search

a search is not to be made legal by what it turns up. In law it is good or bad when it starts and does not change character from its success.

In Criminal Law. An examination of a man's house, premises, or person, for the purpose of discovering stolen or contraband goods, or proof of his guilt in relation to some crime or misdemeanor of which he is accused. The constitution of the United States (Amend, art. 4) protects the people from unreasonable searches and seizures. 3 Story, Const. § 1895; Rawle, Const, c. 10, p. 127; 10 Johns. (N. Y.) 263; 11 Johns. (N. Y.) 500; 1 U. S. St. at Large, 651; 3 Cranch (U. S.) 447. In Practice. An examination made in the proper lien office for mortgages, liena, judgments, or other incumbrances against real estate. The certificate given by the officer as to the result of such examination is also called a "search." Conveyancers and others who cause searches to be made ought to be very careful that they should be correct with regard to the time during which the person against whom the search has been made owned the premises, to the property searched against,

An examination of a man’s house, premises, or person, for the purpose of discovering proof of his guilt in relation to some crime or misdemeanor of which he Is accused. See Search Warrant. By act of March 2, 1799, s. 68, it is enacted that every collector, naval officer, and surveyor, or other person specially appointed by either of them for that purpose, shall, if they have reason to suspect the concealment of merchandise, in any place, have full power and authority to enter any ship or vessel or any dwelling house in the daytime, upon a warrant obtained on application from any justice of the peace, etc., or any federal district judge or commissioner, to search for goods forfeited for non-payment of duties; R. S. § 3066, as amended April 25, 1882. In England a prisoner arrested for an which will afford material evidence for the prosecution or any weapon or instrument which might be used for the purpose of escape or of inflicting injury on himself or others. There does not appear to be any authority permitting the search of prisoners for other purposes than the above, and there have been cases in which the court has directed property taken from an nnconvicted person and not necessary to be used for the purpose of evidence, to be returned to him. It is said that money not connected with the offence charged should not be taken from a prisoner. Women should be employed to search female prisoners. The person’s lodgings and effects may also be searched. In England special statutory provisions as to searching are made in the case of numerous specified crimes; see Haycraft, Ex. Pow. in Rel. to Crime. Where one was fined for drunkenness and the mayor, as a committing magistrate, found certain money on his person and applied it, against his protest, to the payment of the fine, and the prisoner insisted upon his right to accept imprisonment in place of a fine, it was held that the mayor was justified; Mc- Cann v. Barr, 19 Pa. Co. Ct. R. 669. Officers making arrests may seize articles on a prisoner and retain them for the purposes of evidence against him, though they belong to other parties; 36 Wash. L. Rep. 421. See Prisoner. An English act (1897) provides that police magistrates may order the return of such articles, or, if not claimed, may make such order as to their disposal as they deem proper. See Search Warrant; Search, Right of. In Practice. An examination made in the proper lien office for mortgages, liens, judgments, or other incumbrances against real estate. The certificate given by the officer as to the result of such examination is also called a search. See Record; Judgment; Lien.

In international law. The right of search ls the right on the part of ships of war to visit and search merchant vessels during war, in order to ascertain whether the ship or cargo ls liable to seizure. Resistance to visitation and search by a neu' tral vessel makes the vessel and cargo liable to confiscation. Numerous treaties regulate the manner in which the right of search must be exercised. Man. Int. Law, 433; Sweet.

In criminal law. An examination of a man's house or other buildings or premises, or of his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for som crime or offense with which he is charged.

In practice. An examination of the official books and dockets, made in the pro-coss of investigating a title to land, for the purpose of discovering if there are any mortgages, judgments, tax-liens, or other incumbrances upon it.

An examination or inspection, — as of records, for particulars affecting title, or of a house for evidence of the commission of an alleged offense. Search, right of: v. Right. Search warrant: a warrant granted by a magistrate, authorizing the search of premises, usually for goods stolen, but sometimes for other purposes.

