Brinkley v. County of Flagler

769 So. 2d 468, 2000 WL 1513758
CourtDistrict Court of Appeal of Florida
DecidedOctober 13, 2000
Docket5D99-241
StatusPublished
Cited by11 cases

This text of 769 So. 2d 468 (Brinkley v. County of Flagler) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brinkley v. County of Flagler, 769 So. 2d 468, 2000 WL 1513758 (Fla. Ct. App. 2000).

Opinion

769 So.2d 468 (2000)

Henry BRINKLEY and Linda Brinkley, Appellants,
v.
COUNTY OF FLAGLER, Appellee.

No. 5D99-241.

District Court of Appeal of Florida, Fifth District.

October 13, 2000.

*469 Michael H. Lambert, Daytona Beach, for Appellants.

David S. Morgan, Daytona Beach, for Appellee.

PETERSON, J.

Linda Brinkley, once joined by her recently-deceased husband, Henry Brinkley, appeals, inter alia, the findings of the trial court regarding her fitness and ability to adequately provide for animals, the removal of these animals from her possession, and the injunction entered enjoining her from possessing animals.

Responding to a citizen complaint that a large number of animals were being kept in unhealthy conditions and that a puppy had been sold without an accompanying health certificate, a Flagler County sheriff's deputy and an animal cruelty investigator met at the Brinkleys' farm. As they stood by the front gate, they were overwhelmed by the nauseating smell of animal waste; indeed, the front yard was covered with animal feces. They called loudly several times but failed to gain anyone's attention. The duo then entered the premises through the front gate which had been left unlocked. Approaching the farmhouse they could see that the front porch was also covered with animal feces along with the decaying carcass of a dog on top of a stack of small pet carriers and fluid from the carcass was dripping onto a live poodle inside one of the carriers. The poodle's cramped quarters lacked food and water and the dog could not straighten its legs when it was later released.

Three inches of feces and newspaper thickly lined the bottom of the animal cages stacked on the porch. Food was scattered so that it intermingled with the feces and water bowls were either tipped over or contained water that was black and foul smelling.

From the porch, the duo could see directly inside the farmhouse through the *470 open front door. The back door was also open, creating a corridor of sight through the house. The deputy renewed his call for a human response. From this vantage point, the front rooms inside the house were clearly visible. Multiple dog cages could be seen, but there was no sign of human habitation. Household garbage, trash, and animal feces littered the interior of the farmhouse which was overrun with cockroaches and rats. Dogs that were not caged were running into and out of the house through open doors.

The deputy and investigator continued to observe the filth from the porch, never entering the house. They were standing on the porch when Henry Brinkley appeared and commented that if he had been given a few days notice of the inspection, the conditions would not have been discovered.

Inside the farmhouse, a water bucket had dead rats floating in it. In one room, containing stacks of caged animals, the window was closed and there was no air circulating. A cockatiel bird, found in a cage in the kitchen crawling with roaches, was initially overlooked by the county agents because so much trash was piled on and around the cage that it was obscured from view.

Further inspection of the property revealed a second dead dog, partial canine body parts that suggested other animal deaths, and dead rats. Roaches and fleas infested the property. Roaches crawled throughout the structures, in and on the animals cages, and on the animals themselves. Roaches were found "feeding" on a puppy. Additionally, a canine litter was being born in a cage lined with feces, so that the birthing mother was cleaning both afterbirth and feces from the newborn pups.

Just as in the farmhouse, the animal waste was widespread and thick in trailers that were also used to house animals. Dog food was lying or scattered in feces rather than in bowls, and water, when there was some, was foul. Trash was piled in several places on the property in a grossly unsanitary manner and one outside kennel was so covered in overgrowth that the county agents did not know initially that there were animals housed in it. Living and dead rats were in the animal cages and rats overran the numerous structures housing the cages. The dogs were fighting the rats for food. In one trailer, the rat infestation was so bad that the walls shook with the vermin.

Initially, the County seized approximately 358 dogs and puppies and one bird. Although several deaths occurred, multiple births caused this number to grow to approximately 402 dogs and puppies at the time of the hearing that was held thirty days after the seizure, with yet more births expected.

The duo called the county animal control supervisor who arrived shortly with a veterinarian to assess the health of the dogs. Skin diseases were readily apparent and the dogs were infested with fleas. Some dogs were thin and malnourished, and others had badly matted fur or nails that had been allowed to grow so long that the nails curved under their paws, some actually penetrating the paw pads. Approximately twenty-five veterinarians were engaged to address the dogs' health maladies.

The County sought to enjoin the Brinkleys from mistreating animals again by filing a petition against the Brinkleys under section 828.073, Florida Statutes (1997). The trial court found the Brinkleys were unfit and unable to adequately provide for the animals as proscribed by section 828.073 and ordered that the animals be turned over to the Flagler County Humane Society for appropriate placement and disposition.

Linda Brinkley first contends that the trial court erred in denying her motion to suppress the testimony and photographs describing the deplorable and inhumane conditions observed during the initial inspection of the premises. She argues this evidence was obtained without a warrant *471 allegedly resulting in an illegal search and seizure in violation of her Fourth Amendment rights under the U.S. Constitution and Florida law.[1]

The animals on the Brinkleys' property were removed pursuant to section 828.073, a statute giving law enforcement officers and duly appointed humane society agents the right to provide care to animals in distress. The initial determination to be made is whether the Fourth Amendment is applicable to section 828.073. The parties agree that the Fourth Amendment applies to civil forfeiture actions, but the County contends that because no civil forfeiture action is contemplated by the statute, the Brinkleys' Fourth Amendment rights were not violated.

Generally, a forfeiture is a loss of some right or property as a penalty for some illegal act or because of breach of a legal obligation. See Black's Law Dictionary 585 (7th ed.1999). It is undisputed that the animals seized in the instant case were considered the Brinkleys' personal property. Section 828.073 provides for the removal of neglected or mistreated animals and the eventual transfer of custody to a Humane Society if the owner is deemed unable or unfit to adequately provide for them. See Fla. Stat. §§ 828.073(1)(a) & (4)(c)2 (1997). The statute further provides for the enjoinment of the owner from further possession or custody of other animals if warranted. See Fla. Stat. § 828.073(4)(c)4.

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Cite This Page — Counsel Stack

Bluebook (online)
769 So. 2d 468, 2000 WL 1513758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brinkley-v-county-of-flagler-fladistctapp-2000.