What defines an anticipatory warrant?

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An anticipatory warrant is characterized by its basis in the expectation that evidence of a crime will be present at a specified location in the future, provided certain conditions are met. This type of warrant is typically obtained when law enforcement believes that while the evidence is not currently at the location, it is foreseeable that it will be there by the time the warrant is executed.

The focus of an anticipatory warrant is on the prediction of future circumstances rather than merely reacting to an ongoing crime or the immediate presence of evidence. It allows law enforcement to act proactively rather than reactively, planning ahead for when they expect to find the evidence they need.

In contrast, other options do not capture the essence of what constitutes an anticipatory warrant. For example, a warrant issued for an ongoing crime does not rely on the premise of future circumstances but rather addresses current actions. Similarly, a warrant described as immediately actionable refers to those that can be executed without delay, while a type of warrant for non-violent offenses only restricts the scope unnecessarily, as anticipatory warrants can apply to various types of offenses. The unique nature of anticipatory warrants is in forecasting evidence presence rather than the immediacy or nature of the crime itself.

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