seizure
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 273 U.S. 182 - Great Northern Ry Co v. Sutherland · 1927Most cited · 50 citing opinions
The term seizure as used in this connection connotes merely the taking of possession.
How the Supreme Court has restated “seizure”
Each Supreme Court definition of “seizure,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “seizure”
Court decisions citing the 4 opinions that defined “seizure” — 116 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 4 definitions, chronological · 1825–1927
- ORIGINAL
There must be an open, visible possession claimed, and authority exercised under a seizure. The parties must understand that they are dispossessed, and that they are no longer at liberty to exercise any dominion on board of the ship. It is true, that a superior physical force is not necessary to be employed, if there is a voluntary acquiescence in the seizure and dispossession.
must be open and visible
by the seizure of a thing is meant the taking of a thing into possession, the manner of which, and whether actual or constructive, depending upon the nature of the thing seized. As applied to subjects capable of manual delivery, the term means caption; the physical taking into custody.
the court had no authority to decree confiscation of anything which had not by seizure of the marshal been brought within its jurisdiction. Seizure is essential to confer jurisdiction.
confiscation jurisdiction