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A warrant for assistance is a court-issued document obliging a court-appointed person to hand over documents and property to a designated official. Due to constitutional restrictions, it is rarely used in the US, except in limited circumstances such as bankruptcy and child custody cases. The British government used it to levy taxes on American settlers, leading to public outcry and difficulties enforcing court orders. The Fourth and Fourteenth Amendments of the US Constitution limit the use of assistance warrants, but they are still used in federal bankruptcy courts and child custody cases.
A warrant for assistance is a document issued by a court to a law enforcement official. This document obliges a court-appointed person to hand over documents and property to the designated official. Acts of assistance are rarely used in the United States due to constitutional restrictions on the powers of the courts. Local, state, and federal courts issue relief writs in bankruptcy and child custody cases. These limited circumstances lead to alternative titles for a deed of assistance, such as a deed of restitution and a deed of possession.
The British government used an Act of Assistance to levy taxes from American settlers following the French and Indian War in 1763. Parliament created revenue policies such as the Stamp Act in 1765 which required taxes on printed products. Settlers who failed to comply with these policies were subject to writs of assistance from the colonial courts. Increased public outcry over British taxation contributed to difficulties enforcing court orders. The American Revolution and the subsequent creation of the United States Constitution reduced the prevalence of the welfare act.
Legal scholars point to the Fourth Amendment and Fourteenth Amendment of the United States Constitution in describing the reduced use of the assist act. Fourth Amendment restrictions on unlawful searches and seizures placed federal limitations on these orders. Search warrants and assistance orders issued by courts must overcome the element of probable cause in the Fourth Amendment. The 14th amendment prevents the deprivation of life, liberty and property without due process of law. This amendment was interpreted by state courts to limit the power of federal courts to issue an assistance warrant.
Federal bankruptcy courts in the United States still use an assistance warrant to extract property documents from litigants. These courts set fixed dates for the delivery of all materials during bankruptcy proceedings. Claimants who fail to meet these deadlines are obligated by assistance warrants to deliver materials to officers. These materials include deeds, bank statements, and assets required for the liquidation of businesses. Bankruptcy courts work with the US Marshals Service and local police departments to enforce these court orders.
Another area where care warrants are issued is child custody. Local and regional courts establish the conditions for child custody in cases of divorce, abuse and probate. Failure to comply with child custody orders can lead to writs of assistance from family courts. Local and regional sheriffs are often involved in carrying out these acts of assistance. Child custody deeds may require the transfer of children to legal guardians or foster families.
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