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it Pedi , que Mote ees ated « me 3, ag - Memorandum C. D. Brennan to ur. W. C. Sullivan et Oe ge. RE: _ELECTRONIC SURVEILLANCES — . 66-8160 agencies should submit their requests directly to the Attorney General, By memorandum dated June 1, 1967, Clark replied that although the Director was correct in his observatbn, he, Clark, . did not believe that the requesting agencies should bypass the ‘ bureau and communicate directly with him. Memorandum of July 2, 1968, from ‘the Director requested the Attorney General's views and statement of policy concerning the effect the Omnibus Crime Control and Safe Streets Act of 1968 would have on our past, present, and future electronic surveillance in the internal security field. No reply was received from Clark in spite of follow-ups having been sent on Tour OCGasions prior to his leaving office. : Microphone Surveillances Policy The early use of microphones by the FBI is not recorded in any detail. It appears that they were used in the late 1920's and early 1930's to obtain intelligence in criminal cases. Prior Bureau authorization of microphone installations was first required ain 1490 owe am thn ie de ieee mms haa danantanw hee maintait nara ha £0707 ana since toat walls , MUs Cel ae as WM a. bed S Maw MELISS BS Me tight control over the field in the use of these devices, Over the years, the FBI continually sought legal advice from the Department concerning microphone installations and the admissabilit: of evidence obtained from them. In the early 1940's the Department “relied on a Supreme Court decision in Goldman v. U.S. which held th a microphone surveillance was not equivalent to an illegal search and seizure prohibited by the Fourth Amendment. On this basis, the Department advised that evidence from a microphone surveillance would be admissable, In 1946, the Department, recognizing the tun- settled state of the law in this area, continued to “maintain their ‘position even though Bureau officials continued to be concerned about the admissability of evidence obtained from microphones involving trespass. ; ee In 1951, the overall issue of microphones involved in trespass ws presented directly to the Department. The Department ruled that they would not approve any installation of microphones involving trespass, an illegal activity. This presented a problem because under the then existing law it was difficult to determine what actually constituted trespass. Faced with this situation, the Executive Conference of May 5, 1952, unanimously recommended that microphones be installed without trespass and that if this is not soesible and the intelligence to bea gathered is = necessary adiunct 7 PVGOaU ES BS EES AsV eA Be Se wae = Sele to the investigation in select cases, consideration be given to. authorizing a microphone, In,1952 Attorney General MeGranery . —~ CONTINUED - - OVER |