Myth: Patriot Act ‘sneak and peek’ is unconstitutional

Liberal myth

The “sneak and peek” provisions in the Patriot Act are unconstitutional.

The facts

The so-called “sneak and peek” provision of the USA PATRIOT Act, which allow law enforcement agents to execute a search warrant without providing prior notice in certain limited circumstances, is a standard law enforcement tool and has been upheld by the Supreme Court.

• The Patriot Act simply extends this existing law enforcement tool to counter-terrorism investigations.

Already in use

These delayed-notification search warrants have been in use in the United States for some time, for example in drug cases.

• These search warrants are often used to protect the lives of law enforcement agents and potential witnesses or to prevent exposing an ongoing investigation.
  
  Example: Using delayed-notification warrants, police can seize drugs and collect information about smugglers without blowing an undercover agent’s cover or exposing the identity of an informant.
• The Supreme Court concluded in 1979 that delayed notification was constitutional under the Fourth Amendment.
• Law enforcement should not be forced to choose between endangering lives and enforcing the law.

Related Heritage research

• Paul Rosenzweig, Alane Kochems, and James Jay Carafano, “The Patriot Act Reader,” September 13, 2004