Actually, a sneak & peek is a search warrant.
What Mark Felt did was break into homes without search warrants. That was illegal then, and now.
FACT: Sneak & Peek “Searches” Are Warrants – Judicially Reviewed And Issued. The Patriot Act, Section 213, unifies the law regarding Sneak & Peek warrants, which before the Act was applied differently around the country. Warrants, by definition, are judicially issued, thus require judicial review. Under the Patriot Act, a judge must determine whether a Sneak & Peek warrant is justified and how long notification of the subject may be delayed. (Department Of Justice Website, “Questions And Answers About The USA Patriot Act,” www.usdoj.gov, Accessed 5/25/04; Judge Michael B. Mukasey, Op-Ed, “The Spirit Of Liberty,” The Wall Street Journal, 5/10/04)
Sneak & Peek Warrants Allow Delay But Do Not Permit Searches “Without Ever Notifying Anyone.” “When a judge finds, based on facts articulated in a sworn affidavit, reasonable grounds to delay notice, such as risk of flight or destruction of evidence, a judge may allow for a specific period of delay that he or she finds to be reasonable. Upon expiration of that time, notice must be given.” (Department Of Justice Website, “Questions And Answers About The USA Patriot Act,” www.usdoj.gov, Accessed 5/25/04)
The Text Of Section 213 Of The Patriot Act Clearly States These Searches Must Be Judicially Authorized And Must Eventually Notify The Subject Of The Search. “With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if --
(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705);
(2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and
(3) the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown..” (18 U.S.C. 3103a(b), 2001)
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