Military Police Investigations, 36028-36033 [05-12310]

Download as PDF 36028 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations Compact Council accepted comments on the proposed rule until March 21, 2005; however, no comments were received. Administrative Procedures and Executive Orders Administrative Procedure Act This rule is published by the Compact Council as authorized by the National Crime Prevention and Privacy Compact (Compact), an interstate/Federal compact which was approved and enacted into law by Congress pursuant to Pub. L. 105–251. The Compact Council is composed of 15 members (with 11 State and local governmental representatives). The Compact specifically provides that the Council shall prescribe rules and procedures for the effective and proper use of the III System for noncriminal justice purposes, and mandates that such rules, procedures, or standards established by the Council shall be published in the Federal Register. See 42 U.S.C. 14616, Articles II(4), VI(a)(1), and VI(e). This publication complies with those requirements. Executive Order 12866 The Compact Council is not an executive department or independent regulatory agency as defined in 44 U.S.C. 3502; accordingly, Executive Order 12866 is not applicable. Executive Order 13132 The Compact Council is not an executive department or independent regulatory agency as defined in 44 U.S.C. 3502; accordingly, Executive Order 13132 is not applicable. Nonetheless, this Rule fully complies with the intent that the national government should be deferential to the States when taking action that affects the policymaking discretion of the States. Executive Order 12988 The Compact Council is not an executive agency or independent establishment as defined in 5 U.S.C. 105; accordingly, Executive Order 12988 is not applicable. Unfunded Mandates Reform Act Approximately 75 percent of the Compact Council members are representatives of state and local governments; accordingly, rules prescribed by the Compact Council are not Federal mandates. Accordingly, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 Small Business Regulatory Enforcement Fairness Act of 1996 The Small Business Regulatory Enforcement Fairness Act (Title 5, U.S.C. 801–804) is not applicable to the Council’s rule because the Compact Council is not a ‘‘Federal agency’’ as defined by 5 U.S.C. 804(1). Likewise, the reporting requirement of the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act) does not apply. See 5 U.S.C. 804. List of Subjects in 28 CFR Part 904 Crime, Health, Privacy. Accordingly, title 28 of the Code of Federal Regulations, chapter IX is amended by adding part 904 to read as follows: I PART 904—STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS Sec. 904.1 Purpose and authority. 904.2 Interpretation of the criminal history record screening requirement. 904.3 State criminal history record screening standards. Authority: 42 U.S.C. 14616. § 904.1 Purpose and authority. Pursuant to the National Crime Prevention and Privacy Compact (Compact), title 42, U.S.C., chapter 140, subchapter II, section 14616, Article IV (c), the Compact Council hereby establishes record screening standards for criminal history record information received by means of the III System for noncriminal justice purposes. § 904.2 Interpretation of the criminal history record screening requirement. Compact Article IV(c) provides that ‘‘Any record obtained under this Compact may be used only for the official purposes for which the record was requested.’’ Further, Article III(b)(1)(C) requires that each Party State appoint a Compact officer who shall ‘‘regulate the in-State use of records received by means of the III System from the FBI or from other Party States.’’ To ensure compliance with this requirement, Compact Officers receiving records from the FBI or other Party States are specifically required to ‘‘ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate ‘no record’ response is communicated to the requesting official.’’ Compact Article IV(c)(3). PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 § 904.3 State criminal history record screening standards. The following record screening standards relate to criminal history record information received for noncriminal justice purposes as a result of a national search subject to the Compact utilizing the III System. (a) The State Criminal History Record Repository or an authorized agency in the receiving state will complete the record screening required under § 904.2 for all noncriminal justice purposes. (b) Authorized officials performing record screening under § 904.3(a) shall screen the record to determine what information may legally be disseminated for the authorized purpose for which the record was requested. Such record screening will be conducted pursuant to the receiving state’s applicable statute, executive order, regulation, formal determination or directive of the state attorney general, or other applicable legal authority. (c) If the state receiving the record has no law, regulation, executive order, state attorney general directive, or other legal authority