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Univ. of San Diego School of Law

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Tuesday, March 21, 2006

SCOTUS Rules on Anticipatory Search Warrants

Yesterday, SCOTUS handed down a decision in United States v. Grubbs, No. 04-1414.  In this case, the court resolved two questions relating to the constitutionality of "anticipatory" search warrants. First, the court rejected an argument that such warrants are categorically unconstitutional. Second, the court held that an anticipatory warrant that does not specify the "triggering" condition for the search does not violate the Fourth Amendment's requirement that a search warrant describe with particularity the place to be searched and the people or items to be seized. [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2006/03/scotus_rules_on.html

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