"Sneak and Peek" searches allow the gov't. to conduct searches of Americans homes in secrecy
The Bush administration sold the Patriot's Act's expansion of law enforcement powers, including "sneak and peek" searches in which the target of the search is never notified that his home has been searched, as necessary to defend the citizens of the US from terrorist attacks, but that's not how federal law enforcement has used its sweeping new powers.
According to a July report from the Administrative Office of the US Courts (thanks to Ryan Grim at the Huffington Post), of 763 sneak and peek search warrants issued last year, only three were issued in relation to alleged terrorist offenses, or less than one-half of 1% of all such black-bag clandestine searches. Nearly two-thirds (62%) were issued to investigate drug trafficking offenses.
The report also includes figures on existing warrants that were extended last year. When new and extended warrant figures are combined, the total number of warrants was 1,291, with 843, or 65%, for drug investigations. Only five of all new or extended sneak and peek warrants were for terrorism investigations. Of 21 criminal offense categories for which warrants were issued or extended, terrorism ranked 19th, exceeding only conspiracy and bribery.
As Grim noted, Sen. Russ Feingold (D-WI), a leading critic of the PATRIOT Act, challenged Assistant Attorney General David Kris about why powers supposedly needed to fight terrorism were instead being used for common criminal cases.