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Article • February 1, 2006 • from P&J February, 2006
U.S. v. Grubbs, No. 04-1414 (U.S. Supreme Court) (547 U.S. 90; 126 S.Ct. 1494) (March 21, 2006) (Justice Scalia) by The Court held that anticipatory warrants are not categorically unconstitutional under the Fourth Amendment; and that the "particularity requirement" of the 4th Amendment does not require showing the occupants the …
Article • July 1, 2002 • from P&J July, 2002
U.S. v. Muggins, No. 00-6708 (6th Cir.) (302 F.3d 284) (August 16, 2002) (Judge Eric L. Clay) by Here the Court affirmed the validity, both generally and under the facts of this case, of an anticipatory search warrant which was to be triggered upon the delivery of a package to …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Loy, No. 98-3636 (3rd Cir.) (191 F.3d 360) (September 8, 1999) (Judge Robert J. Ward) by In this case the Court held that an anticipatory warrant authorizing federal agents to search a defendant's home for child pornography and related items once he picked up a package containing a …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Rowland, No. 96-1512 (10th Cir.) (145 F.3d 1194) (June 2, 1998) (Judge Michael R. Murphy) by Case is noted for Judge McKay's dissent in which he argued that the good faith exception of U.S. v. Leon, 468 U.S. 897 (1984) should not be applied to an improperly executed …
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Leidner, No. 96-1570 (7th Cir.) (99 F.3d 1423) (November 7, 1996) (Judge William J. Bauer) by
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Leidner, No. 96-1570 (7th Cir.) (99 F.3d 1423) (November 7, 1996) (Judge William J. Bauer) by In this decision, the Seventh Circuit reversed a lower court ruling that an anticipatory search warrant was constitutionally defective. Such warrants are issued in advance of some type of controlled delivery of …