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Memorandum to Mr. J. B. Adams Re: SURREPTITIOUS ENTRIES 66-8160 DETAILS: In a memorandum of January 20, 1976, the Depart- ment’s Civil Rights Division, which has at the instruction of the Attorney General been conducting an inquiry into investigative matters of the FBI which involved surreptitious entry, requested that Headquarters inquire of SAC level and higher in the field, and Section Chief and higher at Head- quarters, for their knowledge of surreptitious entries made by the FBI, or others with FBI knowledge, since January l, 1966. (Copy of request attached). In a memorandum of February 5, our Legal Counsel Division solicited the Department's position with respect to what information our personnel might be given as to the pur- pose of the Civil Rights Division's inquiry; whether our litigation arising from the inquiry; and what the Department's position is with respect to representation of Bureau personnel should they become defendants in civil litigation. (Copy of memorandum attached). In their response of February 24, the Civil Rights Division advised they were not currently contemplating criminal prosecution of Bureau personnel and that their present posture was investigative only. It was their opinion that no Miranda situation existed,therefore, Bureau personnel required no advice of rights. Further, the Civil Rights Division indicated it would expect Bureau personnel to furnish whatever information they might have with respect to surreptitious entries; however, the Department assumed our officials would have the right not to furnish information if they felt it would tend to implicate them criminally. In addition, the Department felt there was no significant possi- hi lesb - 4 = 2 4 Lo mtere I ie ee ee ee ee ee ae ne ee ae tm Lhe MLiLLEy UL CLViIidt LLE1Y9aAtivi,; ai tat oY OULiLOtalL 241 Ut Department would be in a position to make a judgment on representation of Bureau personnel until all facts were available in a particular case. (Copy of memorandum attached). -~2 - CONTINUED - OVER