◆ SpookStack

Legal Guidance Obtained from Department, 1946, 1947 The Bureau's concern for close supervision and tight control of nicrophones is evident again in the early postwar period. Following the pattern of presenting hypothetical » Situations involving the use of microphones which had been established by the memorandum to Special Assistant to the Attorney Genoral Holtzoff in 1944, the Director continued to make similar inquiries of the Department. Assistant Attorney General T. Lamar Caudle responded to one such inguiry by memoranda dated December 3 and December 13, 1946, (Exhibtt 43) The Department's encrers to these hypothetical situations revealed a transformation in its interpretation of the law regarding the admigsibility of evidence obtained from microphones. In brief, Mr. Holtzoff had felt that the evidence might be admissible even if a trespass were committed, because a microphone did not constitute an unreasonable search and seizure under the Fourth Amendment. The Department was now of the opinion that evidence against the defendant obtained from a microphone would not be admissible even if entry into tho F epace were made under color of authority, such as with the cooperation of a landlord or hotel manager. me ee ee eee eee eee