A careful examination; an examination or inspection authorized by law. It may be (1) of legal records in their proper office, for acts and proceedings affecting title to realty, such as conveyances, mortgages, mechanics' liens, municipal liens, judgments. The certificate of such examination is also called a search; and searcher describes the person who makes the examination. See Name, 1. ' Smith V. Butler, 25 N. H. 524 { ' Board of Education v. Fonda, 77 N. T. 355 (1879). ' Stanton v. Embrey, 93 U. S. 555 (1876), cases. It may be (2) of a man's house, possessions, or person, tor the discovery of proof of an offense with which he is charged. In this sense a search may be for matter unlawfully deposited in the mails; for gambling apparatus; for implements used in counterfeiting; for Intoxicating liquors kept for unlawful sale; or for other articles unlawfully concealed; also, for frauds attempted upon the revenue; and for liquors intended for illegal introduction into the Indian country. Search-warrant. Written autliority from a court or magistrate for the examination of a designated house or place for articles alleged to be concealed there contrary to law, — frequently for stolen property. ** The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seiziu-es, 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 persons or things to be seized." ' Search for and seizure of stolen or forfeited goods, or goods concealed in order to avoid the payment of duties, are totally different things from a search for and a seizure of a man's private papers for use as evidence against him. In the one case the government is entitled to the possession of the property; in the other it is not. The seizure of stolen goods is authorized by the common law; and the seizure of goods forfeited for a breach of the revenue laws or concealed to avoid paying duties has been authorized by English statutes for two centuries, and by our revenue acts since the commencement of the government, the first act, that of July 31, 1789, being passed by the Congress which proposed the first ten amendments. To ascertain what was meant by " unreasonable searches and seizures," as used in the Fourth Amendment, it is only necessary to recall the controversies had upon the subject. The practice had obtained in the colonies of issuing writs of assistance to revenue officers, empowering them in their discretion to search suspected places for smuggled goods. This practice had been bitterly denounced, as "placing the liberty of every man in the hands of every petty officer." In England, from 1768, when the North Briton was started by John Wilkes, to 1766, when the Commons condemned general warrants for the seizure of persons or papers, a controversy was carried on between the government and Wilkes, he insisting upon the abolition of certain abuses, chief among which was the issuing of general warrants by the secretary of state to search private houses for evidence against alleged libelers of the administration. Several numbers of the North Briton being viewed as heinously libelous, Lord Halifax issued a general warrant for the apprehension of the supposed offenders. On the authority of this warrant Wilkes's house was searched in his absence, and all • Constitution, Amd. IV. Ratified Dec. 15, 1791. See provisions to same effect in the constitutions of the his papers, including even his will, were indiscriminately seized. For the outrage Wilkes recovered a verdict of £100') against one of the messengers who had made the search, and £4000 against Lord Halifax, who had issued the warrant. Another case, also f re.sh in memory in 1791, was that of Entick v. Carrington, for entering the plaintiff's dwelling, breaking open his desks, boxes, etc., and examining his papers. In this case Lord Camden pronounced the judgment of the court (on a special verdict) in 1765, and the law has ever since been regarded as fettled, the decision being considered a land-mark in English history. The principles laid down affect the very essence of constitutional liberty and security. They reach further than the concrete form of the case then before the court, with its adventitious circumstances; they apply to all invasions on the part of the government and its employes of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors and the rummaging of his drawers that constitutes the essence of the offense, but rather the invasion of his indefeasible right of personal security, personal liberty, and private property, where that right has not been forfeited by conviction for an offense. Any forcible and compulsory extortion of a man's own testimony or of his private papers to be used as evidence to convict him of crime or to forfeit his goods is within the condemnation of the judgment pronounced by Lord Camden. The "unreasonable searches and seizures" condemned in the Fourth Amendment are most always made for the pui-pose of compelling a man to give evidence against himself, which in criminal cases is condemned in the Fifth Amendment; and compelling a man " in a criminal case to be a witness against himself," throws light upon the question as to what is an "unreasonable search and seizure," Seizing a man's private books and papers to be used in evidence against him is not different from compelling him to be a witness against himself.' See Health, Boards of; Post-opfice; Seizure; SuBPtENA, Duces; Trade-mark. Right of search. The right in a belligerent to stop a neutral vessel on the high seas, to go on board of her, examine her papers, and, it may be, even her cargo — in short, to ascertain by personal inspection whether or not she is conveying hostile or contraband goods. A war right; applicable to merchant ships alone; to be exercised in such a way as to attain its object, and nothing more. The duty of submitting to the search is well established in international law. Treaties 1 Boyd V. United States, 116 U. S, 616, 622-30, 633 (1886), Bradley, J. Revenue Act 38 Jime, 1874: R. S. § 3091. See Semayne's Case, 5 Coke, 91 (1605); Wilkes's Case, 2 Wils. 150 (1763); Entick's Case, ib. 875 (1765); 8 Hale, P. C. 149; 8 Story, Const. § 1903; Cooley, Const. Lim. 800-8, cases; May's Const. Hist. Eng. c. II; 2 Banhave been entered into regulating the exercise of the right.' See Visit, 1.

right of. The right of belligerent powers to search neutral vessels for contraband goods or enemy's property. Searchwarrant: is granted by a justice of the peace for the searching of a house, shop, or other premises, for stolen or unlawful goods.

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.

RIGHT OF, mar. law. The right existing in a belligerent to examine and inspcct the papers of a neutral vessel at sea. The right does not extend to examine the cargo; nor does it extend to a ship of war, it being strictly confined to the searching of merchant vessels. The exercise of this right is to prevent the commerce of contraband goods. Although frequently resisted by powerful neutral nations, yet this right appears now to be fixed beyond contravention. The penalty for violently resisting this right is the confiscation of the proso withheld from visitation. perty nless in extreme cases of gross abuse of his right by a belligerent, the neutral has no right to resist a search. 1 Kent, Com. 154; 2 Bro. Civ. and Adm. Law, 319.