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 classic literature ?
"Most probably, Conseil, because some convulsion beneath the ocean produced that very opening which has served as a passage for the Nautilus.
The globe of the lamp appeared of a reddish hue, and the flame, brightening before it expired, threw out the last flickerings which in an inanimate object have been so often compared with the convulsions of a human creature in its final agonies.
Or, with more probability, that there existed formerly a part of the same range more elevated than the poin on which this monument of a great convulsion of nature no lies.
The convulsions were of a violence terrible to behold.
This is because, in great convulsions of nature, at three different times, masses of the earth-- whole ranges of mountains, probably--have flown off into space, thus lessening the diameter of the earth, and changing the exact locality of its centre by a point or two.
They tormented me till I was ashamed: they drove me to convulsions and--sickened me, at last, how they sickened me!
And what vast changes of society and of nations had been wrought by sudden convulsions or by slow degrees since that era!
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
It is allowed, that senates and great councils are often troubled with redundant, ebullient, and other peccant humours; with many diseases of the head, and more of the heart; with strong convulsions, with grievous contractions of the nerves and sinews in both hands, but especially the right; with spleen, flatus, vertigos, and deliriums; with scrofulous tumours, full of fetid purulent matter; with sour frothy ructations: with canine appetites, and crudeness of digestion, besides many others, needless to mention.
This slight wound I took little notice of, till my arm grew inflamed all over; in a short time the poison infected my blood, and I felt the most terrible convulsions, which were interpreted as certain signs that my death was near and inevitable.
This unhappy people seem to be now suffering from popular convulsions, from dissensions among the states, and from the actual invasion of foreign arms, the crisis of their distiny.