When are anticipatory search warrants valid? Trial | February 1, 2007| | COPYRIGHT 2007 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright

In United States v. Grubbs, the Supreme Court held that anticipatory search warrants are constitutionally permitted. More controversially, it ruled that these warrants do not have to specify the triggering event, as long as the affidavits made in support of them do so. (1)

In Grubbs, the defendant purchased a videotape containing child pornography from a Web site operated--unfortunately for him--by an undercover postal inspector. The Postal Service arranged a controlled delivery to Grubbs and obtained an anticipatory search warrant. The affidavit, but not the ...

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