San Diego Law Review


Gail Armist

Library of Congress Authority File


Document Type



This Note examines federal circuit law in the area of covert warrants. Specifically it discusses a Second Circuit Court of Appeals decision upholding a warrant that authorized surreptitious entry into private premises in light of Ninth Circuit law striking down a similar warrant for failure to provide for reasonable post search notice. The author analyzes the potential effects of the Second Circuit's decision on the area of covert warrants in the Ninth Circuit and examines the constitutionality of these warrants. After placing the covert warrants in the context of the Constitution, Title III of the Omnibus Crime Control and Safe Streets Act, and federal circuit law, the author concludes that due to their inherent danger, the issuance of covert warrants should be strictly limited to comport with the fourth amendment.