Edwin Calligan v. United States
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Whether the United States Court of Appeals for the Seventh Circuit decision conflicts with United States v. Grubbs
QUESTIONS PRESENTED A panel of the United States Court of Appeals for the Seventh Circuit ruled: “_..[t]he warrant was not anticipatory” because “...[n]o language in the warrant or affidavit conditions probable cause upon that anticipated delivery.” (App. A pg. 5). 1) Whether the United States Court of Appeals for the Seventh Circuit decision is in direct conflict with and effectively overruled the United States Supreme Court’s decision in United States v. Grubbs, 547 U.S. 90 (2006), which held that the language expressing a triggering event/conditions precedent need not be contained in the warrant itself in order to be a valid anticipatory warrant?; 2) Whether the Fourth Amendment requires law enforcement to return to the warrant—issuing magistrate judge if they alter the triggering event/conditions precedent to an anticipatory search warrant any time after the warrant application has been approved but before the actual servicing of the search warrant? 3) Does the Fourth Amendment allow probable cause to continue to exist for anticipatory search warrant cases, based solely on contraband being mailed to a residence, after the triggering event/conditions precedent fail to occur? i .