◆ SpookStack

x : oN Memorandum to Mr. E. S&S. Miller . RE: ELECTRONIC SURVEILLANCE FOR INTELLIGENCE PURPOSES ON THE SYMBIONESE LIBERATION ARMY (SIA) IN THE PATRICIA HEARST CASE is tested against the constitutional mandate of reasonableness...In determining whether a particular inspection is reasonable - and thus in determining whether there is probable cause to issue a warrant for that inspection - . the need for the inspection must be weighed in terms of these reasonable goals of law enforcement." It may be that Congress, for example, would judge that the application and affidavit showing probable cause need not follow the exact requirements of g 2518 but should allege other circum- stances more appropriate to domestic security cases; that the request for prior court authorization could, in sensitive cases, be made to any member of a specially designated court (e.g., The District Court or Court of Appeals for the District of Columbia); and that the time and reporting requirements need not beso strict as those in g 2518, The above paragraph does not, of course, attempt to guide the congressional judgment but rather to delineate the present scope of our own opinion. We do not attempt to det2il the precise standards for domestic security warrants any more than our decision in Katz sought to set the refined reauirements for the specified criminal surveillances, which now constitute Title III. We do hold, however, that prior judicial approval is required for the tyne of domestic security surveillance involved ia this case and that such approval may be made in accordance with such reasonable standards as the Congress may prescribe, -5- CONTINUED - OVER etre oe et rc. a 7 me tee MEE et ee aT oc Me ALT ‘ . ~ -. -. ‘ ~~ ey of Ty