Category Archives: Anticipatory warrant

CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

Plaintiff was a Joliet police officer. A search warrant was issued for her phone, and she was concerned there were intimate photos of her. The city and officers get qualified immunity for the search itself, but she states a state … Continue reading

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S.D.N.Y.: Ptf prisoner pled enough to survive motion to dismiss because of an unnecessary and potentially abusive strip search

Prison search case: “Plaintiff alleges that his clothes were ripped off during the assault, he was left naked on the floor with his boxers barely on, and the C.E.R.T. Defendants searched him ‘without any [l]egitimate penological purpose for the strip … Continue reading

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N.D.Okla.: Anticipatory tracking warrant for money counter is without authority and nexus is speculative even if not

The government’s request for an anticipatory tracking warrant for a money counter is denied. First, there’s no apparent authority for such a warrant. Second, the government fails to show nexus. Finally, the court also thinks it speculative whether the conditions … Continue reading

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N.D.Ohio: Being the target of a search doesn’t automatically establish standing

Being the target of a search doesn’t automatically establish standing. There were four packages here sent under assumed names to assumed names. The anticipatory warrant was based on probable cause. United States v. Taylor, 2024 U.S. Dist. LEXIS 36749 (N.D. … Continue reading

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IN: State could rely on alternative theory on appeal where record supports it

The state relied on inventory at trial and prevailed. On appeal it also relies on search incident. The record developed supports that, too. Cobb v. State, 2023 Ind. App. LEXIS 299 (Oct. 26, 2023). [In my state, it’s “right result, … Continue reading

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OH7: Anticipatory warrant for prostitution

The anticipatory warrant here was for prostitution. State v. Zhang, 2023-Ohio-3173, 2023 Ohio App. LEXIS 3129 (7th Dist. Sep. 7, 2023). “The use of a drug-sniffing dog during a routine traffic stop that does not prolong the stop does not … Continue reading

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D.Mass.: No standing shown for anticipatory warrant

Defendant showed no standing to contest this anticipatory warrant for mailed drugs. United States v. Fontanez, 2023 U.S. Dist. LEXIS 141256 (D.Mass. Aug. 11, 2023).* Plaintiff’s pro se case against the police department that searched and arrested was four years … Continue reading

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TX3: SI of suitcase of arrested person was reasonable

Search incident of defendant’s suitcase that came to the police station with him was reasonable when he was arrested at a motel he hadn’t checked into yet. The police didn’t know what was in there, and safety was also a … Continue reading

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E.D.Mich.: Stop at the Detroit Greyhound bus station lacked RS

Defendant was accosted as he was getting on a Greyhound bus in Detroit and blocked from getting on the bus and asked to produce his ID, ticket, and cell phone. He said he didn’t have his ID and gave the … Continue reading

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W.D.Pa.: Anticipatory SW’s triggering condition was package going in house; landlord’s taking it in sufficient

The triggering condition in this anticipatory warrant was the package going inside the home. Here, the landlord took it in, not defendant. Still, under Grubbs, that was sufficient. United States v. Tabor, 2022 U.S. Dist. LEXIS 194653 (W.D. Pa. Oct. … Continue reading

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IA: Federal reverse silver platter of anticipatory SW was valid

Defendant was the target of an anticipatory federal search warrant for drugs. The federal government instead let the state prosecute. The Iowa constitution, however, does not permit anticipatory search warrants. Defense counsel didn’t raise the state constitutional issue before trial. … Continue reading

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TX finally approves of anticipatory warrants

Texas high court finally approves of anticipatory warrants. Parker v. State, 2022 Tex. Crim. App. LEXIS 470 (July 27, 2022). On his motion for reconsideration, defendant’s Franks challenge still fails. There’s probable cause without the challenged information. “Courts long have … Continue reading

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Reason: Cops Are Dressing Up Like FedEx Guys and Arresting People for Drugs

Reason: Cops Are Dressing Up Like FedEx Guys and Arresting People for Drugs (“A little-known agreement allows police officers to seize packages at FedEx sorting centers.”) Actually, the writer was surprised to learn this has been going on for decades. … Continue reading

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CA7: Without a triggering condition, this was not an anticipatory warrant

Despite defendant’s argument, this was not an anticipatory search warrant. There was no triggering condition, and it was issued with probable cause. United States v. Calligan, 2021 U.S. App. LEXIS 23402 (7th Cir. Aug. 6, 2021). There clearly was reasonable … Continue reading

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M.D.Pa.: Error in USPS tracking number of parcel in SW was a “mere technical error” when it was readily apparent they had right package

Error as to USPS tracking number in an anticipatory warrant wasn’t fatal and didn’t make the warrant not particular. All the other information was correct as to sender, recipient, description, and shipping location. This was a “mere technical error” that … Continue reading

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N.D.Ohio: Transporting package in anticipatory warrant from apt complex office to own apt doesn’t give PC for the car

In a controlled delivery case, the package was left at an apartment building office, and then defendant moved it to his apartment by his car. Still, there was no probable cause for search of his car. United States v. Reid, … Continue reading

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OH4: Arrest for violation of a statute later held unconstitutional didn’t bar trial under later version of statute

Defendant’s arrest under a statute later held unconstitutional didn’t bar him from being tried under a later version of the statute that was constitutional. State v. Bartholomew, 2020-Ohio-4611, 2020 Ohio App. LEXIS 3465 (4th Dist. Sept. 17, 2020). The fruit … Continue reading

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CA6: Def showed no REP in package with a fake name sent to his house

Defendant showed no reasonable expectation of privacy in a package addressed to a fake name at his address. United States v. James, 2020 U.S. App. LEXIS 22766 (6th Cir. July 21, 2020). Defendant failed to show that the challenged statements … Continue reading

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OH9: IAC claim defendant pled guilty because of IAC in suppression hearing doesn’t show causal connection

“Mr. Bramos does not allege that his counsel’s statements to the trial court during the suppression hearing had any bearing on his decision to plead no contest more than two weeks later. We, therefore, conclude that Mr. Bramos has failed … Continue reading

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M.D.Pa.: The triggering event in an anticipatory SW is subject to broad construction

The triggering event of an anticipatory warrant having occurred, the search warrant could be executed. The triggering event can be broadly construed. United States v. Santana, 2020 U.S. Dist. LEXIS 38086 (M.D. Pa. Mar. 5, 2020). Plaintiff refused to get … Continue reading

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