Section 213 of the USA Patriot Act

An editorial by William Diaz

On October 26, 2001 the USA Patriot Act was signed by President George W. Bush to
become Public Law 107-56, and under the USA Patriot Act is Section 213 or sneak and
peek warrants. A sneak and peek search warrant also called a delayed notice warrant,
covert entry search warrant, or a surreptitious entry search warrant is a search warrant
that allows law enforcement agencies executing the warrant to enter private premises
without the owners or occupants permission, knowledge, or consent (wilkes, 2002, para.
1). Over the years the use of sneak and peek warrants has caused a major debate over
the violation of human and civil rights, specifically that it violates the Fourth
Amendment.
According to US Courts the Fourth Amendment is:
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized. (US Constitution, Fourth Amendment)
After reading the fourth Amendment it is clear that it protects us from unreasonable
search and seizures, but I find it hard to believe that sneak and peek warrants violate
this amendment. To obtain a sneak and peek search warrant probable cause and
significant proof and evidence must be presented before a judge. My argument and
opinion about sneak and peek warrants is that sneak and peek warrants do serve a
beneficial purpose for law enforcement agencies, but do need to be regulated with strict
and specific guidelines to prevent any abuse of power. Even if sneak and peek warrants
are being used in narcotics cases and other federal investigations rather than terrorism
cases, I still believe they are for the better good of law and order. The purpose of sneak
and peek warrants is to prevent any harm that can be done to witnesses, to prevent the
suspects from tipping off other suspects involved in the investigation, and to prevent
suspects from tampering with evidence. I agree with both the Second and Ninth Court of
Appeals that sneak and peek warrants dont violate the Fourth Amendment, because the
person is still eventually notified of the search warrant. On the other hand, I dont agree
with the amount of time it takes to notify the suspect or individual of the sneak and peek
search warrant.
Section 213 of the USA Patriot Act Amends Title 18 Section 3103a of the United States
Code. Any warrant issued under 18 U.S.C 3103a allows for the search and seizure of
any property or material that constitutes evidence of a criminal offense in violation of

United States laws. It also allows for any notice required to be delayed under three
requirements:
1) If the court finds reasonable cause to believe that providing immediate
notification of the warrant may have an adverse result. 2) The warrant prohibits
the seizures of any tangible property, except where the court finds reasonable
necessity for the seizure, and 3) the warrant provides for the giving of such a notice
within a reasonable period not to exceed 30 days after the date of execution, which
may be extended by the court if good cause is shown. (Additional Grounds for
Issuing warrant, 18 U.S.C. 3103a, 2011)
Law enforcement agencies currently have up to 30 days to notify the individual, but it
can still be extended by a judge if a good reason is shown. I am advocating for a change
in law or policy that will change the notification from 30 days to 14 days or two weeks. If
a judge does approve an extension, then I propose the extension can not be longer than
30 days or 1 month. This policy change goes along with my argument that sneak and
peek warrants are beneficial and useful, but need to be regulated with strict policies and
rules.
Policy change doesnt happen over night, and I ask all my readers to get involved. I ask
you to support this advocacy and help create a social movement to advocate for a policy
change. At this level change can be made by starting a movement and creating a
campaign that will influence public policy. For more details about starting a movement
visit: : http://www.ipra.org/itl/09/2014/how-to-start-a-movement-creating-campaignsthat-change-behaviour-and-influence-public-policy

References
U.S. Constitution, Amendment 4.
U.S.A. Patriot Act of 2001, Public Law 107-56. Government Printing Office. Retrieved from:
http://www.gpo.gov/fdsys/pkg/PLAW-107publ56/html/PLAW-107publ56.htm
Additional Grounds for Issuing Warrant, 18 U.S.C. 3103a (2011)
Government Printing Office. Retrieved from: http://www.gpo.gov/fdsys/pkg/USCODE2011-title18/html/USCODE-2011-title18-partII-chap205-sec3103a.htm
Wilkes, D. E., (2002) Sneak and peak search warrants and the usa patriot act. Georgia Law.
Retrieved from:
http://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1104&context=fac_pm