Legal Definitions - sneak-and-peek search warrant

A sneak-and-peek search warrant, also known as a delayed-notice search warrant or covert-entry search warrant, is a specific type of legal authorization issued by a judge. It permits law enforcement officers to enter a private property, conduct a search, and then leave without immediately notifying the owner or occupant that the search occurred. The notification is delayed for a period of time, which is specified in the warrant and approved by the court.

This type of warrant is typically sought when immediate notification could jeopardize an ongoing investigation, allow suspects to destroy evidence, or endanger the safety of an individual. It allows law enforcement to gather intelligence or evidence discreetly before taking more overt action.

• Example 1: Investigating a Drug Trafficking Operation

  Federal agents suspect a sophisticated drug manufacturing ring is operating out of a secluded warehouse. They have some intelligence but need to confirm the scale of the operation, identify specific chemicals being used, and locate any hidden compartments or escape routes before executing a full-scale raid. A judge might issue a sneak-and-peek warrant allowing the agents to secretly enter the warehouse, photograph the setup, identify equipment, and gather intelligence. They would then leave without seizing anything or alerting the suspects. This allows them to build a stronger case and plan a safer, more effective future operation without tipping off the criminals, who might otherwise destroy evidence or flee.

• Example 2: Counter-Terrorism and Cybercrime

  Investigators are tracking a group suspected of planning a cyberattack on critical national infrastructure. They believe the group is using a particular apartment as a command center and storing crucial digital evidence on computers there. A sneak-and-peek warrant could authorize officers to covertly enter the apartment, install software to copy data from the computers, or place a listening device, and then leave without the occupants knowing. This allows law enforcement to gather vital intelligence about the planned attack and identify all involved parties, without alerting the suspects who might otherwise wipe their devices or go underground, making it impossible to prevent the attack or prosecute them.

• Example 3: Uncovering a Complex Financial Fraud Scheme

  A prosecutor's office is investigating a large-scale organized crime syndicate involved in money laundering through a seemingly legitimate business office. They need to understand the complex financial structure and identify key documents without causing the syndicate to immediately shred records or move funds. A judge could approve a sneak-and-peek warrant for the business office. Officers could enter after hours, examine and photograph financial ledgers, computer files, and other records to map out the fraud scheme. They would then exit without leaving any trace of their presence. This allows investigators to gather comprehensive evidence to build a strong case against the entire syndicate before they have a chance to destroy incriminating evidence or disappear.