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._ ~*~. . =f + —=eets S u Vou eau su & ~nne * noe Department Broadens Ite Interpretation of Trerpaes, 1952 Following the receipt of the memorandum of Attorney General McGrath dated February 26, 1952, the Eureau was still confronted with the problem of what actually constituted trespass in the then existing law. Accordingly, “aiother set of hypothetical situations involving microphone Surveillances vas presented to the Departnent in a mwenorandun dated February 28, 1952. (Exhibit 22) The Departuent's nenorandum of reply, dated April 10, 1952, furnished a " tentative, but much broader, conception of what constituted trespass. (Exhibit 23) For example, the penetration of a common wall was said to partake of the nature of a trespass. It was even said, in contrast to an earlier opinion, that an installation of a microphone in the air space above the ceiling of a room occupied by a subject now constituted trespass. Another opinion advanced, in contrast to earlier advice, was : that a guest in a hotel had the exclusive use of his room and , the absolute right of privacy.