This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Writ Of Assistance Revolutionary War In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A general warrant is a type of warrant that gives a law-enforcement officer broad authority to search and seize unspecified places or persons. It is a search or arrest warrant that lacks a sufficiently particularized description of the person or thing to be seized or the place to be searched.
Jump to essay-1See Riley v. California, 573 U.S. 373, 403 (2014) (explaining that the Fourth Amendment was the founding generation's response to the reviled 'general warrants' and 'writs of assistance' of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of ...
The Writs of Assistance were documents that enabled British soldiers unfettered access to search colonial homes and businesses while seizing property. Just prior to the American Revolutionary War, they represented the growing mistrust between the colonists and the British.
Among the grounds for which the colonists opposed the writs were that they were permanent and even transferable; the holder of a writ could assign it to another; any place could be searched at the whim of the holder; and searchers were not responsible for any damage they caused.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court, at the discretion of the judge, after judgment is rendered.
Writs of assistance alarmed colonists because they were general search warrants that allowed customs officials to search anywhere they chose for smuggled goods.
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance".
Colonists and Many British observers were outraged at the blatant neglect of what had been traditionally considered British liberties. Most notably, the writs allowed officials to enter and ransack private homes without proving probable cause for suspicion, a traditional prerequisite to a search.
The Writs, essentially a court order, granted immense power to customs officials, which unsettled the colonists. James Otis, a lawyer, raised an argument against the Writs soon after their establishment that eventually reached the Superior Court of Massachusetts.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court, at the discretion of the judge, after judgment is rendered.