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This is an example of a covert search warrant or a “sneak and peek” search

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 is wary that immediate notification of search warrant execution at


5541 Green Lane will cause adverse results in the ongoing investigation for the following
reasons:
 There are several more locations involved in this large scale operation
 Investigation has established that several suspects at these locations have
been involved in continuous and regular shipments of narcotics into the
state for several years and, therefore, they are experienced and
sophisticated in the operation of and evasion from detection by law
enforcement
 Your affiant believes that future loads of marijuana, cocaine, and
methamphetamine will be shipped from Mexico - law enforcement will
be able to interdict these shipments and use the seizure of said narcotics
as corpus, facilitating the arrest of other involved drug dealers
 Other members of this operation will use information obtained from
notification of the warrant as intelligence to modify/limit their operation,
jeopardizing planned future seizures and arrests
 The safety of all officers involved in the investigation will be placed at
higher risk if the organization is prematurely alerted that their drug
business has been compromised through information obtained from an
informant and our ensuing investigation
 The safety of the CRI will be jeopardized if the organization is alerted
they have been compromised (prior to the arrest of said subjects)
 Gonzalez (as well as many other subjects involved) has a proven record
of violence in his past, including arrests for 148 PC, 182 PC, 211 PC, 459
PC, 245 (A) PC, and 242 PC
 It is conceivable that the subjects involved, who are Mexican in decent
and have strong ties to that country, will travel to and remain in Mexico,
avoiding arrest and prosecution for the drug business they have been
operating if they learn of this investigation prematurely

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”

Your affiant and fellow officers are currently involved in an investigation of a


major narcotics distribution organization. If members of this organization become
aware of the service of this search warrant, this investigation will be seriously
compromised. Your affiant anticipates that the investigation against this narcotic
distribution organization will be concluded within the next 30 days; and, at the
conclusion of this investigation, but no later than 30 days after the service of this
warrant, notice of the entry pursuant to this warrant will be given to the owners of the
property and occupants of the location where the entry was made. Therefore, your
affiant request a time period delay of thirty (30) days until providing notification of the
execution of this warrant. Said period will afford the time required by law enforcement
to complete the investigation involving this deeply rooted crime ring.
If your affiant and/or fellow officers have the opinion that good cause exists to
delay such notice, officers may petition the court for an additional delay in providing
notice, not to exceed 30 days in length.

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