Thursday, May 23, 2013

Brinkley v. County of Flagler case brief

Brinkley v. County of Flagler case brief
769 So.2d 468

CASE SYNOPSIS: Appellant challenged the findings of the Circuit Court for Flagler County (Florida) regarding her fitness and ability to adequately provide for animals, the removal of animals from her possession, and the injunction entered enjoining her from possessing animals.

FACTS: Appellee county sought to enjoin appellant from mistreating animals by filing a petition against her under Fla. Stat. ch. 828.073 (1997). The animals on appellant's property were removed pursuant to Fla. Stat. ch. 828.073, a statute giving law enforcement officers and duly appointed humane society agents the right to provide care to animals in distress. The animals seized were considered appellant's personal property. The deputy and animal cruelty investigator did not enter appellant's property with an intent to arrest or search. Upon arrival, however, they were immediately struck by the animals' condition. The distress of the animals was apparent, and any reasonable person would have concluded that an urgent and immediate need for protective action was warranted. Accordingly, entry onto appellant's property was constitutionally permitted.

CONCLUSION: Judgment affirmed. The entry onto appellant's property was justified under the emergency exception to the warrant requirement for searches. The hearing after seizure of appellants' animals was sufficient to satisfy appellant's due process rights.

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