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 ?
Not many studies have been conducted regarding zinc deficiency as one of the causes for occurrence of febrile seizures. A study done by Ehsanipoor et al [21], children between 6 months to 5 years of age were classified into three groups like children with febrile seizures, children with fever without convulsion and children with convulsions without fever.
Family history of seizure was absent in 52 (91.2 %) of study subjects and 4 (7 %) had history of seizure disorder in siblings and 1(1.8 %) had history of simple febrile seizure in sibling.
had become very hot and suffered a febrile seizure, but no one else in the home was able to confirm those claims.
Incidence of febrile seizures in Finland: prospective population-based study.
Conclusion: The children with febrile seizures have lower hemoglobin, MCV, MCHC and serum ferritin level as compared to the control groups suggesting that iron deficiency anemia has a positive role in the pathogenesis of febrile seizures.
The impetus for her study was straightforward: "We all know that most children with a history of febrile seizures have normal behavior, intelligence, and academic achievement and do not later develop epilepsy.
Kajimoto et al., "Serum and CSF levels of cytokines in acute encephalopathy following prolonged febrile seizures," Brain & Development, vol.
Demographics and clinical characteristics of patients Number of patients 100 Age (years) 25.8 (range:10-43) Gender 68 females (68%) 32 male (32%) Presence of febrile seizures 68 (68%) Age at onset (years) 8.9[+ or -]5.8 (range: 1-28) Disease duration (years) 18.4[+ or -]8.1 (range: 1-41) Operation 70 patients (70%) Age at operation (years) 25.4 (range:12-44) Seizure characteristics Presence of GTCS 47 patients (47%) Status epilepticus 13 patients (13%) Presence of aura 65 patients (65%) GTCS: generalized tonic--clonic seizures Table 2.
IHI was reported with a higher frequency in patients with epilepsy (2, 8, 11, 12) and, in a recent study, in prolonged febrile seizures (9).
[11] Provisional Committee on Quality Improvement and Subcommittee on Febrile Seizures, "Practice parameter: the neurodiagnostic evaluation of the child with a first simple febrile seizure," An Pediatrics, vol.
Key Words: Iron deficiency anemia, Febrile seizures
Childhood vaccines and febrile seizures. Available at: http://www.cdc.gov/vaccine-safety/concerns/febrile-seizures.html.