legal definition of seizure of a person

However, the court also noted that the Supreme Court has previously held, [A] person’s “headlong,” “unprovoked” flight upon seeing a police officer, when it occurs in a high-crime neighborhood, is sufficient to establish reasonable suspicion that the person is involved in criminal activity… Flight, by its very nature, is not ‘going about one’s business’; in fact, it is just the opposite. The act of confiscating a person’s property by legal process; a forcible taking of property into custody by a court. When Does the Seizure of a Person Occur? Definition from Nolo’s Plain-English Law Dictionary In criminal law, the phrase that describes law enforcement's gathering of evidence of a crime. [viii], The Ninth Circuit then considered the relevant facts of Smith’s case in light of the above rules. SEIZURE. NOTE:    Court holdings can vary significantly between jurisdictions. 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. This includes the seizure, or arrest, of a person. Did Smith submit to the officer’s initial attempted seizure? Criminals may think the … 10-10036, 2011 U.S. App. (adsbygoogle = window.adsbygoogle || []).push({}); Modern Technology and Legalities of Search and Seizure, Seizure Example Involving an Illegal Gambling Racket. Officer Dominguez activated his patrol car’s siren twice, pulled his car to the curb, exited the vehicle, and called for Smith to stop and come stand in front of the car. WHEN DOES A CONSTITUTIONAL SEIZURE OF A PERSON OCCUR? seizure, n. The act or an instance of taking possession of a person or property by legal right or process; esp., in constitutional law, a confiscation or arrest that may interfere with a person’s reasonable expectation of privacy. 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. Modern technology has made it easier for the government to intrude upon people’s private information. v. Varsity Brands, Inc. [ix]. Officer Dominguez recovered a Walther P99 nine-millimeter handgun from Smith’s person. Decided February 3, 2011), [v] Id. The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property. Search 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. Smith continued to back away, and then turned and ran when he saw the officer reach for what Smith believed was a gun. 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. In the absence of physical force, in order to constitute a seizure, an officer’s show of authority must be accompanied by submission to the assertion of authority. The act of taking items from a crime scene that can serve as evidence. Star Athletica, L.L.C. absence seizure the seizure seen in petit mal epilepsy, marked by a momentary break in the stream of thought and activity, accompanied by a symmetrical spike and wave at 3 cycles per second on the electroencephalogram. 2007)) [Authors note:  Without reasonable suspicion an officer may conduct a consensual encounter with a suspect; however, the suspect must be free to leave and is not required to speak to the officer. 2. a convulsion or attack of epilepsy. Define Seizure of property. Meaning of seizure. Learn more about your rights under the law by visiting FindLaw's Search and Seizure … Other seizures can cause a person to fall, shake, and become unaware of what’s going on around them. 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. Instead, he burst into “headlong flight.” [xiv]   The court stated, [T]he circumstances here indicate that Smith’s flight was sufficient to engender reasonable suspicion. How well the authorities serve the public interest in making the seizure, To what extent the public interest benefits from the seizure, How significantly the seizure impacts a person’s freedom. They must also have a warrant. Seizure is the act of law enforcement officials taking property, including cash, real estate, vehicles, etc., that has been used in connection with or acquired by illegal activities. The officer ordered Smith to stop, and threatened to use his Taser if Smith did not stop. The kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right. So in order to have a seizure of a person or property, there must be a meaningful interference with a person’s property or with their liberty. Notice Of Seizure: A letter or written notice from the Internal Revenue Service (IRS) informing the recipient that authorization has been given to … Define A seizure occurs . While Dominguez approached, Smith stated that he had a gun in his pocket. ], [x] Id. [i] No. Ans: fruits of the poisonous tree Page ref: 34 45. Brian Batterton is an attorney in the State of Georgia and currently a Lieutenant with the Cobb County Police Department. An arrest occurs when a police officer takes a person against his or her will for questioning or criminal prosecution. Second, the court had to decide whether, after Smith fled, if the officer had sufficient reasonable suspicion to justify a detention of Smith. 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 . It's not something you want to happen. A seizure is a sudden, uncontrolled electrical disturbance in the brain. A policeman yelling ‘Stop, in the name of the law!’ at a fleeing form that continues to flee . He filed a motion to suppress the firearm and argued that the officer lacked reasonable suspicion to detain him at the outset of the encounter. What is Seizure? ISSUE ONE Seizure meaning in the legal sense refers to the taking of evidence in connection with a suspected crime. 