general warrant

The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.

A process which used to issue from the state secretary’s office, to take up (without naming any person in particular) the author, printer, and publisher of such obscene and seditious libels as were particularly specified in it The practice of issuing such warrants was common in early English history, but it received its death blow from Lord Camden, in the time of Wilkes. The latter was arrested and his private papers taken -possession of under such a warrant, on a charge of seditious libel in publishing No. 45 of the • North Briton. He recovered heavy damages against Lord Halifax who Issued the warrant. Pratt, C. J., declared the practice to be “totally subversive of the liberty of the subject,” and with the unanimous concurrence of the other judges condemned this dangerous and unconstitutional practice. See May, Const. Hist, of England; 5 Co. 91; 2 Wils. 151, 275; Bell v. Clapp, 10 Johns. (N. Y.) 263, 6 Am. Dec. 339; Sailly v. Smith, 11 Johns. (N. Y.) 500 J Cooley, Const. Lim. 369. Such warrants were declared illegal and void for uncertainty by a vote of the house of commons. Com. Jour. 22, April, 1766; Whart. Law Diet. A writ of assistance. The issuing of these was one of the causes of the American Revolution. They were a species of general warrant, being directed to “all and singular justices, sheriffs, constables and all other officers and subjects,” empowering them to enter and search any house for uncustomed goods, and to command all to assist them. These writs were perpetual, there being no return to them. They were not executed, owing to the eloquent argument of Otis before the supreme court of Massachusetts against their legality. See Tudor, Life of Otis 66; Story, Const 1901.

A process which formerly issued from the state secretary's office in England to take up (without naming any persons) the author, printer, and publisher of such obscene and seditious libels as were specified in it. It was declared illegal and void for uncertainty by a vote of the house of commons on the 22d April, 1766. Wharton.

Defined under Warrant in Black's Law Dictionary.

A_ process which formerly issued from the state secretary’s office in England to take up (without naming any persons) the author, printer, and publisher of such obscene and seilitious libels as were specilied in it. It was declared illegal and void for uncertainty by a vote of the house of commons on the 22d April, 1766. Wharton.

A process which formerly issued from the state secretary's office in England, to take up, (without naming any persons in particular,) the author, printer and publisher of certain libels specified in it. It was declared illegal and void for uncertainty by a vote of the House of Commons. Com. Joum. 22 April, 1766.