SEARCH-WARRANT. In Practice. A warrant requiring the officer to whom it is addressed to search a house, or other place, therein specified, for property therein alleged to have been stolen, and, if the same shall be found upon such search, to bring the goods so found, together with the body of the person occupying the same, who is named, before the justice or other officer granting the warrant, or some other justice of the peace, or other lawfully-authorized officer.
2. It should be given under the hand and seal of the justice, and dated.
The constitution of the United States, Amendments, art. 4, declares that " the right of the people to be secure in then persons, houses, papers, and effects against unreason able searches and seizures, shall not be vio lated ; and no warrants shall issue but upon probable cause, supported by oath or affirm ation, and particularly describing the place to be searched, and the person or thing to ba seized." See 11 Johns. N. Y. 500; 3 Crunch, 447.
3. Lord Hale, 2 Pl. Cr. 149, 150, reoom mends great caution in granting such war rants :—first, that they be not granted with out oath rnade before a justice of a felony committed, and that the complainant has pmbable cause to suspect that the goods are in such a house or place, and his reasons for such suspicion, see 2 Wile. 283 ; 1 Dowl.
97 •, 13 Mass. 236 ; 5 Ired. No. C. 45 ; 1 R. L 464 ; second, that such warrants express that the search shall be made in daytime ; third, that they ought to be directed to a constable or other proper officer, and not to a private person ; fourth, that they ought to conunand the officer to bring the stolen goods, and the person in whose custody they 'are, before some justice of the peace. See 6 Barnew. SG C. 332 ; 5 1VIete. Mass. 98 ; 4 Wash. C. C. . They should designate the place to be searched. 1 Mees. & W. Exch, 255 ; 2 Mete. Mass. 329; 5 id. 98 ; 2 J. J. Marsh. Ky. 44 ; 6 Blackf. Ind. 249 ; 1 Conn. 40. Trespass will not lie against a party who has procured a search-warrant to search for stolen goods,' if the warrant be duly issued and regularly executed. 0 Wend. N. Y. 382. And see 6 Me. 421; 2 Conn. 700 ; 9 id. 141 ; 10 Johns. N. Y. 263 ; 11 Mass. 500 ; 2 Litt. Ky. 231 ; 6 Gill & J. Md. 377.