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. Dictionary Definition n. examination of a person’s premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket). 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. As such, the court affirmed the denial of Smith’s motion to suppress as (1) he was not initially seized when he fled, and (2) his subsequent flight created sufficient reasonable suspicion to justify his detention after the foot chase. Seizure examples can include the legal or forceful taking of something, such as evidence from a crime scene. Mapp claimed the materials belonged to a former tenant who left them behind. Many different things can occur during a seizure. It can cause changes in your behavior, movements or feelings, and in levels of consciousness. The court noted several rules relevant to this issue. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. To explore this concept, consider the following seizure definition. First, the court noted that the Supreme Court has previously held, [A]n individual’s presence in an area of expected criminal activity, standing alone, is not enough to support a reasonable, particularized suspicion that the person is committing a crime. The Fourth Amendment to the Constitution protects all American citizens from unlawful search and seizure. The Third Circuit held that, [E]ven if the defendant paused for a few moments and gave his name, he did not submit in any realistic sense to the officers’ show of authority, and therefore there was no seizure. seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before. In practice. 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 forced their way into the home, and when Mapp asked to see the warrant, she snatched it away and put it in her dress. [i] , which serves as a excellent review of the law as it pertains to attempted seizures (detentions) of persons and the impact of flight by those persons. The general rule is that to make an arrest, the police must obtain an arrest warrant. The court cleared the possession charge against Mapp. According to Smith’s testimony, although Smith had at first stepped toward the patrol car when he heard the siren, he then backed away after the officer got out of the vehicle and told Smith to stand in front of the car. Learn about different types of seizures and their signs and symptoms so you can tell when someone is having a seizure. Seizure types vary by where and how they begin in the brain. A person having a seizure may seem confused or look like they are staring at something that isn’t there. In light of these facts, the court held, Because Smith did not submit to the officer’s show of authority, and because he was not otherwise coerced or physically forced to submit, Smith was not seized within the meaning of the Fourth Amendment during his initial encounter with the officer. The term “seizure” can also refer to the overwhelming, grabbing or removing or another person or object. . (quoting United States v. Washington, 490 F.3d 765, 774 (9th Cir. Headlong flight—wherever it occurs—is the consummate act of evasion: It is not necessarily indicative of wrongdoing, but it is certainly suggestive of such. 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. He has served as an officer in Uniform Patrol, a detective in Criminal Investigations, a Corporal in the Training Unit and as a Sergeant in Uniform Patrol. 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. Thirteen hours later, four police cars arrived. means the temporary prohibition of the transfer, conversion, disposition or movement of property, or the temporary assumption of custody or control of property pursuant to an order of a court or other competent authority; Did the officer have sufficient reasonable suspicion to justify a detention of Smith after he fled? The term “seizure,” in the legal sense, can mean two things. The Supreme Court in 2004 upheld a conviction under a Nevada statute that requires a person to identify himself when so requested during a _____ stop. A seizure is a sudden surge of electrical activity in the brain. The most basic definition of a seizure is when government meaningfully interferes with an individual’s possessory property rights or liberty. 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. As such, it is advisable to seek the advice of a local prosecutor or legal advisor regarding questions on specific cases. The International League Against Epilepsy (ILAE) is the world's main scientific body devoted to the study of epilepsy, and it has recently revised its classification of seizures. The term “ seizure ” can also occur during a seizure does not occur where subject! In connection with a suspected crime foot chase in handcuffs and search him for weapons s on. A high-crime area, this alone was not sufficient to establish reasonable,. Legal advisor regarding questions on specific cases felon in possession of a is! How a person may not be detained even momentarily brain and body can do normally can also occur a. To suppress, and become unaware of what ’ s property by legal ;! Two minutes takes a person or object he was under arrest and when the officers tussled with Mapp and her! 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