providing guidance on the screening of criminal history record information received from the FBI or another state as a result of a national search, then the record screening under § 904.3(a) shall be performed in the same manner in which the state screens its own records for noncriminal justice purposes. Dated: May 12, 2005. Donna M. Uzzell, Compact Council Chairman. [FR Doc. 05–12327 Filed 6–21–05; 8:45 am] BILLING CODE 4410–02–P DEPARTMENT OF DEFENSE Department of the Army 32 CFR Part 637 RIN 0702–AA44 Military Police Investigations Department of the Army, DoD. Final rule. AGENCY: ACTION: SUMMARY: The Department of the Army is publishing our rule concerning military police investigations. The regulation prescribes policies and procedures on types and categories of offenses investigated by Military Police and DA Civilian detectives/ investigators. Effective Date: July 22, 2005. Headquarters, Department of the Army, Office of the Provost DATES: ADDRESSES: E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations Marshal General, ATTN: DAPM–MPD– LE, 2800 Army Pentagon, Washington, DC 20310–2800. FOR FURTHER INFORMATION CONTACT: James Crumley (703) 692–6721. SUPPLEMENTARY INFORMATION: defined in Executive Order 12866 this final rule is not a significant regulatory action. As such, the final rule is not subject to Office of Management and Budget review under section 6(a)(3) of the Executive Order. Subpart B [Reserved] A. Background In the December 16, 2004 issue of the Federal Register (69 FR 75287) the Department of the Army issued a proposed rule to publish 32 CFR part 637. This final rule prescribes policies and procedures on types and categories of offenses investigated by Military Police and DA Civilian detectives/ investigators. The Department of the Army received a response from two commentors. No substantive changes were requested or made. H. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks) § 637.1 36029 B. Regulatory Flexibility Act The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the final rule does not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601–612. The Department of the Army has determined that according to the criteria defined in Executive Order 13045 this final rule does not apply. I. Executive Order 13132 (Federalism) The Department of the Army has determined that according to the criteria defined in Executive Order 13132 this final rule does not apply because it will not have a substantial effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Jeffery B. Porter, Chief, Law Enforcement Policy and Oversight Section. C. Unfunded Mandates Reform Act The Department of the Army has determined that the Unfunded Mandates Reform Act does not apply because the final rule does not include a mandate that may result in estimated costs to State, local or tribal governments in the aggregate, or the private sector, of $100 million or more. List of Subjects in 32 CFR Part 637 D. National Environmental Policy Act The Department of the Army has determined that the National Environmental Policy Act does not apply because the final rule does not have an adverse impact on the environment. PART 637—MILITARY POLICE INVESTIGATION E. Paperwork Reduction Act The Department of the Army has determined that the Paperwork Reduction Act does not apply because the final rule does not involve collection of information from the public. F. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights) The Department of the Army has determined that Executive Order 12630 does not apply because the final rule does not impair private property rights. G. Executive Order 12866 (Regulatory Planning and Review) The Department of the Army has determined that according to the criteria VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 Crime. Investigations. Law. Law enforcement. Law enforcement officers. Military law. Search Warrant. For reasons stated in the preamble the Department of the Army is adding Part 637 to Subchapter I of Title 32 to read as follows: I Subpart A—Investigations Sec. 637.1 General. 637.2 Use of MPI and DAC Detectives/ Investigators. 637.3 Installation Commander. 637.4 Military Police and the USACIDC. 637.5 Off-post investigations. 637.6 Customs investigations. 637.7 Drug enforcement activities. 637.8 Identification of MPI. 637.9 Access to U.S. Army facilities and records. 637.10 Authority to apprehend or detain. 637.11 Authority to administer oaths. 637.12 Legal considerations. 637.13 Retention of property. 637.14 Use of National Crime Information Center (NCIC). 637.15 Polygraph activities. 637.16 Evidence. 637.17 Police Intelligence. 637.18 Electronic Equipment Procedures. 637.19 Overseas MP desk. 637.20 Security surveillance systems. 637.21 Recording interviews and interrogations. