'Sneak and peek' warrant allowed U.S. authorities to monitor illegal tunnel
Author: Associated Press, Vancouver Sun (CN BC), 08-02-05


The U.S.A. Patriot Act made it possible for federal investigators to search and bug a 110-metre tunnel under the U.S.-Canadian border, and then watch and listen as hundreds of kilograms of marijuana were carried through it.

Government agents surreptitiously installed video and audio devices after obtaining a "sneak and peek" warrant, which allows searches that leave no trace and are conducted without immediate notification of the subject.

Regular search warrants require that the subject be notified immediately after a search. Usually notice is left at the scene, with details about any removal of items.

With a sneak-and-peek warrant -- also called a delayed-notice warrant -- investigators arrange the time line of the delay with a judge. Most often, suspects are notified within 30 days, said Doug Whalley, an assistant U.S. Attorney in Seattle. Some U.S. legislators and civil-rights groups want to scale back some of the Patriot Act's powers.

© 2005 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana