Writ Of Assistance Definition In Phoenix
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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".
Writ of assistance, in English and American colonial history, a general search warrant issued by superior provincial courts to assist the British government in enforcing trade and navigation laws.
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 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.
In most cases, the landlord can go back to the court after five days to get a writ of restitution. (ARS § 12-1178.) If the eviction action was filed based on an immediate and irreparable breach, the landlord can obtain the writ of restitution the next court day.
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.
The purpose of a writ is to enforce rights, compel actions, or correct errors. Writs are fundamental tools in both civil and criminal law, making sure that judicial decisions and legal principles are upheld.
In New England, smuggling had become common. However, officers could not search a person's property without giving a reason. Colonists protested that the writs violated their rights as British subjects.
Writs of assistance were general search warrants that British American courts began issuing to empower customs officials to combat smuggling.
In California, a judgment creditor can request a writ of execution from the court that entered the initial judgment. This compelling document empowers law enforcement officers to seize assets.
