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Surreptitious Entries Black Bag Jobs — Part 30
Page 61
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of trespass and for Departmental backing for FBI use of
microphone surveiliances culminated in a memorandum from
Attorney General Brownell to the Director dated May 20,
1954. This memorandum was, as previously noted, identical
with the final draft analyzed by Mr. Belmont and approved
by the Director. Pertinent portions of this memorandum
follow:
"The recent decision of the Supreme Court
entitled Irvine v. California, 347 U.S. 128,
denouncing the use of microphone surveillances
by city police in a gambling case makes
appropriate a reappraisal of the use which
may be made in the future by the Federal
Bureau of Investigation of microphone
Surveillance in connection with matters
relating to the internal security of the
country.
"It is clear that in some instances the use of
microphone surveillance is the only possible
way of uncovering the activities of espionage
agents, possible saboteurs, and subversive
persons. In such instances, I am of the opinion
that the national interest requires that
microphone surveillance be utilized by the
Federal Bureau of Investigation. This use
need not be limited to the development of
evidence for preseccution, The FBI has an
intelligence function in connection with
internal security matters equally as important
as the duty of developing evidence for
presentation to the courts and the national
security requires that the FBI be able to
use microphone surveillance for the proper
discharge of both of such functions, The
Department of Justice approves the use of
microphone surveillance by the FBI under
these circumstances and for these purposes...
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