Category Archives: Anticipatory warrant

KS: Mailed package with contraband to address justifies SW for address

A package in the mail addressed to a house that has suspected contraband in it justifies an anticipatory warrant for the whole house. State v. Mullen, 2016 Kan. LEXIS 242 (April 22, 2016). Defendant’s furtive movements during a traffic stop … Continue reading

Posted in Anticipatory warrant, Protective sweep | Comments Off

M.D.Ga.: Anticipatory warrant’s condition clearly occurred so search valid

The triggering condition in the anticipatory warrant clearly occurred, and the warrant was timely executed. United States v. Bright, 2016 U.S. Dist. LEXIS 51979 (M.D.Ga. April 19, 2016).* Aside from other indicators of driving under the influence defendant consumed a … Continue reading

Posted in Anticipatory warrant, Protective sweep, Reasonable suspicion | Comments Off

IL: Mere “acceptance” of a package for an anticipatory warrant is overbroad

This anticipatory warrant’s triggering condition was “accept[ance]” of a package, not opening it although there were devices on it to tell the police that, too. Mere acceptance of the package makes it overbroad and vests too much discretion in the … Continue reading

Posted in Anticipatory warrant, Overbreadth | Comments Off