Seizure Rules in Criminal Procedur
Seizure Rules under Criminal Procedure
1. Definition of Seizure
A seizure occurs when law enforcement meaningfully interferes with an individual’s possessory interests in property or restricts a person’s freedom of movement (i.e., arrest or stop).
2. Constitutional Basis
The Fourth Amendment protects against unreasonable searches and seizures.
All seizures must be reasonable, typically requiring probable cause or, in some cases, reasonable suspicion.
3. Types of Seizure
a. Seizure of Property
Taking possession or control of tangible property by the government.
Requires probable cause to believe the item is connected to criminal activity.
Examples: Confiscating illegal drugs, weapons, or evidence.
b. Seizure of Persons
Includes arrests and temporary detentions (stops).
Arrest: Requires probable cause to believe the person committed a crime.
Stop (Terry Stop): Requires reasonable suspicion of criminal activity (Terry v. Ohio, 1968).
4. Requirements for Lawful Seizure
a. Probable Cause
A reasonable belief, based on facts and circumstances, that a person has committed a crime or that evidence of a crime will be found in a particular place.
b. Warrant Requirement
Generally, seizures must be based on a warrant issued by a neutral magistrate supported by probable cause.
Exceptions apply (see below).
5. Exceptions to Warrant Requirement
Exigent Circumstances: Immediate action needed to prevent harm, destruction of evidence, or escape.
Search Incident to Arrest: Officers may seize items on or near the person arrested.
Automobile Exception: Vehicles can be searched if probable cause exists due to their mobility.
Consent: Voluntary consent to search or seize.
Plain View Doctrine: Items in plain sight may be seized without a warrant if officers are lawfully present.
6. Scope and Duration
Seizures must be reasonable in scope and duration.
Stops must be brief and limited to the purpose of the investigation.
Unreasonable or prolonged seizures may violate the Fourth Amendment.
7. Remedies for Illegal Seizure
Evidence obtained in violation of seizure rules may be suppressed under the exclusionary rule.
This means the evidence cannot be used in court against the defendant.
8. Summary Table
| Type of Seizure | Requirement | Key Standard | Example |
|---|---|---|---|
| Seizure of Person (Arrest) | Probable Cause | Reasonable belief of crime | Police arresting a suspect |
| Stop and Frisk (Terry Stop) | Reasonable Suspicion | Less than probable cause | Brief stop to investigate |
| Seizure of Property | Probable Cause + Warrant (usually) | Reasonable belief items connected to crime | Confiscating illegal drugs |
| Warrant Exceptions | Exigent circumstances, consent, etc. | No warrant needed | Searching vehicle without warrant if probable cause |
Conclusion
Seizure rules under criminal procedure ensure law enforcement actions respect constitutional protections. Seizures must be based on appropriate standards like probable cause or reasonable suspicion and are subject to strict procedural safeguards.
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