◆ SpookStack

Recognizing the unsettled state of the law in this area, the Department in 1946 observed signifi- cantly, "...the operation of the FBI in detecting crime should not be disturbed merely upon a possibility..." Despite this comment by the Department, Bureau officials continued to be concerned about the admissibility of evidence obtained from microphones involving trespass. .In a review of existing policy on microphone installations by the Executive Conference on June 9, 1950, it was noted that the Department had knowledge of the FBI's use of microphones involving trespass in some cases. Nevertheless, the Bureau was installing and using microphones on its own authority--without authorization from the Department. The comment was made that the Bureau, in countenancing illegal activities by authorizing some microphones which involved trespass, was influenced by its overriding obligations to gather intelligence information in the security field and to safeguard the welfare of the country. 7 In this situation, the Bureau faced a dilemma. Although the Attorney General had authority by Presidential Directive to approve wire taps, he had no such 2 ee woe