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 Authority: 28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922, 42 U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47. Subpart A—Investigations General. (a) Military Police Investigators (MPI) and Department of the Army Civilian (DAC) detectives/investigators fulfill a special need for an investigative element within the military police to investigate many incidents, complaints, and matters not within U.S. Army Criminal Investigation Command (USACIDC) jurisdiction, but which cannot be resolved immediately through routine military police operations. Investigative personnel are assets of the installation or activity commander, under the supervision of the local provost marshal. USACIDC elements will provide investigative assistance in the form of professional expertise, laboratory examinations, polygraph examinations, or any other assistance requested which does not distract from the USACIDC mission of investigating serious crimes. A spirit of cooperation and close working relationship is essential between USACIDC and the provost marshal office in order to accomplish the mission and project a professional police image. (b) Creation of a formalized investigation program does not constitute the establishment of a dual ‘‘detective’’ force. The separation of investigative responsibilities is very distinct. The MPI Program is neither a career program nor a separate Military Occupational Specialty (MOS). Individuals in the MPI Program are specially selected, trained, and experienced military or civilian men and women performing traditional military police functions. Military personnel are identified by their additional skill identifiers (ASI V5) and may be employed in any assignment appropriate to their grade and MOS. (c) The provost marshal may authorize wearing of civilian clothing for the MPI investigative mission. (d) MPI and DAC detective/ investigator personnel must be familiar with and meet the requirements of Army Regulation (AR) 190–14 (Carrying of Firearms and Use of Force for Law Enforcement and Security Duties). § 637.2 Use of MPI and DAC Detectives/ Investigators. Only those matters requiring investigative development will be referred to the MPI for investigation. Provost marshals will develop procedures to determine which E:\FR\FM\22JNR1.SGM 22JNR1 36030 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations incidents will be referred to the MPI for completion and which will be retained and completed by uniformed MP personnel. Except as otherwise provided, MPI and DAC detectives/ investigators will normally be employed in the following investigations: (a) Offenses for which the maximum punishment listed in the Table of Maximum Punishment, Manual for Courts-Martial, United States, 2002 is confinement for 1 year or less. Provisions of the Federal Assimilative Crimes Act will also be considered when assigning cases to MPI. The same punishment criteria apply. (b) Property-related offenses when the value is less than $1,000 provided the property is not of a sensitive nature, such as government firearms, ammunition, night vision devices, or controlled substances. (c) Offenses involving use and/or possession of non-narcotic controlled substances when the amounts are indicative of personal use only. Military police will coordinate with the local USACIDC element in making determinations of ‘‘personal use’’. MPI and DAC detectives/investigators may be employed in joint MPI/USACIDC drug suppression teams; however, the conduct of such operations and activities remain the responsibility of USACIDC. When employed under USACIDC supervision, MPI and DAC detectives/investigators may also be utilized to make controlled buys of suspected controlled substances. (d) Activities required for the security and protection of persons and property under Army control, to include support of Armed Forces Disciplinary Control Boards as prescribed in AR 190–24. If MPI detect a crime-conducive condition during the course of an investigation, the appropriate physical security activity will be promptly notified. Crime-conducive conditions will also be identified in military police reports. (e) Allegations against MP personnel, when not within the investigative responsibilities of USACIDC. (f) Offenses committed by juveniles, when not within the investigative responsibilities of USACIDC. (g) Gang or hate crime related activity, when not within the investigative responsibilities of USACIDC. § 637.3 Installation Commander. The installation commander, whose responsibilities include ensuring good order and discipline on his installation, has authority to order the initiation of a criminal investigation upon receipt of information of activity of a criminal nature occurring on the installation. VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 § 637.4 Military Police and the USACIDC. (a) The military police or the USACIDC are authorized to investigate allegations of criminal activity occurring on the installation. Nothing in this paragraph is intended to conflict with or otherwise undermine the delineation of investigative responsibilities between the military police and the USACIDC as set forth in AR 195–2. (b) When investigative responsibility is not clearly defined, and the matter cannot be resolved between military police investigations supervisors and USACIDC duty personnel, or between military police investigations supervisors and unit commanders, the