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Sneak And Peek Warrants
Legal Issues Regarding Surreptitious Searches
A few courts have upheld the use of sneak and peek warrants, which ensure the lawfulness of surreptitious searches.
Searches and seizures conducted pursuant to validly authorized and executed search warrants are very common law enforcement practices. The canons regulating such searches and seizures at the federal level are found in the Fourth Amendment to the U.S. Constitution1 and Rule 41 of the Federal Rules of Criminal Procedure.
The Fourth Amendment provides the general requirements that all searches and seizures be reasonable and that all warrants be based on sworn probable cause, particularly describing the place to be searched and the items to be seized. Rule 41 imposes more specific regulations regarding the authorization and execution of search warrants, such as authority to issue, authority to serve, time restraints, and notice requirements.
The prescriptions contained in the Fourth Amendment and Rule 41 are well-established and routinely followed by law enforcement officers. There are occasions, however, when a legitimate law enforcement activity does not fit squarely within the realm of a traditional search, and the gov-ernment's ability to comply with conventional constitutional and statutory warrant requirements is questionable. Specifically, the use of "sneak and peek" warrants by law enforcement officers has raised questions regarding compliance with the Fourth Amendment prohibition against unreasonable searches and the Rule 41 notice requirement.
NJ Lawyers' Fund For Client Protection
During the fourth quarter of 2006, the New Jersey Lawyers' Fund for Client Protection, funded by the state's lawyers and judges, awarded $1,179,686... Read more >
Sneak And Peek Warrants Legal Issues Regarding Surreptitious Searches
A few courts have upheld the use of sneak and peek warrants, which ensure th... Read more >
Definition:
A statutory post-judgment proceeding in which a third party who holds property, money or credits belonging to the judgment debtor is required to surrender such property, money or credits (to the extent of the judgment) to the court or sheriff for application against the judgment awarded against the judgment debtor.
Felony
Definition:
An offense for which a sentence to a term of imprisonment in excess of one year may be imposed. For the purpose of sentence, felonies are divided into five categories or classes: A, B, C, D and E felonies.
Arraignment
Definition:
The court proceeding during which a person is informed of the charges against him or her.
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