Search
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
A careful, strict examination; usually one made by authority of law. There is a search made by officers of a vessel of one nation visiting and examining the papers of a vessel of another nation, to see whether she carries goods contraband of war, is sailing on a prohibited adventure, &c. There is a search made in the proper record office, to discover whether any conveyances, mortgages, mechanics' liens, judgments, &c., exist against real property about to be sold; and the officers who make such examinations their business are called searchers. There is a search allowable of the premises of a person who is believed to have stolen gojds, illicit distilling or gambling apparatus, smuggled merchandise, intoxicating liquors kept for unlawful sale, or other articles, concealed; and there are other kinds.
Search-warrant.
An authority in writing from a court or magistrate requiring the officer to whom it is addressed to make examination of a house or other place specified, for things alleged to be there unlawfully concealed. A familiar of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized." The same principle is recognized by English judicial authorities.
See 2 Hale P. C. 149.