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HEARNAP — Part 10
Page 41
41 / 454
Memorandum to Mr. E. S. Miller
RE: ELECTRONIC SURVEILLANCE FOR INTELLIGENCE
PURPOSES ON THE SYMBIONESE LIBERATION ARMY
(SLA. IN THE PATRICIA HEARST CASE
surveillance operations against many
types of crime specified in Title III.
Often, too, the emphasis of domestic
intelligence gathering is on the pre-
vention of unlawful activity or the
enhancement of the Government's
preparedness for some possible future
erisis or emergency. Thus, the focus
of domestic surveillance may be less
precise than that directed against more
conventional types of crime,
Given these potential distinctions between
Title III criminal surveillances and those
involving the domestic security, Congress
may wish to consider protective standaras
for the latter which differ from those
already prescribed for pecified crimes
in Title III, Different standards may
be compatible with the Fourth Amendment
if they are reasonable both in relation
to the legitimate need of Government for
intelligence information and the protected
rights of our citizens, For the warrant
application may vary according to the
governmental interest to be enforced and
the nature of citizen rights deserving
protection. As the Court said in Camara
vy, Municipal Court, 387 U.S. 523, 534-535
(1967):
"In cases in which the Fourth Amendment
requires that a warrant to search be
obtained ‘probable cause’ is the standard
by which a particular decision to search
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