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« ABC on women and guns | Main | More on Cory Maye case »

Anticipatory search warrants--and a bit of a dig at Justice Scalia?

Posted by David Hardy · 21 March 2006 10:08 AM

The Supreme Court just upheld anticipatory search warrants 9-0, further holding that the warrant itself need not contain the contingency (here, that a package of child porn mailed to the defendant by a government sting operation be delivered to his house).

The opinion is by Scalia, and the concurrence by Souter, joined by Ginsburg and Stevens, notes that if a future Court should hold that presenting the warrant to the person being searched is constitutionally required (as it is not now), then an anticipatory warrant that did not contain the condition would presumably be invalid.

· General con law

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