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Surreptitious Entries Black Bag Jobs — Part 30
Page 11
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\ oaterres with Attorney General McGranery on June 6,
1952, the Attorney General authorized microphone
installations in security cases even though trespass
might be committed,
Bureau officiais had regular discussions |
with Departmental Attorneys in an attempt to obtain
a modification of the Department's strict interpreta-
tion of what constituted trespass in the installation
of microphones. These discussions were influenced by
a 1954 Supreme Court decision, Irvine v, California,
Although the Court held that evidence obtained illegally
by police from a microphone installed in a bedroom was
admissible in a state court on 2 gambling charge, it
described the conduct of the police as “incredible.”
This led the Department to conclude that the Court
might decide the admissibility of evidence obtained by
Federal officers from a microphone by balancing their
“reprehensible” conduct against the nature of the crime
and the weight of the evidence. |
The negotiations with Departmental Attorneys
for a modification of their interpretation of trespass
ow mm ee es ee ee eee me
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