Not included in the category of persons or property subject to seizure by warrant?

Not included in the category of persons or property subject to seizure by warrant?

• A. A person unlawfully restrained
• B. A person not in custody and with no crime
• C. Evidence of a crime
• D. Contraband

Answer: (B)

Warrants authorize the seizure of items or the apprehension of people only when there is probable cause that a crime has occurred and that the person or item is connected to that crime (or that contraband/evidence is present). A person who is not in custody and has no crime has no basis for seizure or arrest, since there’s no crime to link them to and no justification to deprive them of liberty. The other scenarios fit seizure by warrant: someone unlawfully restraining another can be arrested; evidence of a crime can be seized; contraband can be seized during a valid search. So the option describing a person not in custody and with no crime is not subject to seizure by warrant.

Warrants authorize the seizure of items or the apprehension of people only when there is probable cause that a crime has occurred and that the person or item is connected to that crime (or that contraband/evidence is present). A person who is not in custody and has no crime has no basis for seizure or arrest, since there’s no crime to link them to and no justification to deprive them of liberty. The other scenarios fit seizure by warrant: someone unlawfully restraining another can be arrested; evidence of a crime can be seized; contraband can be seized during a valid search. So the option describing a person not in custody and with no crime is not subject to seizure by warrant.