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Criminal Law

: Fourth Amendment

IL: Anticipatory warrant for place where package was "accepted" was valid

By John Wesley Hall, Jr.

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Anticipatory warrant that authorized a search of only the place where the package was "accepted" for delivery, even though it was otherwise inspecific, was still valid. There was a specified triggering event, and the officers could not be sure where the package would end up. Anticipatory search warrants strike a proper balance between the need to search but not relying on exigent circumstances for a warrantless search. People v. Duoc Bui, 2008 Ill. App. LEXIS 216 (1st Dist. March 21, 2008) (not posted on court's website as of this posting): We believe that our holding strikes the appropriate balance between the purpose of the warrant requirement and the need for the judiciary to encourage the use of warrants and to recognize that anticipatory warrants meet important law enforcement needs...continue to full post

Full post as published by Fourth Amendment on March 25, 2008 (boomark / email).

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