Sneak-and-Peek Warrants (18 U.S.C. § 3103a)
Authorizes delayed-notice search warrants — warrants that permit law enforcement to covertly enter premises and search without providing contemporaneous notice to the occupant.
Requirements
§ 3103a(b): A court may authorize delayed notice if:
- The court finds reasonable cause to believe that providing immediate notification may have an adverse result (endanger physical safety of someone, flight from prosecution, evidence tampering/destruction, intimidation of potential witnesses, or otherwise seriously jeopardize an investigation or unduly delay trial); and
- The warrant prohibits the seizure of any tangible property or wire/electronic communication, except if the court finds reasonable necessity; and
- The warrant provides for notice within a reasonable period not to exceed 30 days (extendable for good cause)
USA PATRIOT Act
§ 3103a was substantially amended by the USA PATRIOT Act (2001) to expand the grounds for delayed notice (the “adverse result” standard replaced a stricter standard) and to apply across all criminal investigations, not just national security cases. Controversial because delayed notice means the target may not know of the search for weeks or months.
Fourth Amendment Context
Traditional Fourth Amendment notice requirement: executing officers must knock and announce their presence (18 U.S.C. § 3109; Wilson v. Arkansas). § 3103a creates a statutory exception, but courts still require the “adverse result” showing — delayed notice must be judicially authorized.