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 Definition In Mecklenburg
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Mecklenburg
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US-000277
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Writs of assistance were documents which served as a general search warrant, allowing customs officials to enter any ship or building that they suspected for any reason might hold smuggled goods.
In general, customs writs of assistance served as general search warrants that did not expire, allowing customs officials to search anywhere for smuggled goods without having to obtain a specific warrant.
A writ of assistance is an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership. This writ, which may also be called a writ of restitution or writ of possession, usually serves as an eviction from real property.
A writ is just another word for a court order. The Writs of Assistance were court orders that enabled British soldiers to carry out searches of colonial homes and businesses without just cause or specific substantiation. The Writs of Assistance played a major role in the colonists' dissatisfaction with England.
Writs of assistance were general search warrants that British American courts began issuing to empower customs officials to combat smuggling.
One example of a writ of assistance would be the Malcolm Affair. In this case, customs officials searched the home of Daniel Malcolm. However, Malcolm would not let them search a part of his cellar without the legal right to do so by threatening violence if they did because he believed they were acting illegally.
Meanwhile in the colonies, “writs of assistance” authorized officials to track down and conduct warrantless searches for untaxed items. Both the “general warrants” and “writs of assistance” were challenged in court, but only the former was considered to be a violation of the law.
Writs of assistance are valid from the date of issue and cease to be valid six months after the end of the reign of the monarch under which the order was issued.
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.