Code of Criminal Procedure · U.S. Supreme Court, 2006

United States v. Grubbs

United States v. Grubbs is a 2006 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.

Key points

  • Triggering condition identified to the magistrate; it need not appear in the warrant itself
  • Affidavit shows PC the trigger will occur
  • Affidavit shows PC contraband will be at the place when triggered
  • Search authorized only after trigger

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Worked examples

Worked example 1

An anticipatory search warrant authorizes search:

  1. At the discretion of officers
  2. Only after the triggering condition (e.g., delivery of contraband to the residence) occurs; the affidavit must establish probable cause that the trigger will occur and that contraband will then be at the location — the trigger need not be written in the warrant itself Correct
  3. Anywhere the suspect goes
  4. For any future crime
Why: Anticipatory warrants are constitutional if the affidavit shows probable cause that (1) the triggering condition will occur and (2) when it does, contraband will be at the location. The Fourth Amendment does not require the triggering condition to be set out in the warrant itself (Grubbs).
Statute: United States v. Grubbs, 547 U.S. 90 (2006)