Anticipatory Search Warrants: Constitutional Tools for Fighting Crime

March 4, 2006

Thomas F. Gede, Ronald J. Rychlak

Judging from the chatter in that portion of the blogosphere dedicated to law topics, there is general surprise and concern about anticipatory search warrants in general and an expectation that the U.S. Supreme Court will invalidate their viability in the forthcoming decision in U.S. v. Grubbs, No. 04-1414. Whether the Court goes so far as to disallow the use of anticipatory search warrants altogether is beyond the predictive capability of the authors, but as the Grubbs case is currently positioned, it does not present the question of the general viability of these important tools which have been used to fight crime since the late 1970s....

Anticipatory Search Warrants: Constitutional Tools for Fighting Crime