Why did critics argue that Section 213 sneak-and-peek searches were unreasonable under the Fourth Amendment?
Critics of the USA PATRIOT Act argued that Section 213 "sneak-and-peek" searches were unreasonable under the Fourth Amendment because they authorized searches in which notification of the target was delayed until after the search had been executed.1
The Fourth Amendment protects individuals against "unreasonable searches and seizures" and requires that warrants be issued only upon probable cause, specifically describing the place to be searched and the items to be seized. Critics contended that the ability to delay notificationāwhich could be extended indefinitely for "good cause shown"āviolated the established legal interpretation of what constitutes a reasonable search, as it undermined the fundamental privacy protections and the principle that a person's home is their "castle".231