Legal Definitions - seize

Seize (verb)

To seize means to take control or possession of something or someone, often by force or legal authority.

• Example 1: After obtaining a valid search warrant, law enforcement officers might seize a collection of rare, illegally imported artifacts from a private residence.
  Explanation: This illustrates the act of taking physical possession of property (the artifacts) by legal authority (the warrant) for investigative or enforcement purposes.
• Example 2: A store's loss prevention officer might seize a person attempting to leave the premises with unpaid merchandise, holding them until the police arrive.
  Explanation: Here, "seize" refers to the act of physically restraining and taking control of a person (the suspected shoplifter) to prevent their escape, often under the store's legal right to detain suspected thieves.

Seizure (noun)

A seizure is the act of taking control or possession of a person or property, typically carried out under legal authority or process. In the context of constitutional law, it specifically refers to an arrest or the taking of property by government officials that might impact an individual's reasonable expectation of privacy.

• Example 1 (Person - Arrest): The police conducted a seizure when they apprehended a suspect identified in an active arrest warrant, taking them into custody.
  Explanation: This demonstrates a "seizure" as the act of taking a person into custody, which is a significant deprivation of liberty and falls under the constitutional protections against unreasonable government actions.
• Example 2 (Property - Physical): During a routine inspection, health inspectors discovered unsanitary conditions and expired food products at a restaurant, leading to the immediate seizure and disposal of the contaminated items.
  Explanation: This example shows the physical taking of property (the food products) by government officials due to a violation of health regulations, which is a direct act of possession under legal authority.
• Example 3 (Property - Constructive/Notice): When a court issues an order freezing a defendant's bank accounts to prevent them from moving assets during a lawsuit, this constitutes a constructive seizure of those funds.
  Explanation: This illustrates a "constructive seizure," where the court doesn't physically take the money but asserts legal control over it (through the freeze order) due to a legal process, impacting the owner's ability to access or use the funds.