http://www.state.nj.us/sci/pdf/spca.pdf
Excerpt:
The Honorable Reginald Stanton, J.S.C., recognized, but refrained from ruling on, the issue of the constitutionality of the statutory scheme. His comments are compelling:
"The powers granted under the various statutes [regarding the enforcement of the animal cruelty laws, adoption of a common badge, making of arrests and carrying of weapons] are significant law enforcement powers. It is important to note that all of the members of the state society and the county societies are self-selected. They are simply private persons who are interested in protecting animals. They are not selected by the public. They are not subject to managerial control by any public. They are not subject to managerial control by any public officials. They are not subject to any publicly imposed training standards or discipline.
At an early stage in this litigation, it occurred to me that the broad grant of powers to the state society and to the county societies might involve an unconstitutional delegation of governmental powers to the private persons...
...Although I have serious misgivings about the wisdom of granting extensive law enforcement powers to private persons, there is, of course, a vital difference between what I might view as an unwise legislative policy and an unconstituional policy. Furthermore, the record in this action is particularly ill-suited for making a sound adjudication on the issue of possible unconstitutionality of the statutory scheme. I have decided to refrain from any ruling on constitutional issues in this case."
http://www.state.nj.us/sci/pdf/spca.pdf
Excerpt:
ARREST POWERS: The legislative provision governing arrests for violations of the animal cruelty laws is contained in N.J.S.A. 4:22-44. It empowers only the state society and not the county societies. Arrests may be made with a warrant or without a warrant when the violation occurs in the individual's presence. Since the provision was first enacted in 1880, the power to arrest has been conferred not only upon the NJ SPCA's officers and agents, but also upon its members. However, nowhere in the statutes governing the societies is the term 'member' defined. Therefore, it includes dues-paying members and those members of the Board of Directors who are not agents or officers. These individuals receive no law enforcement training.