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)

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 ?
First, let's deal with the seizures. Springers are more likely than many other breeds to have seizures.
[USA], July 22 (ANI): A recent study has uncovered an innovative approach to possibly slow the progression of epilepsy and reduce seizures in newborns.
Unprovoked seizure is defined as convulsive episodes occurring in the absence of a potentially responsible clinical condition or beyond the interval estimated for the occurrence of acute symptomatic seizures.
The primary efficacy endpoint for Study 1 was treatment success, defined as the termination of seizures within ten minutes after the initial blinded dose of study drug and the absence of a recurrence of seizures within six hours of the initial blinded dose of study drug.
After the seizure has stopped, gently put them into the recovery position and check their breathing is returning to normal.
What has made seizure detection so difficult is that there are several types of seizures and several factors that can cause them.
According to the NDA safety database, the seizure rate attributed to ziprasidone was 1.8 per 100 subject-years or 0.54% of participants (12 of 2,588).
announced today that based on topline results, the primary efficacy endpoint was met in a Phase III clinical study (Study 342) conducted for submission in Japan, which evaluated its in-house discovered antiepileptic drug (AED) Fycompa (perampanel) as monotherapy for partial-onset seizures. Based on the results of this study, Eisai plans to file an application seeking approval of Fycompa as monotherapy for partial onset seizures in Japan during fiscal 2018.
It is a description of seizure activity for which no underlying cause can be found.
Is Iron Insufficiency Associated With Febrile Seizure? Experience in an Iranian Hospital.
In China it is estimated that there are approximately 9 million patients with epilepsy, with approximately 60% being affected by partial-onset seizures, and 40% of these patients with partial-onset seizures require adjunctive treatment.1 As approximately 30% of patients with epilepsy are unable to control their seizures with currently available AEDs,2 this is a disease with significant unmet medical need.
When referring to seizures, the study used the following identifiers: location of seizure, month and year of seizure, and weight of seizure (in metric tons).