Assistance, Writ of

AuthorWilliam J. Cuddihy
Pages132

Page 132

The term "writ of assistance" is applied to several distinct types of legal documents. Of greatest significance to American constitutional history was the writ of assistance issued to customs inspectors by the English Court of the Exchequer authorizing the search of all houses suspected of containing contraband. Such writs were first used no later than 1621, and their form was codified in 1662. They are still used regularly in Britain and in many nations of the British Commonwealth.

In colonial America, writs of assistance were used as GENERAL SEARCH WARRANTS and were authorized by a statute of the British Parliament. In a famous Massachusetts case, PAXTON ' SCASE (1761), JAMES OTIS argued that the statute authorizing writs of assistance should be held invalid because it was contrary to MAGNA CARTA and the COMMON LAW; but his argument was rejected. The colonial experience with writs of assistance led to the requirement in the FOURTH AMENDMENT that SEARCH WARRANTS particularly describe the place to be searched and the object of the search.

WILLIAM J. CUDDIHY

(1986)

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