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W.D.Wis.: Consent was obtained, and anticipatory warrant was not required

By John Wesley Hall, Jr.

Police had probable cause for a search of the residence, but they determined not to get an anticipatory warrant and see what happened with a knock-and-talk to see if consent could be obtained, which it was. United States v. Jones, 2009 U.S. Dist. LEXIS 73625 (W.D.Wis. July 10, 2009).* The court made this observation in n. 1: Indeed, Officer Arnold testified that the police had mulled obtaining an anticipatory search warrant, but decided to wait and see what happened at the scene. Jones challenges this claim, but it's a logical and efficient approach. Preparing a search warrant affidavit and jumping through the hoops to obtain a warrant is time-consuming and toilsome. That's why police often gamble on obtaining consent at the scene before starting the warrant process...continue to full post

Full post as published by Fourth Amendment on August 23, 2009 (boomark / email).