Anticipatory Warrant Lawyers

U.S. citizens have various privacy rights, such as the right not to have their homes or belongings searched by the police unless proper procedures are followed. This includes obtaining a “search warrant” before entering a person’s home in order to search it in connection with a criminal investigation.

A search warrant is signed by a judge and gives police officers the right to search a specific place for specific objects or materials for a criminal investigation. In order to have a search warrant issued, the requesting officer must show that “probable cause” exists. Probable cause is the legal standard used in criminal investigations. It refers to situations in which the officer has possession of facts within their knowledge, providing a reasonable belief that a criminal offense has been committed or is about to occur.

An example of this would be how if the police receive a tip from several informants that illegal drugs are stored in a house, it may be considered probable cause to believe that drug trafficking or drug use is occurring at that place. There must be some basis for the belief that evidence associated with a crime is on the property.

Protections and legal rights are provided through the U.S. Constitution, namely the 4th Amendment, which guarantees all citizens the right to be free from “unreasonable searches and seizures” of a person or property. To reiterate, while exceptions to the general rule exist, the 4th Amendment requires that police first obtain a valid search warrant in order to conduct a search or seizure of your person and property. Without a warrant, the police are violating your rights.

Does An Officer Need A Search Warrant In Order To Search Me?

There are some instances in which a police officer can legally search you or your property without first securing a warrant. These are known as “searches made without a warrant” or “warrantless searches.” Examples include, but may not be limited to:

• Consent Search: If you voluntarily agree to let a police officer search, they generally do not need a warrant. However, you have the right to refuse to give consent, and can also revoke consent at any point during the search. This is because consent for a search must be given voluntarily and cannot be the result of police coercion;
• Search Made in Connection with Arrest: If you are arrested, police can search you and the area in your immediate control without a search warrant. “Immediate control” generally means within the area that is marked out by your outstretched arms;
• Automobile Search: If the police have a valid reason to pull you over while you are driving, they also have the right to search your car without a search warrant. However, they must also have probable cause to believe that the car contains illegal contraband or evidence of a crime; and/or
• Plain View Doctrine: Police do not need a search warrant in order to seize illegal items or evidence that is in plain view. Three requirements must be satisfied:
  • The officer must lawfully be present at the place in which the evidence can be viewed in plain sight;
  • The officer has a lawful right of access to the object or item; and
  • It is immediately apparent that the object is associated with a crime, or is involved in a crime.

What Is An Anticipatory Warrant?

An anticipatory warrant is a specific type of search warrant which may be issued when law enforcement has probable cause. In other words, if law enforcement has evidence that leads them to believe that a particular crime will occur at a certain time and place in the future.

An example of this would be if law enforcement obtained an anticipatory warrant because they discovered a pattern of a person possibly forging and cashing checks at a certain bank. The next time that person goes to that bank and cashes their potentially forged checks, police may be able to search their wallet before the deposit is made or they can arrest them.

However, in order to obtain an anticipatory warrant, there are specific requirements that must be met before law enforcement will be issued such a warrant. First, they must ask the court for an anticipatory warrant. They will be required to present an affidavit, or a written statement that contains an oath, to a judge as part of their request for the warrant. The affidavit must provide evidence that establishes that there is probable cause to believe that a particular crime will take place at a specific location in the future. Second, that there is probable cause that a “triggering condition” will occur in order to create the crime.

It is important to note that in the legal definition of an anticipatory warrant, the word “time” refers to the “triggering condition” mentioned above in the second element. Some further clarification of terms include:

• Defining Probable Cause: Concrete evidence that proves a crime was committed, which may not exist until a person follows through with that crime or is caught in the act. However, probable cause may exist before the crime is committed. An example of this would be if the police are surveilling a person, and while watching them, they discover that the person is going to purchase drugs and bring them home. This would give them the probable cause required to ask a judge for an anticipatory warrant. If the judge grants the warrant, police will be allowed to conduct a search immediately after the person brings the drugs home;
• The Triggering Condition: One of the factors required as part of the affidavit to obtain an anticipatory warrant is probable cause that a triggering condition exists. The “triggering condition” in the previously mentioned example will have occurred when the individual brought home the drugs that they had purchased. This single action would then trigger the effects of the anticipatory warrant, which will allow the police to search their home without violating protection against unreasonable searches and seizures; and
• The Judge’s Decision: In addition to all of the details already discussed, a judge will also decide whether to grant or deny the anticipatory warrant request submitted by law enforcement. The judge must execute sound judgment over certain factors before they can make their final decision.
  • An example of this would be how at the time that law enforcement presents the affidavit, the judge must determine whether it is currently probable that the contraband, other evidence of a crime, or a fugitive will be at the specific location identified in the affidavit. And if so, they must also determine whether the probable cause of the triggering event will be sufficient at the time that the police will be permitted to execute the anticipatory warrant.

Do I Need A Lawyer For An Anticipatory Warrant?

If you were subject to a search on the basis of the police obtaining an anticipatory warrant, and you believe that there was not a legitimate reason for their search, you should contact a local criminal defense attorney immediately. Your lawyer can help you understand your legal rights and options, and will also be able to represent you in court as needed. It is imperative that your rights, specifically your 4th Amendment rights, are protected.