People v. Ross

In this case we are asked to determine whether anticipatory search warrants are permissible under Illinois law by virtue of section 108 — 3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/108—3 (West 1992)). The appellate court concluded that they are not. (267 Ill. App. 3d 711.) For the reasons set forth below, we affirm.

Factual Background

The facts are not in dispute. On November 5, 1991, United Parcel Service (UPS) personnel mistakenly opened a next-day air letter. Suspecting that the letter contained cocaine, UPS contacted the West Central Illinois task force. Officers assigned to…