Nature of the Case
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Facts
Grubbs (D) became the target of an undercover federal investigation and prosecution when he ordered a videotape containing child pornography from a website operated by an undercover U.S. postal inspector. A controlled delivery was arranged. An 'anticipatory' search warrant was applied for with an affidavit stating that the 'triggering condition' would be the delivery of the tape into D's home. This condition was omitted from the issued warrant. The tape was delivered, and D was arrested. D was indicted. D moved to suppress the evidence seized because the warrant did not list the trigger condition. The District Court denied the motion. D pleaded guilty but reserved his right to appeal the denial of his motion to suppress. The Ninth Circuit reversed: The Fourth Amendment's requirement that warrants describe with particularity the things, persons, or places to be searched fully applied to the triggering conditions necessary for an anticipatory search warrant. The Supreme Court granted certiorari.
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