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Sneak And Peek Warrants
Legal Issues Regarding Surreptitious Searches
A few courts have upheld the use of sneak and peek warrants, which ensure the lawfulness of surreptitious searches.
Searches and seizures conducted pursuant to validly authorized and executed search warrants are very common law enforcement practices. The canons regulating such searches and seizures at the federal level are found in the Fourth Amendment to the U.S. Constitution1 and Rule 41 of the Federal Rules of Criminal Procedure.
The Fourth Amendment provides the general requirements that all searches and seizures be reasonable and that all warrants be based on sworn probable cause, particularly describing the place to be searched and the items to be seized. Rule 41 imposes more specific regulations regarding the authorization and execution of search warrants, such as authority to issue, authority to serve, time restraints, and notice requirements.
The prescriptions contained in the Fourth Amendment and Rule 41 are well-established and routinely followed by law enforcement officers. There are occasions, however, when a legitimate law enforcement activity does not fit squarely within the realm of a traditional search, and the gov-ernment's ability to comply with conventional constitutional and statutory warrant requirements is questionable. Specifically, the use of "sneak and peek" warrants by law enforcement officers has raised questions regarding compliance with the Fourth Amendment prohibition against unreasonable searches and the Rule 41 notice requirement.
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Definition:
This is the writ of execution employed to enforce a judgment to recover the possession of land in an unlawful detainer action or personal property in a detinue action.
Indigent
Definition:
A person found by the court to be unable to afford to hire a lawyer or otherwise meet the expense of defending a criminal matter.
Witness
Definition:
One who testifies to what he has seen, heard or otherwise observed and who is not a party to the action.
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