Are anticipatory search warrants for drugs valid in Texas? What we have is a situation in which we believe that drugs are being sent via FedEx or UPS and we want to get a warrant in advance once the package is delivered. Thoughts?

Check out the following cases:

State v. Toone, 872 S.W.2d 750 (Tex. Crim. App. 1994)(case below: State v. Toone, 823 S.WQ.2d 744 (Tex. App.--Dallas 1992)).

Mahmoudi v. State, 999 S.W.2d 69 (Tex. App.--Houston [14th Dist.] 1999, pet. ref'd)

Sandoval v. State, 1995 Tex. App. LEXIS 3720 (Tex. App.--Dallas Jan. 27, 1995)

I haven't looked at the issue of anticipatory warrants in the last few months, but in Toone, both courts stated that while anticipatory warrants are legal under federal law, the issue has not been decided in Texas. The CCA sidestepped the issued by holding that an anticipatory warrant issued by a federal magistrate was not issued under art. 18.01, CCP, and therefore admission of the evidence in a Texas court did not violate art. 38.23.

Hope this helps.

Janette A

If you read Toone and Mahmoudi, these cases hold that a state prosecution may be had upon a federally issued search warrant.

There is no such animal under Texas law as an anticipatory search warrant.