Writs of Assistance

A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff to perform a certain task. Historically, several types of writs have been called "writs of assistance".[1] Most often, a writ of assistance is "used to enforce an order for the possession of lands".[2] When used to evict someone from real property, such a writ is also called a writ of restitution or a writ of possession.[3] In the area of customs, writs of assistance were a product of enactments of the British Parliament beginning with the Customs Act of 1660 (12 Charles II c.11, sec. 1) though the first mention of the phrase was in the follow-up Customs Act of 1662 (14 Charles II, c.11, sec.4).[4] The writs of assistance were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" the customs official in carrying out his duties.[5]

IC 36-2-13-5: The Sheriff has the following specific powers and duties:

  • The Sheriff must arrest without process persons who commit an offense within his view, take them before a court of the county having jurisdiction, and detain them in custody until the cause of the arrest has been investigated.
  • The Sheriff must suppress the breaches of peace, calling the power of the county to his aid if necessary.
  • The Sheriff must pursue and jail all felons.
  • The Sheriff must execute all process directed to him by legal authority.
  • The Sheriff must serve all process directed to him from a court or the county executive.
  • The Sheriff must attend and preserve order in all courts of the county.
  • The Sheriff must take care of the county jail and the prisoners there.

If you need assistance with a writ of assistance order, please contact our office at 812-462-3226 x 7339 or via email at writs@vigosheriff.in.gov.