What is seizure in law?

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Sequestration is used in legal contexts to set people or property apart, such as freezing assets or isolating jurors. Seizure orders can extend to items not used as evidence, but must be properly documented and can be appealed if unduly seized.

Sequestration, a term meaning “to set apart”, is used in several contexts in the legal community. It can refer to setting people apart, temporarily holding property, or freezing assets, for slightly different reasons. Forfeiture is usually ordered when there are fears that interference could result in a mistrial or when there are fears that someone might try to flee with property or assets if they are not set aside.

In terms of people, one form of kidnapping is jury kidnapping. A jury may be kidnapped when there is reason to fear jury tampering. Throughout the trial and the jurors’ deliberations, the jurors are isolated from the public so that people cannot intimidate, bribe, or otherwise interfere with the jurors. This can be done even when a case is so high-profile that there are concerns that jurors will be exposed to prejudicial information, ranging from news reports to comments from friends and family.

Witnesses have also been arrested. Commonly, witnesses are not allowed to sit in the courtroom when they are not testifying. This is done to prevent bias. If, for example, a witness listens to another witness’s account, he can change the story being told in the gallery. Witness seizure is designed to ensure that witnesses use their own words and only testify about facts they know personally.

Assets and property may be seized by court order pending the outcome of a trial. This can be done in property disputes, with court custody until the matter is decided, and can also occur in cases where there is a concern that someone might try to remove, damage, or otherwise impair property and assets. Seizure orders can extend to items that are not directly used as evidence in a trial. Seized property must be properly cared for while under court supervision.

When property and assets are seized or frozen following such an order, the process must be documented in detail. Receipts must be provided and the property will only be vacated when the rightful owner is identified and confirmed. If someone believes that the assets have been unduly seized, the seizure can be appealed. This provides recourse mechanisms in situations where, for example, John Q. Public’s bank account is mistakenly frozen instead of John R. Public’s account.




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