Alabama Animal Advocates

Enforcement of Animal Laws

ACO & LEO Authority

Law enforcement officer

The Historical Context

A half century ago, Alabama entrusted civilians with complete power to enforce the state’s anti-cruelty laws. Alabama Code § 3-1-13 (1961) authorized humane society staff to seize neglected or abused animals from their owners, while Alabama Code § 3-1-16 (1911) allowed agents of county commissions to “be vested with all powers now vested by law in deputy sheriffs” upon taking an oath.

Although both statutes remain in Alabama law books, one has been declared unconstitional and both were effectively abrogated by the 1971 requirement of APOSTC certification for the enforcement of state laws.

This limited power of civilians is a protection against unlawful search and seizure, as guaranteed by the United States Constitution and upheld by Supreme Court of Alabama in 1983’s Humane Soc. of Marshall County v. Adams, in which the Court concluded that Alabama Code § 3-1-13 “is unconstitutional on due process grounds.” Similarly, Alabama Code § 3-1-16 cannot legally grant law enforcement powers to civilians since such powers would in some cases overstep constitutional rights.

In the over 50 years since then, the majority of Alabama counties and municipalities have continued to employ civilian ACOs (that is, ACOs who are not APOSTC-certified), and the state has yet to establish an ACO-specific certification process. Thus, ACOs and local governments face a conundrum in which the ACOs who theoretically bear the responsibility for public safety and animal welfare lack the authority to enforce these protections.

Since ACOs cannot enforce independently, essential animal control duties rely on law enforcement officers, who may or may not be enthusiastic collaborators.

ACO & LEO Authority

Our conversations with ACOs and local government staff members suggests that most Alabama ACOs are civilians. That is, they are not certified by APOSTC and thus not authorized to enforce state laws.

Civilian ACOs may impound dogs found running at large, may speak to residents to address concerns,and may educate and assist pet owners in caring for their pets humanely such as with a safe tether line and appropriate shelter. In municipalities, civilian ACOs may issue summonses for violation of municipal ordinances. For example, the City of Arab’s ACO, who is not APOSTC-certified, can issue a court summons for violation of Arab’s dog confinement ordinance.

Although civilian ACOs can issue summonses for violation of municipal code, civilian ACOs may not write citations and cannot independently execute warrants (though they can utilize the Complaints protocol to ask that an arrest warrant be issued). Civilian ACOs may investigate cruelty but cannot charge citizens and cannot seize neglected or abused pets except while assisting a LEO.

When civilian ACOs overstep their authority, their actions can lead to legal issues such as violations of the Fourth Amendment. For example, Colbert Animal Services has been party to several lawsuits arguing that its director has “gone rouge, acting more as a deputy with arresting powers than an animal advocate,” as Margo Gray reported for WAFF in 2024. The validity of the severe cruelty conviction of Debra Jane Catledge was challenged due to the procurement of a search warrant by civilian ACO Charles Corey Speegle, since Alabama law allows only law enforcement officers and DAs to procure a search warrant.

Civilian ACOs must rely on LEOs for both legal backing and physical protection, such as to clear a property before the civilian ACO enters. Civilian ACOs have immunity only when collaborating with a sheriff’s office or police department. They are unarmed. Civilian ACOs’ ability to act is impeded when the law enforcement agencies they rely upon do not effectively collaborate, such as due to low prioritization of animal concerns.

Issuing a Summons vs. a Citation or Warrant

The terms summons, citation, and warrant are often used interchangeably, though they are not the same thing. As explained by Cullman County Attorney Brad Wilson and as can be verified in Alabama Code § 12-12-60, a citation is a form of arrest. Other than the unusual circumstance of citizen’s arrests, only LEOs have the authority to arrest, and they may do so only in the presence of probable cause. Similarly, only LEOs and court officials may order or execute warrants, and only with probable cause.

Thus, civilian ACOs (and also municipal code enforcement officers), who do not have arrest authority, can issue summonses, but cannot write citations. A summons does not require probable cause (see commentary on Rule 3.1). Summonses are commonly issued for suspected violations of municipal code in situations such as:

If probable cause has been found, Rule 3.1 of Alabama Rules of Criminal Procedure allows for either a summons or a warrant to be issued. (The document’s Committee Comments section offers an explanation of why a summons may be preferable to a warrant, and the circumstances under which a warrant may be issued.) See Rule 3.2 for details of what is included on a summons and warrant.

How Local Governments Have Responded

Some county and municipal governments escape this limitation by hiring APOSTC-certified officers to serve as ACOs, such as in Blount County, Mobile County, and many others, or by sponsoring the certification of ACOs, as is underway in Cullman County. These strategies offer the advantage of ACOs who have full law enforcement authority, though at a higher cost and with possible retention challenges since APOSTC certification opens up more job prospects.

In other counties, civilian ACOs continue to engage in law enforcement practices which overstep their authority and violate the constitutional rights of residents, resulting in federal lawsuits against Alabama county commissions, appeals, overturned convictions, and substantial cost.