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

- capture

- confiscate

- forfeiture

- garnishment

- impound

- 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