. §19A-49 (2006)

Badge:
- Animal cruelty investigators shall, while in performance of their duties, wear in plain view a badge of a design approved by the board identifying them as animal cruelty investigators, and provided at no cost to the county.  See N.C. Gen. Stat. § 19A-45(b) (2006)
- Animal cruelty investigators shall take and subscribe the oath of office required of public officials.  See N.C. Gen. Stat. §19A-45(c) (2006)

Prohibited Actions
- An animal cruelty investigator cannot make forcible entry without the presence of a law enforcement officer. See N.C. Gen. Stat. §19A-46 (2006)

- For animal cruelty investigations, forcible entry cannot be used after daylight hours.  See N.C. Gen. Stat. §19A-46(b) (2006)

- An animal cruelty investigator cannot enter premises without giving notice of his identity and purpose.  See N.C. Gen. Stat. §19A-46(b) (2006)

- The animal control investigator cannot seize an animal without leaving a copy of the magistrate’s order and a written description of the animal, the place where the animal will be taken, the reason for taking the animal, and the investigator’s intent to file a complaint, with the owner or affixed to the premises. See N.C. Gen. Stat. §19A-46(c) (2006)

*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.