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Surreptitious Entries Black Bag Jobs — Part 30
Page 52
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It is cbvious, therefore, that in reconsidering
this matter and restating our views, it is
impossible to forecast with certainty the future
trends of the Supreme Court in this area and to
predict their judicial acceptability."
Suprene Court Decision in the Irvine Case, 1954
While the Department was engaged in its study of
microphone surveillances, a significant case was decided by
the United States Supreme Court on February 8, 1954. In
this case, Irvine v. California, (347 0.8. 123) local law
enforcement officers, with authorization from the district
attorney, installed a microphone surveillance involving
trespass on the premises of Patrick E. Irvine. The police
re-entered Irvine's premises on two separate occasions to
chanre the location of the microphone. After installing the
microphone in his bedroon, they were able to obtain evidence
which led to his arrest on bookmaking charges.
The United States Supreme Court, in a five to four
decision, upheld the conviction on the grounds that the
illegally obtained evidence could be admitted in a state court
for a state crime and such admission did not violate the due
process clause of the Fourteenth Amcndment. However, the
Court strongly denounced the activities of the police and
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