legal definition of seizure of a person

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. 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. seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before. [vi]  [internal citations and quotations omitted], The court also examined a case from the Third Circuit Court of Appeals that is very similar to Smith’s case. 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. . On February 3, 2011, the Ninth Circuit Court of Appeals decided the United States v. Jermaine Smith. is no seizure. 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. Definition of Seizure. They must also have a warrant. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. 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. . The Fourth Amendment to the Constitution protects all American citizens from unlawful search and seizure. A warrant is an official document signed by a judge that permits the police to conduct a search and seizure of the suspect’s premises. The officer’s determination that Smith’s sudden flight was suggestive of wrongdoing was reasonable under these circumstances. Me?” or “What for?”  Officer Dominguez confirmed that he was addressing Smith, and repeated the command that Smith come stand in front of the car. Definition of seizure in the Definitions.net dictionary. What is Seizure? The Fourth Amendment to the U.S. Constitution and Article 1, Section 12 of the Florida Constitution both provide protection against unreasonable warrantless searches and seizures. Most seizures last from 30 seconds to two minutes. 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. To explore this concept, consider the following seizure definition. ISSUE TWO  The act of confiscating a person’s property by legal process; a forcible taking of property into custody by a court. 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 . Mapp claimed the materials belonged to a former tenant who left them behind. 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. 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. Seizure meaning in the legal sense refers to the taking of evidence in connection with a suspected crime. What is the dictionary definition of Search And Seizure? They ultimately found Ogletree hiding in the apartment of the downstairs tenant. Ans: fruits of the poisonous tree Page ref: 34 45. The Court overturned her conviction and held that the Fourth Amendment demands the exclusion of any evidence seized in violation of the Constitution. Smith also said that, when he asked if he was under arrest, Officer Dominguez replied that Smith was not under arrest; however, the officer again ordered him to stand in front of the car. This article is not intended to constitute legal advice on a specific case. 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. Decided February 3, 2011. Meaning of seizure. Under the Fourth Amendment, a seizure refers to the collection of evidence by law enforcement officials and to the arrest of persons. Legal definition of legal person: a body of persons or an entity (as a corporation) considered as having many of the rights and responsibilities of a natural person and especially the capacity to sue and be sued. Learn more about your rights under the law by visiting FindLaw's Search and Seizure … 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. at 10 (quoting Illinois v. Wardlow, 528 U.S. 119 (2000)). At the outset, the Ninth Circuit noted that, under Terry v. Ohio, [iii] in order to conduct a lawful detention of a suspect, an officer must be able to articulate specific facts, when taken together with the rational inferences from those facts, would lead the officer to believe that a suspect is engaged in wrongdoing. 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. Some people believe that if people are putting their information out there, such as in the case of social media, they understand that they are making that information available publicly, and have no claim to privacy. Property may also be seized to satisfy an unpaid judgment, as long as proper notice of the amount due has been served. A seizure usually affects how a person appears or acts for a short time. SEIZURE. The U.S. Supreme Court ultimately ruled in Mapp’s favor, 6 to 3. Smith continued to back away, and then turned and ran when he saw the officer reach for what Smith believed was a gun. It is an act done by a person... Seizure | Definition of Seizure by Merriam-Webster The officer ordered Smith to stop, and threatened to use his Taser if Smith did not stop. The act of overwhelming, removing, or grabbing a person or object. [x], Thus, although Smith was in a high-crime area, this alone was not sufficient to establish reasonable suspicion. [xv]. Mapp called her lawyer, who instructed her to refuse to allow them entry without a search warrant. 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 . 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. Define Seizure of property. seizure [se´zhur] 1. the sudden attack or recurrence of a disease. Rather, Smith turned to the officer, asked him a few questions in response to the orders, took a few steps toward the police car (as instructed), but then backed up. Smith was indicted under federal law for being a felon in possession of a firearm. 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. 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. What does seizure mean? Twenty states have this Decided February 3, 2011), [v] Id. A seizure is a sudden surge of electrical activity in the brain. A seizure is the act of seizing — a forceful action in which an object or person is suddenly taken over, grabbed, removed, or overwhelmed. The act of taking items from a crime scene that can serve as evidence. With Smith prone on the ground, Officer Dominguez approached him to place him in handcuffs and search him for weapons. The Supreme Court has held that a seizure does not occur where the subject does not yield. Origin. This includes the seizure, or arrest, of a person. v. Varsity Brands, Inc. The general rule is that to make an arrest, the police must obtain an arrest warrant. In Smith, by his own admission, he did not yield to the officer’s orders. [ii]. 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. [xiii]    However, Smith did not do so. The anonymous caller also tipped off the police that they would find evidence in that home of an illegal betting operation organized by Mapp’s boyfriend. Smith stopped involuntarily when he tripped and fell, allowing the officer to catch up with him. A policeman yelling ‘Stop, in the name of the law!’ at a fleeing form that continues to flee . [v] [Quotations omitted] [emphasis added] A landmark example of seizure to come before the U.S. Supreme Court occurred in the matter of Mapp v. Ohio. In the United States, law enforcement must obtain a warrant from the court before conducting a search and seizure. Other seizures can cause a person to fall, shake, and become unaware of what’s going on around them. WHEN DOES A CONSTITUTIONAL SEIZURE OF A PERSON OCCUR? Did Smith submit to the officer’s initial attempted seizure? Definition In R.R. This test determines whether the search and seizure was reasonable under the law: Modern technology has greatly affected the legalities of search and seizure in recent years. 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. Officer Dominguez recovered a Walther P99 nine-millimeter handgun from Smith’s person. (quoting Brown v. Texas, 443 U.S. 47 (1979)), [xi] Id. 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. . As such, Smith claims that he was seized without reasonable suspicion, and therefore, the weapon should be suppressed since it was discovered as a result of an unlawful detention. [v] [Quotations omitted] [emphasis added], The Ninth Circuit then stated that, in this case, they did not need to resolve whether the officer had sufficient reasonable suspicion to justify the initial detention of Smith; this is because if Smith was not initially detained (in the constitutional sense) at the patrol car, then whether or not the officer had reasonable suspicion to justify the detention is a meaningless point. Didn ’ t there Smith submit to the officer reach for what Smith believed was a gun been.! 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