Appendix 4 Animal Seizure Memorandum of Law

• Library: Pet Law & Custody: Establishing a Worthy & Equitable Jurisprudence for the Evolving Family (ABA) (2017 Ed.)

Appendix 4 Animal Seizure Memorandum of Law

For decades, those familiar with animal cruelty and abuse proceedings were aware that while defendants were afforded their constitutional due process rights, the needs of their seized companion animals were often unmet and costly. Seized animals, spared from euthanasia, languished in limbo while their treating veterinarians were uncertain of what quality of services to provide.¹

In recent years, lawyers in several states, concerned about the plight of these animals, crafted and developed very traditional legal arguments to help re-home them. Retired Pepper Hamilton attorney, J. Gregg Miller, was one lawyer who rolled up his sleeves. He was kind to provide a current and redacted exemplar of his work below.

MEMORANDUM OF LAW IN SUPPORT OF THE PETITION OF THE PENNSYLVANIA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS ("PSPCA") TO ESTABLISH THE PSPCA'S OWNERSHIP OF CERTAIN ANIMALS THAT HAVE BEEN SUBJECTED

TO ANIMAL CRUELTY AND HAVE BEEN ABANDONED

The Petitioner herein, The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA"), by and through its attorneys, J. Gregg Miller, Esquire, Jessica A. Rickabaugh, Esquire, and Kristopher Berr, Esquire, hereby files the within Memorandum of Law in Support of the Petition of The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA") to Establish the PSPCA's Ownership of Certain Animals that have been Subjected to Animal Cruelty and have been Abandoned.

STATEMENT OF FACTS

Petitioner, The Pennsylvania Society for the Prevention of Cruelty to Animals ("PSPCA"), is a Pennsylvania non-profit corporation whose headquarters are located at 350 East Erie Avenue, Philadelphia, Pennsylvania 19134.

The PSPCA is organized, in part, to receive and investigate criminal complaints of animal cruelty, abuse, neglect or abandonment, and to prosecute suspects under the Animal Cruelty Law, 18 Pa. C.S.A. §5511.

The Humane Society Police Officers ("HSPOs") maintained by the PSPCA are empowered to enforce the Animal Cruelty Law, 18 Pa. C.S.A. §5511, by virtue of statutory authority conferred upon said Society's officers upon the satisfaction of various criteria, 22 Pa. C.S. §§ 3704, 3705 and 18 Pa. C.S.A. §5511(i):

POWER TO INITIATE CRIMINAL PROCEEDINGS. An agent of any society or association for the prevention of cruelty to animals, incorporated under the laws of the Commonwealth, shall have the same powers to initiate criminal proceedings provided for police officers by the Pennsylvania Rules of Criminal Procedure.

The HSPOs are also authorized by the Dog Law, 3 P.S. §459-102, to perform "Dog Control," which includes "apprehending, holding and disposing of stray or unwanted dogs." All nine (9) of the animals that are the subject of this Petition are dogs.

The HSPO involved in the investigation that is described in this Petition was authorized and commissioned within Philadelphia and was sworn in by the Court of Common Pleas of Philadelphia County.

The primary mission of the PSPCA with respect to animals in their possession is to safely house, feed, care for, treat, provide elective veterinary care (such as sterilization) and to adopt out to loving families such animals. The PSPCA also has the power to euthanize animals under certain circumstances, but the greatly preferred alternative is to adopt out the animals to loving families. To adopt out the animals, the PSPCA needs clear title and ownership of the animals that are the subject of this Petition, and termination of any right, title and interest that the respondent may have had in these animals.

During the past year, the PSPCA's Humane Society Police Officer investigated a complaint...