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Surreptitious Entries Black Bag Jobs — Part 30
Page 26
26 / 115
Pertinent portions of Holtzoff's reply were
incorporated in a lettor to all Special Agents in Charge
dated August 15, 1944. (2xhibit 10) The felloving
pertinent quotations are taken from this letter:
"*], Whore a contact microphone is used
upen the outer extremities of the premises and
where no trespass hag been nade upon the
premisea fron whieh the inforznution is being
obtained.’
"The evidence so obtained is cleariy admissible.
"'2,. Where a microphone, not c* contact
microphone, is placed against the innermost
property line of the premises of theo
individual in question. Tho type of
installation hed in mind is where the wall,
baseboard, or otner property is sone through
from an adjoining room and the microphone
placed against the wall, baseboard, telephone
box, etc., of the premises in question.’
“fhe evidence so obtained is clearly admissible.
{It should be borne in mind in this connoction..
that evidence obtained by a trespzss not
amounting to an unlawful search and seizure
is not rendered inadmissible nmeroly because
of the means by which it was secured.
oe
3, Whero entrance is had into the
premises in qucstion with permission of the
janitor, manaser, or anyone else in authority
and a microphons installation made within
' the confines of the room itself. It will be
; appreciated if an opinion is vontured in
; thts rogard: first, where the installation
i ig wade prior to the tine that the porson
‘ actually takos possession of the proporty}
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