Professional Documents
Culture Documents
warrant. The paragraphs that are in italics has “boiler plate” language that should be
included for these types of search warrants. You should also include specific reasons
why the “sneak and peek” search warrant is needed, in this example these reasons are in a
bulleted list.
Your affiant is aware that the service of this search warrant in the normal manner
will alert the suspects under investigation, a well as other as yet unidentified members of
this narcotics organization, that they are the objects of a police investigation. This
would frustrate the investigation by allowing members of this narcotics organization to
go into hiding and secrete contraband that is not recovered during the execution of this
warrant. For this reason, your affiant requests permission to serve this search warrant,
in the discretion of the officers executing this warrant, when the locations to be searched
are unoccupied and/or in a manner that would not alert the suspects that they are under
police investigation. Such service might include surreptitious entry, non disclosure of
law enforcement agency executing this search warrant, service of the warrant during
nighttime hours, not leaving an inventory of items seized, a copy of this search warrant,
and photographing contraband and items of evidence instead of physically seizing them.
Your affiant requests such permission through the signing of this warrant by the
magistrate.
Your affiant believes that the listed concerns/facts conform to the requirements
stated in section 3103a of title 18 of the United States Code, Authority for Delaying
Notice Of The Execution Of A Warrant, “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)”
Per section 2705 regarding delayed notice, “(a) Delay of Notification. --(1) A
governmental entity acting under section 2703 (b) of this title may – (A) where the court
order is sought, include in the application a request, which the court shall grant, for an
order delaying the notification required under section 2703 (b) of this title for a period
not to exceed ninety days, if the court determines that there is reason to believe that
notification of the existence of the court order may have an adverse result described in
paragraph (2) of this subsection.”
Per paragraph two of the subsection, “An adverse result is –
(A) endangering the life of physical safety of an individual
(B) flight from prosecution
(C) destruction of or tampering with evidence
(D) intimidation of potential witnesses
(E) otherwise seriously jeopardizing an investigation or unduly delaying a
trial”