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Seizure - Definition - Law Dictionary Home Dictionary Definition seizure

Definition :

seizure


: the act, fact, or process of seizing: as
a : the seizing of property that involves meaningful interference with a person's possessory interest in it [ of evidence found in plain view] see also plain view
b : the seizing of a person (as for arrest or investigation) see also arrest, stop compare search NOTE: The Fourth Amendment to the U.S. Constitution guarantees the right against unreasonable searches and seizures. It requires that a warrant may issue only upon probable cause, and that the warrant particularly describe the persons or things to be seized. Not all seizures, however, require a warrant. A seizure that constitutes an arrest requires probable cause to be reasonable, and a stop usually requires reasonable suspicion of the particular person or persons stopped, although stops like those at drunk driving checkpoints may be justified by a plan that places explicit and neutral limitations on the conduct of police officers with no requirement of individualized suspicion.




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