Search is finding disabled products

Hi, I have a store that has an entire category and all the products within it disabled.
But a search for a related keyword is finding all those products.
Clicking one of those search results takes you to the product and you can order it also, bit of a problem.

I did a search and found nothing.

Could this be theme related?

My stock 1.5.1 installation doesn't behave that way, so it's a template issue, or something about some other mod you've installed.

This is 1.39h though.

Far as I know, nothing was changed between 1.3.X and 1.5.x that would affect that function.

I cannot repeat this issue in v1.3.9h ...

Yes I have other 1.39h sites that dont have the problem, we all know its not a known bug.
Maybe you could point me in a direction?
What is the main file that controls search? perhaps I could see if mine is standard.
I have a modern theme and this problem has arisen since that was installed, BUT Im not certain the problem wasnt there before we setup the new theme.

Chargin:

Yes I have other 1.39h sites that dont have the problem, we all know its not a known bug.
Maybe you could point me in a direction?
What is the main file that controls search? perhaps I could see if mine is standard.
I have a modern theme and this problem has arisen since that was installed, BUT Im not certain the problem wasnt there before we setup the new theme.

When you switch to the classic template, it should work properly. Assuming no core files were changed. Try it on each site. Odds are pointing at the new theme you've installed.