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whe Cte, Ot eS 2? Uni TED STATES’ ~ Memorandum SBIQ- 186 IVERNMENT Mr. E. S. Miller 7M +s ager. Ceo Leo. D adm Deg. 4D tev, . Aaa. Dies te 6 ddmia, wre, 9/28/74 Comp. Spat. — + Ext. Alfoira _ Filer & Cor. — Gant a - : - a oo. ‘tent, cn ass 23 " Inepection -— . . ; Leborctory _ . . . Plow. & Evel, . ' . Spec. ine, - SUBJECT: ELECTRONIC SURVEILLANCE FOR Selene - Lego oun. INTELLIGENCE PURPOSES ON THE / - SYMBIONESE LIBERA Memorandum TION ARMY (SLA) IN THE PATRICIA HEARST CASE from Mr. Wannall to Mr. Miller, captioned "as above, dated March 25, 1974, proposes that the FBI prepare an affidavit to support an to be used in the Hearst kidnaping case. application for a court-ordered surveillance In the absence of probable | cause to obtain an order under Title II, the memorandum suggests © court has a power and that a Federal court be approached with the proposition that the a responsibility to act in the absence of legislation where the surveillance is needed for intelligence purposes in order to solve the kidnaping. 7 fo oe . As correctly pointed out.in the memor andum, there is no Tale phone Rm. . Director Sec’y . ae . authority in the statutory law to support the issuance of a court order |. Po _ for electronic surveillance in domestic matters other than Title U1. : 7 . ‘he argument presented by the memorandum is that if a court could . Oo oe basicflaws. The first nen 1 - Mr. Gebhardt - Fog = rau mid _ “gonegsem be convinced of the reasonableness of our need, the issuance ofa court order would satisfy the Fourth Amendment and would then 7 _- - bea test case on the question of whether domestic intelligence. § os... _ . electronic surveillance is necessary and proper under the law. _ As commendable as this effort is, unfortunately I cannot agree with the recommendations in the memorandum. difficulty is that while the Congress cannot by lad, / 52 2. 28 = - ~n fF, 1"; i a on Lo Am 9 em CONTINUED - ‘OVER . ‘f i gv a : soa wR INS a a ool wonmaig eT eee Paes sae . There are two |