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Article Excerpt
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 warrant, specified the triggering event, stating that "execution of this search warrant will not occur unless and until the parcel has been received by a person(s) and has been physically taken into the residence...."
After they delivered the videotape, investigators searched the house and seized a number of items. Grubbs moved to suppress this evidence, claiming, among other things, that the warrant was invalid because it failed to name the triggering event. After the district court denied his motion, Grubbs pleaded guilty but reserved the right to appeal the court's decision on the motion to suppress.
On appeal, the Ninth Circuit reversed, holding that "the particularity requirement of the Fourth Amendment applies with full force to the...
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