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 ?
Modern epileptology has stated that epileptic seizures are the consequences of a basic epileptogenic tendency (genes), various more or less obvious triggering factors, and major causative factors.
Iasemidis, "Control of synchronization of brain dynamics leads to control of epileptic seizures in rodents," Int.
He maintains he has no recollection of attacking his mother and suggests he must have done so during the course of or in the immediate aftermath of an epileptic seizure.
Neurologists typically distinguish an epileptic seizure from a nonepileptic one by taking a careful history of the attack both from the patient and an eyewitness and then use their medical knowledge to decide whether the episode is epileptic or not, Dr.
Objective: To explore the factors associated with preoperative and postoperative epileptic seizure in patients with cavernous malformations (CMs).
A tiny transmitter three times the width of a human hair can be implanted below the scalp to detect the signs of an epileptic seizure before it occurs.
Topamax, or topiramate, treats epileptic seizures and helps prevent migraines.
The FDA also gave the green light to generic versions of finasteride 1 mg tablets (Propecia) for hair loss, finasteride 5 mg tablets (Proscar) for benign prostatic hyperplasia (BPH) in men, and lamotrigine tablets (Lamictal) for epileptic seizures.
Mrs Dumayne, who works as a cleaner at an army barracks, has been taking sodium valproate since she was 11 to control her epileptic seizures.
The test identifies types of epileptic seizures called generalized tonicclonic seizures and complex partial seizures where the level of prolactin increases in the blood.
Brain surgery can hike a person's risk of epileptic seizures.