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So TO FROM SUBJECT: 8 APR 21970 ae vee + aey 1907 £8 1M Pe \t "Gta GUM, tO. bo, 27 : OPTINAL IGhm HO. 10 1010-106 Jolson UNITED STATES GOVEKNMENT een <A TE idemprandum aa JUNE — DATE: December 19, 1969 -1-Mr. DeLoach 1-Mr, Rosen WIRETAPPING AND . ELECTRONIC SURVEILLANCES To recommend that Departmental requests for pre-trial electronic surveillance checks concerning defendants be handled by the Division recommending and supervising these installations throughout the period covered by the Department's request. Recent Supreme Court decisions have held that a defendant is SEE secure against illegal electrofiic surveillances which monitor his conversations YY) ae as well as illegal electronic surveillances installed on his premises (home, office and so forth) regardless of whether he was present or whether he was monitored (avoids monitoring other persons on his premises and use of such NX : information in building a case against the defendant). Current Bureau instructions require written authority from the Attorney General prior to installation of all such surveillances in accordance with detailed instructions from the Attorney General. In compliance with court holdings, the Department routinely requests details of monitoring concerning defendants’ conversations prior to the time of trial, These requests require all surveillance logs of conversations in which the defendant has participated, logs of all conversations on premises in which the defendant has a proprietary interest as well as complete Getails concerning dissemination of information received from these sources. 7 ay ORIGINAL CILESS * Handling by the installing Division retains these highly sensitive “need-to-know basis'' documents to review by a minimum number of personnel, Close, continuing supervision is required by the Bureau to insure that instructions issued by the Attorney General are being fully complied with by ay the field. This supervision is afforded by the Division requesting the installation.” | RECOMMENDATION: . oe | | That these requests be handled by the installing and supervising % Division rather than the Division responsible for prosecution in order to ingure prompt, efficient handling : and a greater degree of security in the sensitive Bay OZ-a7 i ADDENDUM PAGE TWO ‘AND THREE... Vo 10