right of search
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search, right of.1 In domestic law, the right of officials to search persons or private property, usually obtained through some form of search warrantsearch warrant,
in law, written order by an official of a court authorizing an officer to search in a specified place for specified objects and to seize them if found. The objects sought may be stolen goods or physical evidences of the commission of crime (e.g., narcotics).
..... Click the link for more information. authorized by a court. In the United States, the Fourth Amendment to the U.S. Constitution guarantees the security of the people "in their persons, houses, papers, and effects, against unreasonable searches and seizures," and requires that a search warrant, based on "probable cause," be obtained by police. The wording of the amendment, however, has proved open to widely varying interpretations. Thus, eavesdropping, including electronic "bugging," was long considered not to require a warrant, and the nature of "probable cause" has been debated over the years.
In the 1960s the Supreme Court strengthened protections against "unreasonable" searches and seizures by applying exclusionary rules, barring the use of illegally collected evidence in court. Since the 1980s, however, a more conservative Court has undercut the force of exclusionary rules, allowing the use of evidence collected "in good faith" even if without a valid warrant. Government officials have been given wider access to telephone and bank records, and a nationwide antidrug campaign has led to the use of "stop and frisk" searches, particularly in the nation's cities. In the 1990s congressional conservatives sought to write into federal statute the greater leeway allowed police by the Court.
2 In international law the right of search denotes the right of a warship to detain and search a private vessel belonging to a foreign national. In peacetime, this right is ordinarily exercised only within the territorial waters (see waters, territorialwaters, territorial,
all waters within the jurisdiction, recognized in international law, of a country. Certain waters by their situation are controlled by one nation; these include wholly enclosed inland seas, lakes, and rivers.
..... Click the link for more information. ) of a state and merely as an incident of the power to police such waters, and generally only in such cases as suspected piracy, violation of fishing regulations, or interference with telephone cables. In wartime, however, a belligerent may search neutral vessels on the high seas in order to capture the property of enemy nationals or to remove contrabandcontraband,
in international law, goods necessary or useful in the prosecution of war that a belligerent may lawfully seize from a neutral who is attempting to deliver them to the enemy. The term is sometimes also applied to the goods carried into a country by smuggling.
..... Click the link for more information. bound for enemy ports. Forcible resistance to search allows the warship to attack or destroy the vessel or its cargo or to take them as a prizeprize,
in maritime law, the private property of an enemy that a belligerent captures at sea. For the capture of the vessel or cargo to be lawful it must be made outside neutral waters and by authority of the belligerent.
..... Click the link for more information. . The right of search is also called the right of visit and search.