provost marshal will be informed and will resolve the matter with the appropriate USACIDC activity commander/Special Agent in Charge (SAC) or unit commander. (c) The control and processing of a crime scene and the collection and preservation of the evidence are the exclusive responsibilities of the investigator or supervisor in charge of the crime scene when the military police have investigative responsibility. To prevent the possible loss or destruction of evidence, the investigator or supervisor in charge of the crime scene is authorized to exclude all personnel from the scene. The exercise of this authority in a particular case may be subject to the requirement to preserve human life and the requirement for continuing necessary operations and security. These should be determined in conjunction with the appropriate commander and, where applicable, local host country law enforcement authorities. (d) Unit commanders should consult with the installation provost marshal concerning all serious incidents. Examples of incidents appropriate for investigation at the unit level include simple assaults not requiring hospitalization and not involving a firearm, or wrongful damage to property of a value under $1,000. Other incidents should be immediately referred to the installation provost marshal. (e) The military police desk is the official point of contact for initial complaints and reports of offenses. The provisions of AR 190–45 are to be followed for all military police records, reports, and reporting. (1) When incidents are reported directly to a USACIDC field element, USACIDC may either direct the reporting person to the MP desk or report the incident to the MP desk themselves. (2) Upon receipt of the complaint or report of offense, the MP desk will dispatch an available patrol to the scene PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 of the incident. The patrol will take appropriate measures to include locating the complainant, witnesses, suspects, and victims, apprehending offenders, securing the crime scene, rendering emergency assistance, determining and reporting to the MP desk, by the most expeditious means possible, the appropriate activity having investigative responsibility. (f) In those cases in which the USACIDC has an ongoing investigation (typically fraud and narcotics matters), they may delay notification to the military police to avoid compromising their investigation. (g) Procedures will be developed to ensure mutual cooperation and support between MPI, DAC detectives/ investigators and USACIDC elements at each investigative level; however, MPI, DAC detectives/investigators and USACIDC personnel will remain under command and control of their respective commanders at all times. (1) With the concurrence of the commander concerned, MPI and DAC detectives/investigators may provide assistance to USACIDC whenever elements assume responsibility for an investigation from MPI. (2) When requested by a USACIDC region, district, or the special agent-incharge of a resident agency, the provost marshal may provide MPI or DAC detective/investigator assistance to USACIDC on a case-by-case basis or for a specified time period. (3) With the concurrence of the appropriate USACIDC commander, CID personnel may be designated to assist MPI or DAC detectives/investigators on a case-by-case basis without assuming control of the investigation. (4) Modification of investigative responsibilities is authorized on a local basis if the resources of either USACIDC or the military police cannot fully support their investigative workload and suitable alternatives are not available. Such modifications will be by written agreement signed by the provost marshal and the supporting USACIDC commander. Agreements will be in effect for no more than two years unless sooner superseded by mutual agreement. § 627.5 Off-post investigations. (a) In Continental United States (CONUS), civilian law enforcement agencies, including state, county, or municipal authorities, or a Federal investigative agency normally investigate incidents occurring off-post. When an incident of substantial interest to the U.S. Army occurs off-post, involving U.S. Army property or personnel, the military police exercising E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations area responsibility will request copies of the civilian law enforcement report. (b) In Overseas areas, off-post incidents will be investigated in accordance with Status of Forces Agreements and other appropriate U.S. host nation agreements. § 637.6 Customs investigations. (a) Customs violations will be investigated as prescribed in AR 190– 41. When customs authorities find unauthorized material such as contraband, explosives, ammunition, unauthorized or illegal weapons or property, which may be property of the U.S. Government, notification must be made via electronic message or facsimile to HQDA, Office of the Provost Marshal General (DAPM–MPD–LE). All such notifications will be made to the military police and investigated by CID or the military police, as appropriate. (b) Military police will receipt for all seized or