Also known as: seize · seizes · seized · seizing · seizures · search and seizure
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A taking of possession of a person or property by legal authority or process. The act must be supported by probable cause when undertaken pursuant to a warrant and remains subject to constitutional limits on unreasonableness.
A taking of possession of a person or property by legal authority or process. The act must be supported by probable cause when undertaken pursuant to a warrant and remains subject to constitutional limits on unreasonableness.
Federal agents enter Sasha Stone's apartment without a warrant and remove several boxes of documents. The agents lack probable cause at the time of entry and no exigent circumstances exist. Sasha later moves to suppress the documents in her criminal trial.
Officers obtain a warrant to search Solomon Silver's warehouse for narcotics. The warrant fails to identify the specific items to be seized or designate a return magistrate. Solomon challenges the warrant's validity before any search occurs.
A taking of possession of a chattel that is privileged when undertaken to defend a person from imminent harm under circumstances that would justify the use of force.
Sydney Santos grabs a metal pipe from Steven Silva's hand during a sudden workplace argument to prevent an apparent strike at a coworker. Sydney throws the pipe aside, causing minor damage. Steven later sues for conversion of the pipe.
Samantha Stone seizes a heavy tool from a threatening coworker who has raised it overhead in a confined space. She hurls the tool across the room to stop an imminent blow. The coworker sues for conversion after the tool is damaged.
A taking of possession of a chattel that is privileged when undertaken to defend a person from imminent harm under circumstances that would justify the use of force.
Each sense below has its own examples, sources, and questions.
State police seize evidence from Stephen Shaw's vehicle during an unlawful stop. The evidence is offered against him in a state prosecution for drug possession. Stephen moves to exclude the items under the exclusionary rule.
Federal narcotics agents forcibly enter Spectrum Financial's offices and seize records without a warrant. The company sues the agents for damages arising from the unconstitutional seizure. The agents move to dismiss on immunity grounds.
The warrant must identify the person or property to be seized and designate the magistrate judge to whom it must be returned. It must also command execution within a specified time and during daytime hours unless good cause permits otherwise.
Yes. Evidence obtained through an unconstitutional seizure is inadmissible in state court under the same standards that govern federal proceedings. The rule deters police misconduct and is incorporated through the Fourteenth Amendment.
Yes. A cause of action for damages exists when federal agents violate Fourth Amendment rights through an unreasonable seizure. Official immunity does not automatically bar such claims.
A seizure is unreasonable when conducted without a warrant supported by probable cause or without a recognized exception. The warrant must particularly describe the place and items to be seized.
Seizure is privileged when undertaken to defend a third person under circumstances that would justify harmful or offensive contact. The actor must hold a reasonable belief in imminent harm, and the interference must not exceed what is necessary for protection.
…the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints . . . and which also recognizes,…