seizure


seizure
The act of taking possession of property, e.g., for a violation of law or by virtue of an execution of a judgment. Term implies a taking or removal of something from the possession, actual or constructive, of another person or persons. Molina v. State, 53 Wis.2d 662, 193 N.W.2d 874, 877.
The act performed by an officer of the law, under the authority and exigence of a writ, in taking into the custody of the law the property, real or personal, of a person against whom the judgment of a competent court has passed, condemning him to pay a certain sum of money, in order that such property may be sold, by authority and due course of law, to satisfy the judgment. Or the act of taking possession of goods in consequence of a violation of public law. A "seizure" of property (under Fourth Amendment) occurs when there is some meaningful interference with an individual's possessory interest in that property. U.S. v. Jacobsen, U.S.Minn., 466 U.S. 109, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85.
Seizure of an individual, within the Fourth Amendment, connotes the taking of one physically or constructively into custody and detaining him, thus causing a deprivation of his freedom in a significant way, with real interruption of his liberty of movement. U.S. v. Albert, C.A.N.C., 816 F.2d 958.
Such occurs not only when an officer arrests an individual, but whenever he restrains the individual's freedom to walk away. Robins v. Harum, C.A.Wash., 773 F.2d 1004, 1009.
See Fed.R. Crim.P. 41; 18 U.S.C.A. No. 3101 et seq.
See also search.
See also attachment
- levy.
"Search" distinguished.
A "search" is a probing or exploration for something that is concealed or hidden from the searcher, whereas a "seizure" is a forcible or secretive dispossession of something against the will of the possessor or owner. U. S. v. Marti, D.C.N.Y., 321 F.Supp. 59, 63.
See also search

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • seizure — sei·zure / sē zhər/ n: the act, fact, or process of seizing: as a: the seizing of property that involves meaningful interference with a person s possessory interest in it seizure of evidence found in plain view see also plain view 2 b: the… …   Law dictionary

  • seizure — sei‧zure [ˈsiːʒə ǁ ər] noun [countable, uncountable] formal 1. LAW the act of taking goods or property because they are illegal, or because the owner has not paid a debt: • An authority may threaten seizure of goods or disconnection of vital… …   Financial and business terms

  • Seizure — Sei zure, n. 1. The act of seizing, or the state of being seized; sudden and violent grasp or gripe; a taking into possession; as, the seizure of a thief, a property, a throne, etc. [1913 Webster] 2. Retention within one s grasp or power; hold;… …   The Collaborative International Dictionary of English

  • seizure — [n1] convulsive attack access, breakdown, convulsion, fit, illness, paroxysm, spasm, spell, stroke, throe, turn; concept 308 seizure [n2] capture, taking abduction, annexation, apprehension, arrest, bust*, collar*, commandeering, confiscation,… …   New thesaurus

  • Seizure — Seizure. См. Схватывание. (Источник: «Металлы и сплавы. Справочник.» Под редакцией Ю.П. Солнцева; НПО Профессионал , НПО Мир и семья ; Санкт Петербург, 2003 г.) …   Словарь металлургических терминов

  • seizure — (n.) act of seizing, late 15c., from SEIZE (Cf. seize) + URE (Cf. ure). Meaning sudden attack of illness is attested from 1779 …   Etymology dictionary

  • seizure — ► NOUN 1) the action of seizing. 2) a sudden attack of illness, especially a stroke or an epileptic fit …   English terms dictionary

  • seizure — [sē′zhər] n. 1. a) the act of one who seizes, or an instance of this b) the state or an instance of being seized 2. a sudden attack, esp. of a disease such as epilepsy …   English World dictionary

  • Seizure — MeshID = D012640 An epileptic seizure is caused by excessive and/or hypersynchronous electrical neuronal activity, and is usually self limiting.cite journal author = Blume W, Lüders H, Mizrahi E, Tassinari C, van Emde Boas W, Engel J title =… …   Wikipedia

  • seizure — [[t]si͟ːʒə(r)[/t]] seizures 1) N COUNT If someone has a seizure, they have a sudden violent attack of an illness, especially one that affects their heart or brain. ...a mild cardiac seizure... I was prescribed drugs to control seizures. 2) N… …   English dictionary

  • seizure — UK [ˈsiːʒə(r)] / US [ˈsɪʒər] noun Word forms seizure : singular seizure plural seizures 1) [countable/uncountable] the action of taking something or taking control of something, especially using power or force seizure of: the seizure of the… …   English dictionary