Category Archives: Anticipatory warrant

CA6: SW’s flexibility as to when it could be executed didn’t make it an anticipatory warrant with a triggering condition

The search warrant reasonably provided flexibility as to when it would be executed, but it was not an anticipatory warrant at all. United States v. Huntley, 2018 U.S. App. LEXIS 20956 (6th Cir. July 30, 2018):

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KS: Warning officers about self-incrimination at suppression hearing deterrent enough; no exclusion

Kansas police officers can go outside their jurisdiction when requested to do so. Kansas statute implies an exclusionary remedy. Here, the officers appear to have violated the statute, but the district court warned the officers against self-incrimination at the hearing … Continue reading

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M.D.Tenn.: Even if Karo didn’t permit monitoring a tracker on a package brought into the house, there was PC anyway

Even if Karo required excising or excluding the statement in the affidavit for search warrant that the package was in the target residence for the anticipatory warrant, there was probable cause without it, so it doesn’t matter. United States v. … Continue reading

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CA6: When an anticipatory SW says delivery to X, X has to receive it for search to occur

When the triggering event in an anticipatory search warrant doesn’t occur, then the search can’t occur. Here it was to a named person. Somebody else accepting it isn’t acceptable. “In this case, requiring delivery to Perkins is the only common … Continue reading

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OH8: No standing in a package neither sent nor to be received by def

Defendant lacked standing to challenge the placing of the GPS tracking device on the package because she was neither the sender nor addressee of the package and demonstrated no reasonable expectation of privacy in the package. The police could validly … Continue reading

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CA9: Officer could enter door of screened in porch to knock on house door with package and anticipatory warrant

An officer with a package and an anticipatory search warrant did not violate the curtilage by entering through defendant’s screen door to approach the front door when he could see that there were other packages on a table by the … Continue reading

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C.D.Ill.: SW could permit adding breakaway filaments to package for anticipatory warrant

It was not unreasonable nor a violation of the Fourth Amendment for a warrant to permit officers to add breakaway filaments to a package as a triggering notice for an anticipatory warrant. United States v. Halliburton, 2018 U.S. Dist. LEXIS … Continue reading

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C.D.Ill.: The conditions precedent for this anticipatory warrant were vague, but it still wasn’t unreasonable when finally executed

The conditions precedent for execution of this anticipatory warrant were vague, but not so vague that it was unreasonable when executed. “The Court … finds and recommends that both triggering events for the warrant occurred. Moreover, even if those events … Continue reading

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OH3: PC for anticipatory SW exists here merely because drug traffickers commonly use their home to store drugs

The trial court did not err by denying the motion to suppress because the issuing judge had a substantial basis for concluding that probable cause for an anticipatory search warrant existed. Evidence of drug trafficking, without more, furnished probable cause … Continue reading

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OH3: It’s not constitutionally required that the triggering condition of an anticipatory SW be stated

The triggering condition for the anticipatory search warrant was provided for in the warrant, but that’s not constitutionally required. It did not matter that defendant was a guest in the premises. There was a fair probability that the triggering conditions … Continue reading

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W.D.Mo.: Writing “return to sender” and putting package back on porch didn’t nullify PC for anticipatory warrant

The fact a package with drugs is coming to a particular address is enough to issue an anticipatory warrant for that address. A prior history of that address and drugs isn’t required. When the triggering condition is taking the package … Continue reading

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E.D.Tenn.: Triggering event for anticipatory warrant not met, and suppression granted

The specific triggering event for this anticipatory warrant was handing the package to defendant, but that did not happen. The police entered anyway and seized. The Sixth Circuit recognizes that the triggering event has to be considered in a common … Continue reading

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