- search
- "Search" consists of looking for or seeking out that which is otherwise concealed from view. People v. Carlson, Colo., 677 P.2d 310, 316.An examination of a person's house or other buildings or premises, or of his person, or of his vehicle, aircraft, etc., with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he is charged. State v. Woodall, 16 Ohio Misc. 226, 241 N.E.2d 755, 757.A "search" implies prying into hidden places for that which is concealed and that the object searched for had been hidden or intentionally put out of the way; merely looking at that which is open to view is not a search. People v. Harris, 256 C.A.2d 455, 63 Cal.Rptr. 849, 852.It consists of probing or exploration for something that is concealed or hidden from searcher; an invasion, a quest with some sort of force, either actual or constructive. People v. Carroll, 12 Ill.App.3d 869, 299 N.E.2d 134, 140.Visual observation which infringes upon a person's reasonable expectation of privacy constitutes a "search" in the constitutional sense. People v. Harfmann, Colo.App., 555 P.2d 187, 189.A "search" to which the exclusionary rule may apply is one in which there is a quest for, a looking for, or a seeking out of that which offends against the law by law enforcement personnel or their agents. Vargas v. State, Tex.Cr.App., 542 S.W.2d 151, 153.Unreasonable searches and seizures are prohibited by the Fourth Amendment, U.S. Const.See also border search- fruit of poisonous tree doctrine- inspection searches- probable cause- reasonable suspicion- search warrant- seizure- warrant.International law.The right of search is the right on the part of ships of war to visit and search merchant vessels during war, in order to ascertain whether the ship or cargo is liable to seizure. Resistance to visitation and search by a neutral vessel makes the vessel and cargo liable to confiscation. Numerous treaties regulate the manner in which the right of search must be exercised.@ title searchAn examination of the official books, records and dockets, made in the process of investigating a title to land, for the purpose of discovering if there are any mortgages, judgments, tax-liens, or other incumbrances upon it.See also abstract of title.+ title searchAn examination of the records of the registry of deeds or other office which contains records of title documents to determine whether title to the property is good; i.e. whether there are any defects in the title. The examiner then prepares an abstract of the documents examined.See also abstract of title@ unlawful or unreasonable search@ unlawful search@ unreasonable searchunlawful or unreasonable searchWithin constitutional immunity (Fourth Amendment) from unreasonable searches and seizures, an examination or inspection without authority of law of premises or person with view to discovery of stolen, contraband, or illicit property, or for some evidence of guilt to be used in prosecution of criminal action. Bush v. State, 64 Okl.Cr. 161, 77 P.2d 1184, 1187.- fruit of poisonous tree doctrine- probable cause- search warrant.@ voluntary searchAs used in context of consent to search, means that consent was not result of duress or coercion, express or implied, or any other form of undue influence exercised against defendant. People v. Thiret, Colo., 685 P.2d 193, 200.See consent search@ search incident to arrestA police officer who has the right to arrest a person either with or without a warrant may search his person and the immediate area of the arrest for weapons. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685@ search warrantAn order in writing, issued by a justice or other magistrate, in the name of the state, directed to a sheriff, constable, or other officer, authorizing him to search for and seize any property that constitutes evidence of the commission of a crime, contraband, the fruits of crime, or things otherwise criminally possessed; or, property designed or intended for use or which is or has been used as the means of committing a crime. A warrant may be issued upon an affidavit or sworn oral testimony. Fed.R.Crim.P. 41; 18 U.S.C.A. No. 3101 et seq.The Fourth Amendment to U.S. Constitution provides that "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."See also anticipatory search warrant- probable cause- search.@ general search warrantA "general warrant" for search is one which fails to sufficiently specify place or person to be searched or things to be seized and is illegal (under Fourth Amendment) as authorizing random or blanket search in discretion of police. Frey v. State, 3 Md.App. 38, 237 A.2d 774, 779, 780@ search without warrantA search without a warrant but incidental to an arrest is permitted if it does not extend beyond the person of the accused and the area into which the accused might reach in order to grab a weapon or other evidentiary items. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.See also search incident to arrest@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.
