Legal Definitions - surreptitious-entry warrant

A surreptitious-entry warrant is a specialized legal order issued by a judge that authorizes law enforcement officers to secretly enter a private property without the knowledge or consent of the owner or occupant. The primary purpose of such an entry is typically to install surveillance devices, gather evidence, or conduct other investigative activities without alerting the target of the investigation.

Unlike a standard search warrant, where officers usually announce their presence before entering, a surreptitious-entry warrant permits a covert entry. Notice to the property owner or occupant about the entry is often delayed until a later time, as specified by the warrant or relevant law, to preserve the secrecy of the ongoing investigation.

• Example 1: Investigating an International Smuggling Ring

  A federal agency is investigating a sophisticated international smuggling ring suspected of transporting illegal goods through a commercial warehouse. Intelligence suggests that the ring's leaders use a specific office within the warehouse to coordinate their operations. To gather crucial evidence, the agency needs to install covert audio and video recording devices in this office.

  A judge grants a surreptitious-entry warrant, allowing agents to enter the office suite during non-business hours, install the surveillance equipment, and exit without leaving any signs of their presence. This covert entry ensures that the individuals involved in the smuggling scheme remain unaware of the investigation, preventing them from destroying evidence or altering their activities.

• Example 2: Counter-Terrorism Operation

  Law enforcement suspects a foreign agent is operating out of a rented apartment, using a personal computer to communicate with a terrorist organization and plan attacks. To confirm their suspicions and gather intelligence, investigators need to access the agent's computer to copy its hard drive contents and install monitoring software.

  A surreptitious-entry warrant authorizes officers to secretly enter the apartment when the agent is away. They can then access the target computer, duplicate its data, install the necessary software, and restore the environment to its original state, all without alerting the agent. This allows investigators to gather digital evidence and monitor future communications discreetly, which is critical for national security.