Section 213: "Sneak and Peek"
Section 213 authorizes the delay in notification of a search if it is necessary to preserve the secrecy of an investigation. Although the law requires that the subject of the search be notified within an unspecified "reasonable period," it also allows the delay to be extended indefinitely. The Department of Justice says withholding information regarding a search is important because of the sensitive nature of counterterrorism cases. Critics argue that even persons who are proven to be innocent will never know that their property was searched and/or seized. This is one of the 11 sections of the Patriot Act that will not expire on Dec. 31, 2005.
SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.
Section 3103a of title 18, United States Code, is amended-
(1) by inserting "(a) IN GENERAL.-" before "In addition"; and
(2) by adding at the end the following:
"(b) DELAY.-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.".