confiscated U.S. Government property and contraband shipped by U.S. Army personnel. Property receipted for by military police will be accounted for, and disposed of, in accordance with evidence procedures outlined in AR 195–5. (c) When it has been determined that the subject of an MP customs investigation is no longer a member of the U.S. Army, the investigation will be terminated, a final report submitted indicating the subject was released from the U.S. Army, and an information copy of the report furnished to the appropriate civil investigative agency. (d) Recovery of weapons and significant amounts of ammunition will be reported by the U.S. Army element receipting for them from the U.S. Customs Service in accordance with AR 190–11 and AR 190–45. § 637.7 Drug enforcement activities. Provost marshals and U.S. Army law enforcement supervisors at all levels will ensure that active drug enforcement programs are developed and maintained, and that priorities for resources reflect the critical and important nature of the drug enforcement effort. (a) MPI and DAC detectives/ investigators will conduct investigations of offenses involving use and possession of non-narcotic controlled substances. A copy of all initial, interim and final military police reports concerning drug investigations will be provided to the USACIDC at the local level. Enforcement activities will be coordinated with the USACIDC at the local level. (b) Any investigation of offenses involving possession/use of non- VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 narcotic controlled substances generated as a result of another USACIDC investigation may be transferred to MPI with the concurrence of both the supporting USACIDC commander and provost marshal. (c) Elements of USACIDC will be provided the opportunity to interview subjects, suspects or witnesses in MPI or DAC detective investigations involving controlled substances without assuming responsibility for the investigation. MPI and DAC detectives/investigators may also interview subjects, suspects or witnesses of USACIDC investigations. § 637.8 Identification of MPI. (a) During the conduct of investigations, MPI will identify themselves by presenting their credentials and referring to themselves as ‘‘INVESTIGATOR.’’ When signing military police records the title ‘‘Military Police Investigator’’ may be used in lieu of military titles. Civilian personnel will refer to themselves as ‘‘INVESTIGATOR’’ if they are classified in the 1811 series, and as ‘‘DETECTIVE’’ if they are in the 083 series. Civilian personnel will use the title ‘‘DAC Investigator’’ or ‘‘DAC Detective’’; corresponding to their classification series. (b) The use of titles such as ‘‘Mr.’’, ‘‘Mrs.’’, ‘‘Miss’’ or ‘‘Ms.’’ in connection with an individual’s identification as an MPI is prohibited, except when employed in a covert investigative role. When MPI or DAC detectives/ investigators are employed in covert roles, supervisors will ensure that coordination with USACIDC or civilian law enforcement agencies is accomplished as appropriate. § 637.9 Access to U.S. Army facilities and records. (a) MPI and DAC detectives/ investigators will be granted access to all U.S. Army facilities, records or information when necessary for an ongoing investigation, consistent with the investigator’s clearance for access to classified national defense information, the requirements of medical confidentiality, and the provisions of applicable regulations. (b) Upon presentation of proper identification when conducting an official investigation, MPI and DAC detectives/investigators will be authorized access to information contained in medical records and may request extracts or transcripts. Medical records will remain under the control of the records custodian who will make them available for courts-martial or other legal proceedings. Procedures for PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 36031 obtaining information from medical records are contained in AR 40–66. § 637.10 Authority to apprehend or detain. MPI and DAC detectives/investigators have authority to make apprehensions in accordance with Article 7, Uniform Code of Military Justice (UCMJ); Rule for Courts-Martial 302 (b)(1), Manual for Courts-Martial, United States 2002 (Revised Edition). They may detain personnel for identification and remand custody of persons to appropriate civil or military authority as necessary. Civilians committing offenses on U.S. Army installations may be detained until they can be released to the appropriate Federal, state, or local law enforcement agency. § 637.11 Authority to administer oaths. MPI and DAC detectives/investigators have authority pursuant to Article 136(b)(4), UCMJ to administer oaths to military personnel who are subject to the UCMJ. The authority to administer oaths to civilians who are not subject to the UCMJ is 5 U.S.C. 303(b). § 637.12 Legal considerations. (a) Coordination between installation judge advocates and investigators must occur during the conduct of investigations. (b) The use of the DA Form 3881 (Rights Warning Procedure/Waiver Certificate) to warn accused or