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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The effect of the mental illness itself on the seizure threshold needs to be considered.
The knowledge of the seizure threshold is a guide to the selection of the electrical stimulus dose for ECT.
* The convulsant effects of cocaine are probably related to its local anaesthetic properties (similar to seizures occurring with lignocaine toxicity), while hyperthermia and acidosis may also contribute to a lowered seizure threshold. Cocaine-related stroke was first documented in 1977, and is now most common in the third decade of life of cocaine users, with haemorrhage far outweighing infarction as the pathophysiological cause.
Two larger pockets of research teams develop EEG biofeedback techniques aimed at helping individuals to normalize brain wave activity by learning a state of cerebral activity assumed to elevate seizure threshold. The Sterman group publish a number of studies (Sterman, 1993; Lantz & Sterman, 1988) between 1970-1981 showing evidence both in cats and with humans with epilepsy that a specific rhythm, called sensory motor rhythm, SMR, functions in an antiepileptic fashion.
It is possible however, to inherit a lower seizure threshold which could make an individual more susceptible to developing the condition.
There are numerous possible causes, but it may develop spontaneously without the involvement of other factors if a person has a low seizure threshold.
He had been using a wide variety of substances including cannabis and Salvia divinorum, both hallucinogens that can affect seizure threshold in susceptible people.
Clomipramine (Anafranil) may also cause dry mouth, dizziness and constipation (so-called anti-cholinergic side effects) as well as heart rhythm changes (baseline EKG monitoring is necessary) and a lowering of the seizure threshold (making it a more problematic medication in individuals with seizures).
Childhood epilepsy (ie, seizures first occurring between the ages of 2 and 18 years of age with no known cause) probably is due to a genetically inherent low seizure threshold. (3)
In some people the existing seizure threshold may be lowered if the brain is subjected to unusual stimulation (such as flickering light and some drugs) or is injured.
It is true that fever lowers the seizure threshold. This means that anyone that already has epilepsy (diagnosed or not yet diagnosed) has a greater tendency to convulse when fever is present.
Doctors checked his oxygen level and found his temperature was raised, a tell-tale symptom because it lowers the seizure threshold.