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 ?
001) antagonized the effect of thymoquinone on the reduction of the duration of myoclonic seizure in PTZ model (Table 3).
Somnolence, neck pain, and pharyngitis were the most common adverse events reported in a clinical trial of 60 adolescents and adults for myoclonic seizures treated with Keppra in combination with other antiepileptic drugs.
Spritam (levetiracetam) is a prescription medicine taken by mouth that is used with other medicines to treat primary generalized tonic-clonic seizures in people six years of age and older with certain types of generalized epilepsy, myoclonic seizures in people 12 years of age and older with juvenile myoclonic epilepsy, and partial onset seizures in people 4 years of age and older with epilepsy.
1-7) In terms of seizure type, clozapine has been most commonly linked with generalised tonic-clonic seizure (GTCS) although there are also reports of partial, atonic, and myoclonic seizures with clozapine.
Within a year, Wolford says she was symptom-free, except for occasional myoclonic seizures - brief, shock-like jerks in the muscles that sometimes afflict those with multiple sclerosis.
JME presents at puberty, usually with generalized tonic-clonic seizures and myoclonic seizures in the morning.
Myoclonic Seizures Global Clinical Trials Review, H2, 2014
Benzodiazepines have reduced the severity of absence and myoclonic seizures in humans (MELDRUM; ROGAWSKI, 2007) and suppressed pentylenetetrazol-induced seizures (MARES; SLAMBEROVA, 2006) as well as those in GAERS and other rodent models (COENEN; VAN LUIJTELLAR, 1989; DANOBER et al.
Despite the distinctive clinical and electroencephalographic features known for five decades juvenile myoclonic epilepsy (JME) is frequently unrecognized and misdiagnosed in both developed and developing countries4 mainly because the early morning myoclonic seizures are not mentioned by the patients until specifically asked and also due to misinterpretation of EEG findings.
FDA approved for use for seizures associated with Lennox-Gastault syn-drome, for akinetic and myoclonic seizures and absence seizures that fail to respond to other medications
Head banging can be confused with typical temper tantrums, spasmus nutans (triad of pendular nystagmus, head nodding, and torticollis), and infantile myoclonic seizures (sudden dropping of the head and flexion of the arms).