What is the primary difference between a seizure of property and a seizure of a person?

The primary difference lies in the nature of the act itself. A seizure of a person involves the use of physical force or the assertion of authority by law enforcement to take a person into custody. This can include actions such as arresting someone, which inherently requires that the officer has the necessary legal grounds, like probable cause, and often encompasses physical contact or restraint.

In contrast, the seizure of property does not necessitate the same level of authority or physical presence over an individual. Seizing property may involve taking items or goods based on legal permission, such as executing a search warrant or following established protocols for property forfeiture. However, the act of seizing a person almost always implies a direct interaction, supervision, and, potentially, restraint.

Thus, the assertion that a seizure of a person involves physical force or authority correctly identifies a legally significant aspect of how individuals are apprehended, distinguishing it from the more procedural process that might govern the seizure of property.