Code of Criminal Procedure · States v. Grubbs

States v. Grubbs

States v. Grubbs is covered under States v. Grubbs and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search Warrants" on practice exams.

To prove this offense, the State must establish each of the following elements: Specifies triggering condition; Affidavit shows PC the trigger will occur; Affidavit shows PC contraband will be at the place when triggered; Search authorized only after trigger.

Elements you must prove

  • Specifies triggering condition
  • Affidavit shows PC the trigger will occur
  • Affidavit shows PC contraband will be at the place when triggered
  • Search authorized only after trigger

Practice 1 question on this topic

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Worked examples

Worked example 1

An anticipatory search warrant authorizes search:

  1. At the discretion of officers
  2. Only after a 'triggering condition' (e.g., delivery of contraband to the residence) occurs as specified in the warrant; the affidavit must establish probable cause to believe the triggering event will occur and that contraband will then be at the location Correct
  3. Anywhere the suspect goes
  4. For any future crime
Why: Anticipatory warrants are constitutional as long as the magistrate is told of the triggering condition and the affidavit shows probable cause that (1) the trigger will occur and (2) when it does, contraband will be at the location.
Statute: United States v. Grubbs, 547 U.S. 90 (2006)