Legal Definitions - anticipatory warrant

An anticipatory warrant is a type of search warrant issued by a judge that authorizes law enforcement to search a specific location only after a particular future event or condition has occurred. Unlike a standard search warrant, which is based on evidence currently present at a location, an anticipatory warrant is granted when there is strong evidence (known as probable cause) that illegal items or evidence of a crimewill be at a specified place at some point in the future. The warrant becomes valid and executable only once the anticipated event, known as the "triggering condition," actually takes place.

Here are some examples to illustrate how an anticipatory warrant works:

• Example 1: Controlled Delivery of Contraband

  Law enforcement intercepts a package containing illegal narcotics addressed to a specific residence. They plan a "controlled delivery" where an undercover officer or postal worker delivers the package as intended. Before the package is delivered, there are no drugs currently at the residence. However, officers have probable cause to believe the drugs will be there once the delivery occurs. A judge can issue an anticipatory warrant, authorizing a search of the residence only after the package has been successfully delivered and accepted by someone at that address. The successful delivery of the package is the triggering condition that makes the warrant valid.

• Example 2: Installation of Illegal Devices

  Investigators have reliable information that a suspect is planning to install illegal gambling machines in the back room of a restaurant next Tuesday. They have gathered evidence, such as intercepted communications or informant testimony, indicating that the machines are currently in transit and will be set up on that specific date. At the time the warrant is sought (e.g., on Monday), the illegal machines are not yet at the restaurant. However, there is probable cause that they will be there and operational on Tuesday. An anticipatory warrant could be issued, allowing officers to search the restaurant after the machines are confirmed to have been installed. The installation of the machines is the triggering condition.

• Example 3: Expected Arrival of Stolen Property

  Police track a stolen antique car that is being transported across state lines. They have intelligence that the car is scheduled to arrive at a specific warehouse on Friday morning, where it will be stored before being dismantled. On Wednesday, when the police apply for the warrant, the stolen car is not yet at the warehouse. However, they have probable cause to believe it will be there on Friday. An anticipatory warrant can be issued, authorizing a search of the warehouse only after the stolen car has been delivered to that location on Friday. The arrival of the stolen car at the warehouse is the triggering condition.