L.A. Noir: The Struggle for the Soul of America's Most Seductive City

“That officers of the law would break and enter a home, secrete such a device, even in a bedroom, and listen to the conversation of the occupants for over a month would be almost incredible if it were not admitted,” the majority continued. “Few police measures have come to our attention that more flagrantly, deliberately, and persistently violated the fundamental principle declared by the Fourth Amendment as a restriction on the Federal Government.” But the court nonetheless concluded that this restriction was one that applied only to the federal government.

“[I]n a prosecution in a State Court for a State crime, the Fourth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure,” wrote Justice Robert Jackson in the 5-4 majority decision. As a result, the court declined to overturn the conviction. However, in what Earl Warren biographer Jim Newton describes as the “extraordinary” final paragraph of the opinion, Justice Jackson and Chief Justice Warren took the highly unusual step of noting that federal law allowed for the prosecution of police officers who, acting under color of authority, willfully deprived a person of a federal right such as the right to be secure in one’s home. The two justices then directed the court clerk to forward a copy of the record in this case, together with a copy of this opinion, to the U.S. attorney general for possible prosecution.

Parker was dumbfounded—and outraged. The highest court in the land had essentially described one of the most valuable tools in law enforcement—the dictograph—as something evil. In Parker’s opinion, this description was incorrect and, in light of dictographs’ long history as useful law enforcement tools, bizarre.

“Since the advent of appropriate electronic devices, the police of this state have utilized such devices to gather information and evidence concerning criminal activities,” Parker responded three months later, in a speech at the Biltmore Hotel marking National Crime Prevention Week. He insisted that they did so in ways that were tightly controlled. Section 6539(h) of the California Penal Code allowed dictographs only when expressly authorized by the head of a police force or by the district attorney. The evidence thus obtained, Parker insisted, had been invaluable in the department’s fight against organized crime:

A reputed overlord of crime in this area is now serving a term in a federal prison as a result of a prosecution in which information obtained through the use of dictographic equipment contributed materially. Two reputed members of the Mafia, who escaped federal prosecution for narcotic violations when a key witness against them was found murdered, were recently convicted of crimes in the courts of this state based upon evidence obtained through a dictograph installation. The reputed head of the local Mafia is now awaiting deportation, largely as the result of a local conviction obtained through the use of a dictographic installation. One such installation alone aided our department in solving forty-three serious crimes.

If anything, Parker continued, California’s total ban on wiretapping was too restrictive. Attempts by Parker and other chiefs to create a mechanism that would allow them to ask a court for permission to intercept telegraphs and tap telephones based on probable cause had stalled in the legislature, creating what Parker described in one speech as providing “a Yalu river sanctuary within the vast telegraphic and telephonic communications network of the United States within which to plan and transact their illegal activities with impunity.” Parker’s allusion—a reference to the river redoubt from which the Chinese Army had attacked U.S. forces during the Korean War—could hardly have been more pointed.