Anticipatory Search Warrant Law and Legal Definition

Anticipatory search warrant is a search warrant that is issued on the basis of an affidavit showing probable cause that evidence of a certain crime will be located at a specific place in the future.

“Most anticipatory warrants subject their execution to some condition precedent other than the mere passage of time - a so-called “triggering condition.” For instance, that the execution of a search warrant would not occur unless and until specific contraband had been received by a person(s) and had been physically taken into the residence. If the government were to execute an anticipatory warrant before the triggering condition occurred, there would be no reason to believe the item described in the warrant could be found at the searched location; by definition, the triggering condition which establishes probable cause has not yet been satisfied when the warrant is issued.” [United States v. Grubbs, 547 U.S. 90 (U.S. 2006)