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Seizure occurs when the government or its agent removes property from an individual's possession as a result of unlawful activity or to satisfy a judgment entered by the court. THE LEGAL PROCESS.
A: The PC affidavit is a summary of the evidence and circumstances of the arrest. It is written by the arresting officer and given to a judge to review.
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
Rule 41 - Search, Seizure, and Confession (a)Authority to Issue Warrant. A search warrant authorized by this Rule may be issued by any judge of a court of record. (b)Grounds for Issuance.
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.
Rule 49 - Special Verdicts and Interrogatories (a) Special Verdicts. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact.
A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion.
Rule 21 - Change of Venue or Judge (a) Change of Venue. (1) For Fair or Expeditious Trial. The place of trial may be changed when the court in its sound discretion determines that a fair or expeditious trial cannot take place in the county or district in which the trial is pending. (2) The Motion for Change of Venue.