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Surreptitious Entries Black Bag Jobs — Part 30
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cannot authorize the installation of a microphone
involving trespass under existing law," The Director
ordered that FBI microphone installations involving
trespass be terminated at once. This was done except
for three microphones in security cases,
Following Mr. McGrath's ruling, the Bureau
began discussions with the Department because it was
confronted with the problem of what actually constituted
trespass in the then existing law. At this time, 1952,
the Department believed that any microphone installation,
except a contact device, constituted trespass unless
approval were given by someone who controls the premises,
such as a Bureau informant,
Faced with this situation, the Executive
Conference of May 5, 1952, unanimously recommended
approval of the following which became Bureau policy:
(1) ‘that, basically, microphones be installed
without trespass; (2) that, if this is not possible, and
the intelligence to be gained is a necessary adjunct
to the investigation in select cases, consideration be
given to authorizing a microphone, After the Director
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