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Legal Definitions of Search, Search, and Right To Search

Apr 23, 2022

An inspection of a man’s home or person to seek evidence of his guilt in connection with any crime or misdemeanour of which he is suspected.

SEARCH

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      • RIGHT OF SEARCH
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SEARCH

An inspection of a man’s home, property, or person to uncover evidence of his guilt in connection to any crime or misdemeanour of which he is suspected.

Amendment IV of the United States Constitution protects citizens against excessive searches and seizures.

By the act of March 2, 1799, it is enacted that every collector, naval officer, and surveyor, or other person specially appointed, by either of them, for that purpose, shall have fall power and authority to enter any ship or vessel, in which they shall have reason to suspect any goods, wares, or merchandise, subject to duty, are concealed, and therein to search for, seize, and secure any such goods, wares, or merchandise; and if they shall have cause to suspect a concealment thereof in any particular dwelling house, store, building, or other place they or either of them shall; upon proper application, on oath, to any justice of the peace, be entitled to a warrant to enter such house, store, or other place, (in the day time only, and there to search for such goods; and if any shall be found, to seize and secure the same for trial; and all such goods, wares, and merchandise, on which the duties shall not have been paid, or secured to be paid, shall be forfeited practice. An examination conducted at the appropriate lien office for mortgages, liens, judgements, or other encumbrances on real land. The officer’s certificate indicating the outcome of such an inspection is sometimes referred to as a search.

2. Conveyancers and others who cause searches to be conducted should exercise extreme caution to ensure that they are accurate in terms of 1. the period during which the person against whom the search is conducted possessed the premises. 2. To the property being searched for, which should be adequately stated. 3. In the form of a search certificate.

RIGHT OF SEARCH

law of marriage A belligerent’s right to examine and scrutinise the documents of a neutral vessel at sea. This is known as the right of visit on the European continent.

2. The right does not extend to inspecting the cargo or boarding a ship of war; it is entirely limited to checking trade vessels. The purpose of exercising the privilege is to prevent the trafficking of illegal products. Despite periodic opposition from strong neutral states, this privilege looks to be set beyond challenge. The punishment for forcefully opposing this privilege is forfeiture of the property that has been withheld from visitation. The neutral has no right to oppose a search, unless in severe situations of flagrant violation of his right by a belligerent.

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