英文法律词典 S-17

SEARCH, practice. An examination made in the proper lien¹ office for mortgages, liens², judgments³, or other encumbrances⁴, against real estate. The certificate given by the officer as to the result of such examination is also called a search.

2. Conveyancers and others who cause searches to be made ought to be very careful that they should be correct, with regard, 1. To the time during which the person against whom the search has been made owned the premises⁵. 2. To the property searched against, which ought to be properly described. 3. To the form of the certificate of search.

SEARCH, RIGHT OF, mar⁶. law. The right existing in a belligerent⁷ to examine and inspect the papers of a neutral vessel⁸ at sea. On the continent of Europe, this is called the right of visit. Dalloz, Dict. mots Prises Maritimes, n. 104-111.

2. The right does not extend to examine the cargo⁹; nor does it extend to a ship of war, it being strictly¹⁰ confined to the searching of merchant vessels¹¹. The exercise of the right is to prevent the commerce of contraband¹² goods. Although frequently resisted by powerful neutral nations, yet this right appears now to be fixed¹³ beyond contravention. The penalty for violently resisting this right is the confiscation¹⁴ of the property so withheld¹⁵ from visitation. Unless 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; Mann. Comm. B. 3, c. 11.

SEARCH WARRANT, crim. law, practice. A warrant (q. v.) requiring the officer to whom it is addressed, to search a house or other place therein specified¹⁶, for property therein alleged¹⁷ to have been stolen; and if the same shall be found upon such search, to bring the goods so found, together with the body of the person occupying the same, who is named, before the justice or other officer granting the warrant, or some other justice of the peace, or other lawfully¹⁸ authorized¹⁹ officer. It should be given under the hand and seal of the justice, and dated.

2. The constitution of the United States, amendments²⁰, art. 4, declares that "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable²¹ searches and seizures²², 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 things to be seized."

3. Lord Hale, 2 P. C. 149, 150, recommends great caution in granting such warrants. 1. That they be, not granted without oath made before a justice of a felony committed, and that the complainant has probable cause to suspect they are in such a house or place, and his reasons for such suspicion. 2. That such warrants express that the search shall be made in day time. 3. That they ought to be directed to a constable²³ or other proper officer, and not to a private person. 4. A search warrant ought to command the officer to bring the stolen goods and the person in whose custody²⁴ they are, before some justice of the peace. Vide 1 Chit. Cr. Law, 57, 64; 4 Inst. 176; Hawk²⁵. B. 2, c. 13, s. 17, n. 6; 11 St. Tr; 321; 2 Wils. 149, 291; Burn's Just. h. t.; Williams' Just. h. t.