Seizure

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Seizure

Forcible possession; a grasping, snatching, or putting in possession.

In Criminal Law, a seizure is the forcible taking of property by a government law enforcement official from a person who is suspected of violating, or is known to have violated, the law. A Search Warrant usually must be presented to the person before his property is seized, unless the circumstances of the seizure justify a warrantless Search and Seizure. For example, the police may seize a pistol in the coat pocket of a person arrested during a Robbery without presenting a warrant because the search and seizure is incident to a lawful arrest. Certain federal and state laws provide for the seizure of particular property that was used in the commission of a crime or that is illegal to possess, such as explosives used in violation of federal law or illegal narcotics.

In the law of civil practice, the term refers to the act performed by an officer of the law under court order when she takes into custody the property of a person against whom a court has rendered a judgment to pay a certain amount of money to another. The property is seized so that it can be sold under the authority of the court to satisfy the judgment. Property can also be seized if a substantial likelihood exists that a defendant is concealing or removing property from the jurisdiction of the court so that in the event a judgment is rendered against her, the property cannot be used to pay the judgment. By attaching or seizing a defendant's property, the court prevents her from perpetrating a Fraud on the courts.

seizure

n. the taking by law enforcement officers of potential evidence in a criminal case. The constitutional limitations on seizure are the same as for search. Thus, evidence seized without a search warrant or without "probable cause" to believe a crime has been committed and without time to get a search warrant, cannot be admitted in court, nor can evidence traced through the illegal seizure. (See: search and seizure, search warrant, fruit of the poisonous tree)

See: adverse possession, apprehension, appropriation, arrest, arrogation, assault, disseisin, forfeiture, garnishment, infringement, levy, occupation, onset, plunder, possession, sequestration, taking

SEIZURE, practice. The act of taking possession of the property of a person condemned by the judgment of a competent tribunal, to pay a certain sum of money, by a sheriff, constable, or other officer, lawfully authorized thereto, by virtue of an execution, for the purpose of having such property sold according to law to satisfy the judgment. By seizure is also meant the taking possession of goods for a violation of a public law; as the taking possession of a ship for attempting an illicit trade. 2 Cranch, 18 7; 6 Cowen, 404; 4 Wheat. 100; 1 Gallis. 75; 2 Wash. C. C. 127, 567.
     2. The seizure is complete as soon as the goods are within the power of the officer. 3 Rawle's Rep. 401; 16 Johns. Rep. 287; 2 Nott & McCord, 392; 2 Rawle's Rep. 142; Wats. on Sher. 172; Com. Dig. Execution, C 5.
     3. The taking of part of the goods in a house, however, by virtue of a fieri facias in the name of the whole, is a good seizure of all. 8 East, R. 474. As the seizure must be made by virtue of an execution, it is evident that it cannot be made after the return day. 2 Caine's Rep. 243; 4 John. R. 450. Vide Door; House; Search Warrant.

References in periodicals archive ?
One of the important steps of presurgical evaluation is video-EEG monitoring, by which lateralizing and/or localizing features of epileptic seizures could be recorded; thus, it helps in defining the "symptomatogenic zone.
001 and hence we can state that statistically significant resetting occurs mostly at epileptic seizures than at any random point in the interictal periods.
e unusual feature of this case is that the defendant was a long-standing suerer from epilepsy who has a history of being violent in the course of and immediately after epileptic seizures.
Now, a new study has unraveled a link between a protein that can modify cellular metabolism in the brain and susceptibility of an epileptic seizure.
The disease runs its course over a one-to-two year period during which time one half of the body function is rendered useless and epileptic seizures continue unabated.
Those of us who have seizure disorders, better known as epileptic seizures (or fits), run into some difficult situations.
There are lots of different types of epileptic seizures, but the victim of one will often become unconscious and go stiff or twitchy and possibly fall.
Victim Jamie Cameron, 27, suffered a fractured skull and epileptic seizures after being punched and kicked in the head as he lay unconscious.
New miniature devices designed to be implanted in the brain to predict and prevent epileptic seizures and a nanotech sensor for implantation in the eye to treat glaucoma have been developed by researchers at Purdue University, West Lafayette, Ind.
When they've worked out where all the bits go I'm sure it'll look quite nice and the "numerous" people having epileptic seizures through watching its flashing, moving multi-coloured images are just being difficult.
Over fears the clip could trigger epileptic seizures.
Animated footage promoting the London 2012 Olympics was removed from its official website amid claims that it could trigger epileptic seizures.