Author Question: What is a seizure? What will be an ideal response? ... (Read 11 times)

OSWALD · **on:** Aug 17, 2018

What is a seizure?

What will be an ideal response?

Question 2

What themes run throughout criminal procedure?

What will be an ideal response?

juliaf · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

A seizure of property occurs when there is some meaningful interference with an individual's possessory interest in that property. In determining whether or not a piece of property is seized, courts often refer to actual and constructive possessions. A piece of property is in a person's actual possession if he or she is physically holding or grasping the property. Constructive possession, by comparison, refers to possession of property without physical contact.

Answer to Question 2

First, there is a concern with the constitutional rights of accused persons, as interpreted by the courts. Second, criminal procedure contains an important historical dimension, one that defers regularly to how sensitive legal issues have been approached in the past.