◆ SpookStack

" • e Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 - 52 than is necessary to that end.34/ The standards that guide presidential conduct and the conduct of the Department of Justice draw their substance from the evolving principles of Fourth Amendment jurisprudence. Under those standards the , East Coast Project could not now lawfully be approved.35/ 34/ Cf. United States v. Martinez-Fuerte, 428 U.S. ,96 S:- Ct. 3074 (1976) (cars may be stopped without probable cause bra warrant for a brief scrutiny, so long as the overall pro- ,·. gram of stopping cars is reasonable and productive); Camara v. Municipal Court, 387 U.S. 523 (1967) (warrants to search houses may be obtained on probable cause to believe that a building code violation has occurred). Building on this and similar Supreme Court analyses, the Administration proposed legislation to provide for the issuance of a judicial warrant authorizing the use of electronic sur- veillance in foreign intelligence and foreign counterintelligence cases. That legislation would have required proof of probable cause that the target of the surveillance was a foreign power or an agent of a foreign power and a submission of a certification signed by a high level executive official that the information sought was necessary to the·foreign intelligence or foreign tounterintelligence needs of the federal government. It also required the court's review of procedures to minimize the acqui- sition and retention of extraneous information. 35/ See United States v. Brown, supra; United States v. Butenko, supra; United States v. Ehrlich:man. supra. On the constitutional standards for the approval of domestic wiretaps, see Berger v. New York, 388 U.S. 41 (1967); Katz v. United States, supra; United States v. Kahn, 415 U.S. 143 (I9i'4); United States v. Scott, 516 F.2d 751 {D.C. Cir. 1975); certiorari aenied, 425 U.S. 917 (1976). Cf. United States v. Donovan, certiorari granted. 424 U.S. 907 (1976), argued October 13, 1976. A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4