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No Notification Insert Language Example

No Notification Insert Language Example

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Published by Shawn Freeman

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Published by: Shawn Freeman on Aug 28, 2010
Copyright:Attribution Non-commercial

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09/02/2010

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This is an example of a covert search warrant or a ³sneak and peek´ searchwarrant. The paragraphs that are in italics has ³boiler plate´ language that should beincluded for these types of search warrants. You should also include specific reasonswhy the ³sneak 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 intohiding 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 thediscretion of the officers executing this warrant, when the locations to be searched areunoccupied 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 themagistrate.
Your affiant is wary that immediate notification of search warrant execution at5541 Green Lane will cause adverse results in the ongoing investigation for the followingreasons:
y
 
There are several more locations involved in this large scale operation
y
 
I
nvestigation has established that several suspects at these locations have been involved in continuous and regular shipments of narcotics into thestate for several years and, therefore, they are experienced andsophisticated in the operation of and evasion from detection by lawenforcement
 
y
 
Your affiant believes that future loads of marijuana, cocaine, andmethamphetamine will be shipped from Mexico - law enforcement will be able to interdict these shipments and use the seizure of said narcoticsas corpus, facilitating the arrest of other involved drug dealers
y
 
O
ther members of this operation will use information obtained fromnotification of the warrant as intelligence to modify/limit their operation, jeopardizing planned future seizures and arrests
y
 
The safety of all officers involved in the investigation will be placed athigher risk if the organization is prematurely alerted that their drug business has been compromised through information obtained from aninformant and our ensuing investigation
y
 
The safety of the CR 
I
will be jeopardized if the organization is alertedthey have been compromised (prior to the arrest of said subjects)
y
 
Gonzalez (as well as many other subjects involved) has a proven recordof violence in his past, including arrests for 148 PC, 182 PC, 211 PC, 459PC, 245 (A) PC, and 242 PC
y
 
I
t is conceivable that the subjects involved, who are Mexican in decentand have strong ties to that country, will travel to and remain in Mexico,avoiding arrest and prosecution for the drug business they have beenoperating 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, ³the court finds reasonable cause to believe that  providing immediate notification of the execution of the warrant may have an adverseresult (as defined in section 2705)´ Per section 2705 regarding delayed notice, ³(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 anorder 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 

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