Whether the enhanced surveillance procedure under Section 213 of the U.S. Patriot Act is presumptively unconstitutional

QUESTIONS PRESENTED lL. Whether the enhanced surveillance procedure, under Section 213 of the U.S. Patriot Act, 18 U.S.C. §3301 (Commonly known as “Sneak and Peek” or the “Delayed Notification” Provision), is presumptively unconstitutional as applied in New Jersey when the Legislature has not enacted a similar statute under the New Jersey Wiretap Act? 2. Whether the Separation of Powers Clause under the New Jersey State Constitution, Article III, Paragraph 1, is violated, requiring the suppression of unlawfully seized evidence under the Fourth Amendment, when the Judiciary endorsed a Probable Cause search warrant , based on the “Sneak and Peek Provision? 3. Whether the Tenth Amendment to the United States Constitution is violated when the “Sneak and Peek” Provision runs afoul of Federalism? i