Lawmakers met last week to examine sections of the Patriot Act, including section 213, which authorizes "sneak and peek" searches, permitting unlimited delayed notification to the targets of search warrants. These warrants are available in all criminal cases where the federal government says notification would result in destruction of evidence, danger, flight from prosecution, intimidation of a witness, or serious jeopardy to a criminal investigation. The ACLU has long argued that this catch-all "serious jeopardy" clause is too broad and must be narrowly curtailed.

When the Patriot Act was passed, Congress made sure some of the most extreme powers would "sunset" this year unless Congress reauthorized them. While "sneak and peek" is not one of them, the ACLU and its allies have called for Congress to modify this power to ensure that proper checks are put into place.

In July 2003, the House adopted - by an extraordinary margin - an amendment that would bar federal law enforcement from implementing "sneak and peek" search warrants. Rep. C.L. "Butch" Otter (R-ID), along with bipartisan allies in both chambers of Congress, has introduced the "Security and Freedom Enhancement Act." The measure would make corrections to the Patriot Act - including section 213 - to bring it back in line with the Constitution.

Learn more about the ACLU's work to bring the Patriot Act in line with the Constitution.

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