 in the Court of Appeals. And the analysis that I would use to get there is a fusion of a couple of principles. One is the court has often resolved threshold questions that are a prerequisite to an intelligent resolution of the question presented. So in a case like United States v. Grubbs, for example, the court reached out to decide whether anticipatory warrants are valid under the Fourth Amendment before turning to the question whether the triggering condition for an anticipatory warrant had to be in the warrant.