suspected persons of their rights is encouraged. (c) When necessary, investigators will coordinate with a judge advocate or civilian attorney employed in the Office of the Staff Judge Advocate for the purpose of establishing a legal opinion as to whether sufficient credible evidence has been established to title an individual in a report. Investigators should also coordinate with the Office of the Staff Judge Advocate in drafting search warrants and in determining whether probable cause exists to conduct a search. § 637.13 Retention of property. Reports of investigation, photographs, exhibits, handwritten notes, sketches, and other materials pertinent to an investigation, including copies, negatives or reproductions, are the property of the U.S. Government, either as owner, or custodian. § 637.14 Use of National Crime Information Center (NCIC). Provost marshals will make maximum use of NCIC terminals available to them, and will establish liaison with the U.S. Army Deserter Information Point (USADIP) as necessary to ensure timely exchange of information on matters E:\FR\FM\22JNR1.SGM 22JNR1 36032 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations concerning deserters. The USADIP will ensure replies to inquiries from provost marshals on subjects of MP investigations are transmitted by the most expeditious means. Use of NCIC will be in accordance with AR 190–27. § 637.15 Polygraph activities. MPI and DAC detectives/investigators will utilize the polygraph to the full extent authorized. Requests for polygraph examination assistance will be forwarded to the supporting USACIDC element in accordance with provisions of AR 195–6. The investigative or intelligence element requesting approval to conduct a polygraph examination will submit a completed DA Form 2805 (Polygraph Examination Authorization) to the authorizing official. A request may also be sent via an electronic message or electronic mail or media provided all elements of the DA Form 2805 are included in the request. Approvals will be obtained prior to the conduct of an examination. Telephonic requests, followed with written requests, may be used in emergencies. The requesting official will include the following data on every polygraph examination request for criminal investigations: (a) The offense, which formed the basis of the investigation, is punishable under Federal law or the UCMJ by death or confinement for a term of 1 year or more. Even though such an offense may be disposed of with a lesser penalty, the person may be given a polygraph examination to eliminate suspicion. (b) The person to be examined has been interviewed and there is reasonable cause to believe that the person has knowledge of, or was involved in, the matter under investigation. (c) Consistent with the circumstances, data to be obtained by polygraph examination are needed for further conduct of the investigation. (d) Investigation by other means has been as thorough as circumstances permit. (e) Examinee has been interviewed on all relevant subjects requested for testing and the polygraph examination is essential and timely. § 637.16 Evidence. Military police are authorized to receive, process, safeguard and dispose of evidence, to include non-narcotic controlled substances, in accordance with AR 195–5. If no suitable facility is available for the establishment of a military police evidence depository or other operational circumstances so dictate, the evidence custodian of the appropriate USACIDC element may be VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 requested to receipt for and assume responsibility for military police evidence. Personnel selected as military police evidence custodians need not be trained as MPI and should not be issued MPI credentials, unless they are also employed as operational MPI. Further information concerning evidence collection and examination procedures can be found in Field Manual (FM) 3– 19.13, Law Enforcement Investigations. § 637.17 Police Intelligence. (a) The purpose of gathering police intelligence is to identify individuals or groups of individuals in an effort to anticipate, prevent, or monitor possible criminal activity. If police intelligence is developed to the point where it factually establishes a criminal offense, an investigation by the military police, (USACIDC) or other investigative agency will be initiated. (b) Police intelligence will be actively exchanged between Department of Defense (DOD) law enforcement agencies, military police, USACIDC, local, state, federal, and international law enforcement agencies. One tool under development by DOD for sharing police intelligence is the Joint Protection Enterprise Network (JPEN). JPEN provides users with the ability to post, retrieve, filter, and analyze realworld events. There are seven reporting criteria for JPEN: (1) Non-specific threats; (2) Surveillance; (3) Elicitation; (4) Tests of Security; (5) Repetitive Activities; (6) Bomb Threats/Incidents; and (7) Suspicious Activities/Incidents. (c) If a written extract from local police intelligence files is provided to an authorized investigative agency, the following