Category Archives: Anticipatory warrant

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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IA: While Iowa doesn’t recognize anticipatory warrants by statute, a federal anticipatory SW that ended up in state court was valid

“The defendant now appeals, arguing among other things that Iowa’s search warrant statutes do not authorize anticipatory warrants. We agree, but hold that where the federal government conducts a search pursuant to a valid federal search warrant for purposes of … Continue reading

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HI imposes triggering condition in anticipatory warrants under state constitution

“We are faced with a question of first impression for this court: Does the Hawai’i Constitution require that an anticipatory search warrant identify the triggering condition on the face of the warrant? In light of the privacy protections contained in … Continue reading

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VA: Grubbs and its “sure course” analysis isn’t the only way to prove an anticipatory warrant; PC and nexus also enough.

Grubbs and its “sure course” analysis isn’t the only way to prove an anticipatory warrant. Probable cause and nexus are also enough. Taylor v. Commonwealth, 2016 Va. App. LEXIS 238 (Sept. 13, 2016):

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MA: Anticipatory SW for cell phone held by attorneys is granted; PC shown there is evidence available

Defendant gave his attorneys his cell phone, and it likely had text messages on it relevant to a murder investigation. A subpoena for the phone previously failed because of attorney-client privilege. Now the state seeks an anticipatory search warrant for … Continue reading

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D.Haw.: False alert package was opened didn’t nullify reasonable belief of exigent circumstances

The package had a GPS and a trigger “alarm” or alert for when it was opened. Here, however, the trigger alert was subject to failure if the package was dropped with sufficient force. Officers assembled outside the apartment, and the … Continue reading

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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

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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

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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

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