Fewer Than One Percent Of Patriot Act ‘Sneak And Peek’ Warrants Have Anything To Do With Terrorism

The Patriot Act, passed back in the early post-9/11 days when law enforcement agencies clamored for more powers to prevent another terrorist attack, gave authorities broad new powers to fight terrorism. One of those powers was so-called “Sneak and Peek” warrants, which allowed investigators to conduct a search without telling the suspect first. Now, 13 years later, fewer than one percent of those warrants are used in suspected terrorism cases. You can probably guess what the rest are used for.

According to an analysis by the Electronic Frontier Foundation (EFF), out of the 11,129 reported uses of the Sneak and Peek Warrant tactic in 2013, only 51 cases (.5 percent) involved suspected terrorism. The overwhelming majority (9,401 cases) were used for narcotics investigations.

But that doesn’t tell the whole story. The Sneak and Peek Warrant tool was used only sparingly in the days post 9/11, with just 47 Sneak and Peek searches between September, 2001 and April, 2003, according to Reason.

As EFF spokesperson Mark Jaycox explains, that number has gone up exponentially in the past few years.

“Law enforcement made 47 sneak-and-peek searches nationwide from September 2001 to April 2003. The 2010 report reveals 3,970 total requests were processed. Within three years that number jumped to 11,129.”

Washington Post writer Radley Balko points to an even more disturbing trend. As the number of Sneak and Peek Warrants goes up, the percentage of those warrants used for terrorism investigations goes down.

“Out of the 3,970 total requests from October 1, 2009 to September 30, 2010, 3,034 were for narcotics cases and only 37 for terrorism cases (about.9%). Since then, the numbers get worse. The 2011 report reveals a total of 6,775 requests. 5,093 were used for drugs, while only 31 (or.5%) were used for terrorism cases. The 2012 report follows a similar pattern: Only.6%, or 58 requests, dealt with terrorism cases. The 2013 report confirms the incredibly low numbers.”

Mr. Jaycox says that these figures are evidence that civil libertarians were right all along and giving unprecedented power to law enforcement under the guise of fighting terrorism would ultimately lead to this power – which was intended for use only in “exceptional” circumstances – being used as an everyday law enforcement tool.

“The numbers vindicate privacy advocates who urged Congress to shelve Section 213 during the Patriot Act debates. Proponents of Section 213 claimed sneak and peek warrants were needed to protect against terrorism. But just like we’ve seen elsewhere, these claims are false.”

These revelations come as Americans’ privacy rights continue to be eroded. Last week, according to this Inquisitr report, the Supreme Court agreed to review a case that challenges law enforcement agencies’ habit of inspecting hotel guest registries, without cause and without a warrant.

Do you believe the portion of the Patriot Act that allows for Sneak and Peek warrants to fight terrorism is being improperly used? Or is fighting the Drug War an important aspect of fighting terrorism? Let us know what you think in the Comments below.

[Image courtesy of: Mug Shot Museum]