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SeizureAlso found in: Dictionary, Thesaurus, Medical, Acronyms, Encyclopedia, Wikipedia.SeizureForcible 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.seizuren. 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.seized (seised)n. 1) having ownership, commonly used in wills as "I give all the property of which I die seized as follows:...." 2) having taken possession of evidence for use in a criminal prosecution. 3) having taken property or a person by force. (See: seisin, seizure)SEIZUREThe term “seizure,” in the legal sense, can mean two things. Seizure examples can include the legal or forceful taking of something, such as evidence from a crime scene. Another seizure example is the act of physically overtaking or removing a person or object. To explore this concept, consider the following seizure definition.Definition of SeizureNounThe act of taking items from a crime scene that can serve as evidence.The act of overwhelming, removing, or grabbing a person or object.Origin1475 – 1485What is Seizure?Seizure meaning in the legal sense refers to the taking of evidence in connection with a suspected crime. Examples of seizure include the taking of drugs left out in the open, or the taking of a gun found on the floor at the scene of a shooting. The term “seizure” can also refer to the overwhelming, grabbing or removing or another person or object. An example of seizure in this sense can be a bouncer physically removing a patron from a nightclub for being too rowdy.Search and SeizureSearch and seizure is the process by which law enforcement, believing a person may have committed a crime, “searches” the person’s property and “seizes” any evidence they find. In the United States, law enforcement must obtain a warrant from the court before conducting a search and seizure. A warrant is an official document signed by a judge that permits the police to conduct a search and seizure of the suspect’s premises.However, there is an exception to the warrant requirement called “exigent circumstances.” What this means is that the situation requires the police to act quickly in order to prevent immediate harm to someone. In this case, the court may waive the warrant requirement, at least for the initial entry, search, and custody.For instance, if the police believe the suspect is about to destroy or remove the evidence, they can act quickly to recover the evidence before the suspect destroys it. However, probable cause must still exist to support the officers in their actions. If there is no probable cause, then the officers are in violation of that waiver.Fourth AmendmentThe Fourth Amendment to the Constitution protects all American citizens from unlawful search and seizure. This harkens back to the point made above that law enforcement must have probable cause before they conduct a search and seizure under the Fourth Amendment. They must also have a warrant.To determine whether someone violates another person’s rights under the Fourth Amendment, the U.S. Supreme Court created a three-prong test. This test determines whether the search and seizure was reasonable under the law:How well the authorities serve the public interest in making the seizureTo what extent the public interest benefits from the seizureHow significantly the seizure impacts a person’s freedomModern Technology and Legalities of Search and SeizureModern technology has greatly affected the legalities of search and seizure in recent years. Seizure examples that modern technology has had a hand in include the information people post to social media, and the information people store in their cell phones. Modern technology has made it easier for the government to intrude upon people’s private information.The argument then becomes whether lawmaker need to update the legalities of search and seizure of how differently authorities obtain information in this modern age. Some people believe that if people are putting their information out there, such as in the case of social media, they understand that they are making that information available publicly, and have no claim to privacy.Seizure Example Involving an Illegal Gambling RacketA landmark example of seizure to come before the U.S. Supreme Court occurred in the matter of Mapp v. Ohio. Here, Dollree Mapp worked in the illegal gambling business in Cleveland, Ohio. In May of 1957, police officers in the area received an anonymous tip that Virgil Ogletree might be at Mapp’s house. The police wanted to bring Ogletree in for questioning in the bombing of the home of rival racketeer and future boxing promoter, Don King. The anonymous caller also tipped off the police that they would find evidence in that home of an illegal betting operation organized by Mapp’s boyfriend.The Search and SeizureThree officers went to Mapp’s home and asked Mapp’s permission to enter the premises. Mapp called her lawyer, who instructed her to refuse to allow them entry without a search warrant. Thirteen hours later, four police cars arrived. When the officers knocked on the door, Mapp didn’t answer. They forced their way into the home, and when Mapp asked to see the warrant, she snatched it away and put it in her dress. The officers tussled with Mapp and recovered the paper, which neither she nor her lawyers ever saw again.The police handcuffed Mapp and continued their search. They ultimately found Ogletree hiding in the apartment of the downstairs tenant. They also found betting slips and other paraphernalia, including a pistol, in the basement, along with pornographic materials and books. Mapp claimed the materials belonged to a former tenant who left them behind. The police arrested Mapp and charged her with the misdemeanor of possessing gambling paraphernalia.Conviction and AppealThe court cleared the possession charge against Mapp. However, she refused to testify at the trial several months later into the matter of those who were trying to take down Don King. The court then prosecuted her for possession of the pornographic materials in violation of Ohio law and sentenced her to spend one to seven years in prison.Mapp appealed the conviction to the U.S. Supreme Court, arguing that the police violated her Fourth Amendment rights, that they did not have probable cause to suspect her of possessing the pornographic books. She also argued that the police could not use the books as evidence against her because the police had found the books without a warrant, and so had seized them unlawfully.Supreme Court DecisionThe U.S. Supreme Court ultimately ruled in Mapp’s favor, 6 to 3. The Court overturned her conviction and held that the Fourth Amendment demands the exclusion of any evidence seized in violation of the Constitution. Said the Court, in referencing prior case law:“…in the year 1914, in the Weeks case, this Court ‘for the first time’ held that, ‘in a federal prosecution, the Fourth Amendment barred the use of evidence secured through an illegal search and seizure.’ [Citation omitted.]This Court has ever since required of federal law officers a strict adherence to that command which this Court has held to be a clear, specific, and constitutionally required—even if judicially implied—deterrent safeguard without insistence upon which the Fourth Amendment would have been reduced to ‘a form of words.’ [Citation omitted.]It meant, quite simply, that ‘conviction by means of unlawful seizures and enforced confessions… should find no sanction in the judgments of the courts…’ [Citation omitted], and that such evidence ‘shall not be used at all.’ [Citation omitted.]”Related Legal Terms and IssuesMisdemeanor – A criminal offense less serious than a felony.Probable Cause – Facts and circumstances leading to the belief that an accused person has committed a crime. Probable cause does not arise from a suspicion or a “hunch,” but from observable facts and circumstances.SeizureForcible 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.seized(seised) n. 1) having ownership, commonly used in wills as "I give all the property of which I die seized as follows:…." 2) having taken possession of evidence for use in a criminal prosecution. 3) having taken property or a person by force.Seized property means any property seized or held for the satisfaction of any administrative fine or for the enforcement of any forfeiture under the customs laws.Seized property means any property seized under section 17 or section 18 of the Act;Seized property means property taken or held by any law enforcement agency in the course of that agency's official duties with or without the consent of the person, if any, who had possession or a right to possession of the property at the time it was taken into custody.Examples of Seized property in a sentence Seized property will be returned when a judge of a criminal proceeding denies a request for forfeiture.Seized property such as wastes or other materials that present an environmental hazard may be confiscated and disposed of by the Department.Seized property other than monetary instruments shall be disclosed in the footnotes.Seized property shall be kept by the custodian in a manner to protect it from theft or damage and, if ordered by the court, insured against those risks.Seized property shall be kept by the custodian in a manner to protect it from theft or damage and, if ordered by the district court, insured against those risks.