I have a search warrant where the contraband was delivered by a law enforcement officer posing as a mailman. We got a search warrant before the contraband was delivered, setting out in the affidavit that the contraband was to be delivered at a certain time. Cassias v. State(CCA)holds that the substance to be searched for has to be "at the place to be searched at the time the warrant is issued." Has anyone crossed this before?

TDCAA's book on search warrants addresses this issue. Did you office get a copy? If not, check the Publications page and order one now.