NCJ Number
133927
Journal
Vanderbilt Law Review Volume: 44 Issue: 6 Dated: (November 1991) Pages: 1387-1407
Date Published
1991
Length
21 pages
Annotation
Although various lower courts have held that the use of anticipatory search warrants -- those which are based on a showing of probable cause that particular evidence of a crime will exist at a specific location in the future -- are not unconstitutional per se, the Supreme Court has never addressed this issue. A Supreme Court decision on anticipatory search warrants, which could be prompted by two recent lower court decisions, would present the opportunity to reexamine the framework of the fourth amendment.
Abstract
Such a reexamination could restore the traditional balance between individual privacy interests and law enforcement needs. The decisions in United States v. Goodwin and United States v. Flippen, which both arose out of a government child pornography reverse sting operation, illustrate many of the issues raised by anticipatory warrants. This article examines the erosion of fourth amendment doctrines including the warrant requirement, probable cause, and the exclusionary rule that are pertinent to these warrants. The author concludes that the Supreme Court should adopt the multifactor Garcia test for validating prospective search warrants. Thus, the Court could uphold the constitutionality of these warrants, provide another investigative tool for law enforcement, and protect individual privacy rights guaranteed by the Constitution. 162 notes