seizure – the actual or constructive taking possession of a person or property by color of legal right or process

     This page is continued from Criminal Procedure Step-by-Step Walkthrough >>>> 1. The Arrest, Search and Seizure, and Booking >>>> ii. Search and Seizure – Reasonable or Unreasonable:


n. (15c)

1. The act or an instance of taking possession of a person or property by legal right or process, especially, in constitutional law, a confiscation or arrest that may interfere with a person’s reasonable expectation of privacy. [1]

1. The taking of a thing into possession, the manner of taking and whether such taking is actual a constructive depending upon the nature of the thing seized. 36 Am J2d Fort & P § 30.  Arresting and taking as a prisoner. [2]

1. The taking of property into one’s possession.  In this context, the term is usually associated with the act of a law enforcement officer in seizing evidence or contraband, or in attaching property under a writ.  A law enforcement officer violates the Fourth Amendment if he carries out an unreasonable search and seizure.

2. The act of arresting a person. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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