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 ?
A simple febrile seizure is generalized and brief, lasting less than 15 minutes, and is not followed by another within 24 hours.
09 (ANI): Seizures might not be random, but rather follow a cycle in the brain and a new research has found that cracking that pattern might help doctors to predict and treat epilepsy better.
Patients are also most likely to have seizures at a certain time of day, showing a link to the body's circadian - or daily - biological rhythm.
Many drug seizures are a result of intelligence provided by local people, so while it is concerning that these drugs are in our communities it is also a positive demonstration of police acting on this intelligence.
If your dog's seizures have an obvious physical cause, such as a tumor in the brain, he will not go back to totally normal post seizure.
In the models, the following factors were analyzed: The effects of demographic and clinical characteristics on temporal changes in all the epilepsy frequency and in the focal (SPS, CPS, and aura) epilepsy frequency and in the generalized epilepsy (primary and secondary GTCSs) frequency and in patients with at least one seizure experience per year seizure frequency (annual seizure average >0.
According to AAP, LP in a child presenting with first simple febrile seizure should be performed in a sick-looking child with clinical sign and symptom of meningitis; in child aged 6-12 months with lack of immunisation, especially haemophilus (H.
With epileptic seizures being mediated by the neurotransmitter glutamate, the agent is a highly selective, noncompetitive AMPA receptor antagonist that reduces neuronal hyperexcitation associated with seizures by targeting glutamate activity at postsynaptic AMPA receptors.
After which, the localization of a potential seizure focus can only be seen using a single-photon emission computed tomography (SPECT) image.
Seizure impact on the school attendance in children with epilepsy.
Intranasal Midazolam Works for Seizure Emergencies in Kids.
Out of all the seizure cases, 63% of cases were alcohol related followed by CNS infection (9%) and CVA (7%).