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United States v. Grubbs | 547 U.S. 90 (2006)

A government official seeking a search warrant must establish probable cause to support the belief that contraband or evidence will be found on the premises. But what if the object of the search is expected to arrive, but isn’t there yet? Can the official seek a warrant for after the object arrives? The United States Supreme Court considered that question in United States versus Grubbs.

Jeffrey Grubbs bought a videotape containing child pornography from a website operated by an undercover postal inspector. Federal officials then applied for a search warrant for Grubbs’s residence. The affidavit stated that the search would be triggered only if the package containing the videotape was delivered to Grubbs’s residence, someone accepted the package, and the package was taken into the house. Two attachments to the warrant described Grubbs’s home and the items that inspectors were looking for. But the triggering condition wasn’t listed on the warrant.

A postal inspector delivered the package, Grubbs’s wife signed for it, then she took it into the house. Postal inspectors then entered and searched the house. Grubbs was detained and was provided a copy of the search warrant about thirty minutes after the search commenced. Grubbs was then Mirandized. He subsequently admitted to ordering the videotape.

Grubbs was indicted for receiving child pornography. He moved to suppress the evidence seized during the search, because the warrant didn’t list the triggering condition. The district court denied his motion. But the Ninth Circuit reversed, holding that the Fourth Amendment’s particularity requirement required the triggering conditions be listed in an anticipatory search warrant. The United States Supreme Court granted cert.

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