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Surreptitious Entries Black Bag Jobs — Part 30
Page 27
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second, where the installation is made after
the person is actually in possession and
occupying the promises.’ ~
"The evidence is clearly admissible if tha
installation is made prior to the tine when
the subjcct actually takes possession of the
proparty. Cn the basis of the principles
heretofore stated, it would scem also that
the evidence should be. admissible even if
the installation is made whiice the subject
ds actually in possession and occupying the
promises.
i]
""4, Where the cxisting facilities within
the prenmiscs are used merely through a ueans of
rewiring tha same. It is neant by this that no
actual micronhone ig installod and that the
facilitics presently on the premises are used for
this purpose. It will bo appreciated in this
regard iz you will venture an opinion: first,
where the sano is installed with peraission of
the janitor, tanaser, or other person of possible
authority; second, wnere an actual trespass is
committed.’
"The answer applicable to case No. 3, just
discussed, aiso governs the situation in case
No. 4. It is undorstood that reviring does not
involve any intorception of 4 conversation
passing over a tolephone wire.
"tS. Where an actual trespass is committed
and a microphena installation is nade within the
confines of the premises in question.'
“On the basis of tho principles heretofore
discussed, it vould scem that avidence so
obtained should be admissible, althouzh no
preciso case decided by the courts involving
such a situation has been found. The basic
principlo governing tho situation is tho one
horotofore discussed, namely, that trespass
not amounting to unlawful search and scizure
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