Section 213 is often referred to as the “sneak and peek” section. It authorizes surreptitious search warrants , seizures upon a showing of “reasonable necessity” and eliminates the requirement of Rule 41, Fed. R. Crim.P. that immediate notification of seized items be provided.
Delayed rather than immediate notification is authorized if the Court finds reasonable cause to believe that immediate notification may have an adverse effect, such as by jeopardizing an investigation. In such event, notice must be given within a “reasonable time.” While Title III authorizes delayed notice of interceptions of wire and oral communications, there is no corresponding provision in current law authorizing secret searches for physical evidence.
The effect of this provision is to allow the police to enter and search a home without telling anyone they have done so, seriously undermining the Fourth Amendment and one’s ability to mount a fourth amendment challenge to the search or any other kind of defense.
Section 213 is not limited to terrorism investigations. It applies to the search and seizure of any property or material pursuant to a search warrant “that constitutes evidence of a criminal offense in violation of the laws of the United States.” There is no sunset provision for this section.
[Source: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001: An Analysis by Stanley Mailman; Jeralyn E. Merritt; Theresa M. B. Van Vliet; Stephen Yale-Loehr (published by Lexis Publishing and available on line through the link above or the Lexis.Com bookstore.)
Don't get your hopes up, though. In July, 2003, the House voted to end the practice, but even that wasn't enough.
