“Sneak-and-peek” warrants, the delayed-notice search power that Section 213 of the USA PATRIOT Act wrote into federal law in October 2001, have been used mostly in drug cases, not terrorism cases: in fiscal year 2010, federal courts’ own figures showed 76% of requests involved drugs and fewer than 1% involved terrorism. When President Obama signed a four-year Patriot Act extension in May 2011, that mismatch became one of the strongest arguments critics had.
What Happened
A sneak-and-peek warrant lets federal agents enter a home or business, search it and leave without telling the occupant at the time. Notice comes later. Under 18 U.S.C. § 3103a, a judge can approve the delay if immediate notice “may have an adverse result,” such as tipping off a suspect or putting evidence at risk. Notice must normally come within 30 days of the search, and judges can grant extensions of up to 90 days at a time for good cause.
The 2005 Patriot Act reauthorization required the Administrative Office of the U.S. Courts to report these warrants to Congress each year, starting with fiscal 2007. The early numbers drew attention fast. Senator Russ Feingold of Wisconsin, the only senator who voted against the original Patriot Act, cited the July 2009 report: 763 sneak-and-peek requests in fiscal 2008, only three of them tied to terrorism. Reporting at the time, including a Cato Institute summary, put the drug share at about 65%.
The fiscal 2010 report, released in July 2011, showed the pattern growing:
| Fiscal 2010 delayed-notice requests | Number |
|---|---|
| Total requests (warrants plus extensions) | 3,970 |
| Drug offenses | 3,034 (76%) |
| Extortion and racketeering | 166 (4%) |
| Fraud | 115 (3%) |
| Terrorism | 37 (under 1%) |
| Requests denied | 20 |
The most common delay judges approved was 90 days. The busiest districts were the Southern District of California, the Southern District of Texas and the Northern District of Georgia, all major drug-trafficking corridors.
Why It Mattered
The Patriot Act passed six weeks after the September 11 attacks and was sold as a counterterrorism law. Section 213, however, was never limited to terrorism. It applies to any federal crime, which is why the Electronic Frontier Foundation called it one of the act’s most troubling provisions. Drug enforcement, which already generated huge numbers of federal search warrants, absorbed the new tool quickly.
For marijuana users the issue was concrete. In 2011 no state allowed adult-use cannabis, and federal agents were still raiding medical dispensaries in states that had legalized them. A secret search power aimed at drug cases fit the broader war on drugs pattern of enforcement tools built for one purpose and used for another.
What Happened Next
Congress passed the PATRIOT Sunsets Extension Act on May 26, 2011, hours before three provisions were due to lapse. Obama, traveling in France, authorized an autopen to sign it, as the Los Angeles Times reported the next day. The extension covered roving wiretaps, business-records orders and the “lone wolf” provision. Section 213 was not part of the debate because it had never carried an expiration date. It was permanent from the start.
Use kept rising. The Electronic Frontier Foundation’s review of later court reports counted 6,775 requests in 2011 (5,093 for narcotics, 31 for terrorism) and 11,129 in 2013 (9,401 narcotics, 51 terrorism). Legal scholar Orin Kerr argued in the Washington Post that the totals likely include other delayed-notice orders, such as GPS trackers and email searches, not only physical entries. The drug share is not disputed.
The three provisions extended in 2011 were renewed again by the USA Freedom Act in 2015 and expired in March 2020 when Congress failed to reauthorize them. Section 213 was untouched by both fights.
Where It Stands in 2026
Delayed-notice warrants remain fully available to federal agents under 18 U.S.C. § 3103a, and the courts still report them to Congress each year. Federal marijuana law has changed more than the warrant power has. As of 2026, marijuana held under a state medical license is in Schedule III, while adult-use marijuana remains Schedule I; our federal marijuana law guide explains the details, and the cannabis laws hub covers each state.
Sneak-and-Peek Warrants FAQ
What is a sneak-and-peek warrant?
It is a federal search warrant that lets agents search a property without notifying the owner at the time. Notice is delayed, usually up to 30 days, with court-approved extensions.
Are sneak-and-peek warrants mostly used for terrorism?
No. Federal court reports show drug cases dominate. In fiscal 2010, 76% of requests involved drugs and 37 of 3,970 involved terrorism.
Did sneak-and-peek warrants expire with other Patriot Act provisions?
No. Section 213 never had a sunset date. The provisions that expired in 2020 were roving wiretaps, business-records orders and the lone wolf provision.
Did Obama renew the Patriot Act in 2011?
Yes. He signed a four-year extension of three expiring provisions by autopen on May 26, 2011, while in France.
Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.