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Surreptitious Entries Black Bag Jobs — Part 25
Page 98
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Memorandum to Cleveland
Re; Surreptitious Entries
In regard to question 21 of referenced memorandum
dated December 8, 1975, all fequests to the Attorney General
for the installation of electronic devices since 1970 have
been in the form of Title III applicaticns. These appiications
are reviewed for sufficiency of probable cause and are either
authorized by the Attorney General or returned for further
development of probable cause. As a result, it is difficult
to maintain an accurate record of instances since 1970 when
the Attorney General permission for the installation of
listening devices was denied. On numerous occasions, Title III
applications sent to the Department of Justice have remained
there for many weeks with no action being taken, thereby
rancy af tha nroahahla crauca and ranniringe tha
submission of a new affidavit updating the previous information
or targeting new individuals and locations. It is pointed out,
however, that no entries into premises were conducted prior
to the decision of the Attorney General and the obtaining of
the appropriate court order,
In regard to question 22, no pre court order surveys
have been conducted in relation to any Title III microphone
installations supervised by the Special Investigative Division.
In those instances where microphones have been installed,
the initial entry was not conducted until the issuance of
the court order and, if no microphone installation was possible,
it was not installed.
In regard to question 23, no written cr oral
instructions have been furnished to the field in regard to
surreptitious entries in connection with the installation
ef Title IJI microphones. As has been pointed out in the
answer to question 20, procedures are prescribed by law and
monitored by the local United States Attorney or Strike Force
Attorney.
ACTION:
That this memorandum be routed to the Intelligence
Division which is coordinating the Bureau's reply in this
matter. hk
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