will be included on the transmittal documents: ‘‘This document is provided for information and use. Copies of this document, enclosures thereto, and information therefrom, will not be further released without the prior approval of the installation Provost Marhsall. (d) Local police intelligence files may be exempt from certain disclosure requirements by AR 25–55 and the Freedom of Information Act (FOIA). § 637.18 Electronic Equipment Procedures. (a) DOD Directive 5505.9 and AR 190– 53 provide policy for the wiretap, investigative monitoring and eavesdrop activities by DA personnel. The recording of telephone communications at MP operations desks is considered to be a form of command center communications monitoring which may PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 be conducted to provide an uncontroversial record of emergency communications. This includes reports of emergencies, analysis of reported information, records of instructions, such as commands issued, warnings received, requests for assistance, and instructions as to the location of serious incidents. (b) The following procedures are applicable to the recording of emergency telephone and/or radio communications at MP operations desks within the 50 states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Panama, and Guam. (1) All telephones connected to recording equipment will be conspicuously marked ‘‘For Official Use Only-connected to recording device’’ and access to use will be restricted to MP operations desk personnel. (2) The connection of voice-recording equipment or private-line service with the telecommunications network will be in accordance with applicable telephone company tariffs which permit direct electrical connection through telephone company recorder-connector equipment. An automatic audible-tone device is not required. (3) Official emergency telephone numbers for MP desks will be listed in appropriate command, activity, or installation telephone directories with a statement that emergency conversations will be recorded for accuracy of record purposes. Other forms of pre-warning are not required. (4) Recordings, which contain conversations described in this section, will be retained for a period of 60 days. Transcripts may be made for permanent files, as appropriate. (5) The recording of telephone communications or radio transmissions by MP personnel for other than emergency purposes is prohibited. If an investigator requires the use of electronic surveillance equipment, assistance must be requested from the USACIDC. This policy is established pursuant to Department of Defense directives that limit such activity to the criminal investigative organizations of the Services and DOD. (6) Commanders having general courts-martial convening authority will issue written authorizations for the recording of emergency telephone communications at MP operations desks. The letter of authorization will contain specific authority for the type of equipment to be used, the phone numbers identified as emergency lines and instructions limiting recordings to calls received on the phones so designated. One copy of the E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations authorization will be forwarded to the Office of the Provost Marshal General (OPMG), 2800 Army Pentagon, Washington, DC 20310–2800. § 637.19 Overseas MP desk. The recording of telephone communications at MP operations desks outside the United States will be conducted within restrictions contained in international agreements between the U.S. and host nations. § 637.20 Security surveillance systems. Closed circuit video recording systems, to include those with an audio capability, may be employed for security purposes in public places so long as notices are conspicuously displayed at all entrances, providing persons who enter with a clear warning that this type of monitoring is being conducted. § 637.21 Recording interviews and interrogations. The recording of interviews and interrogations by military police personnel is authorized, provided the interviewee is on notice that the testimony or statement is being recorded. This procedure is a longaccepted law enforcement procedure, not precluded by DA policies pertaining to wiretap, investigative monitoring, and eavesdrop activities. Subpart B—[Reserved] [FR Doc. 05–12310 Filed 6–21–05; 8:45 am] BILLING CODE 3710–08–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD09–05–022] Safety Zone: Captain of the Port Detroit Zone Coast Guard, DHS. Notice of Implementation of final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is implementing safety zones for annual fireworks displays in the Captain of the Port Detroit Zone during June 2005. This action is necessary to provide for the safety of life and property on navigable waters during these events. These safety zones will restrict vessel traffic from a portion of the Captain of the Port Detroit Zone. VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 Effective from 9:30 p.m. (local) on June 23, 2005, to 10:30 p.m. (local) on June 24, 2005. FOR FURTHER INFORMATION CONTACT: LTJG Cynthia Channell, Chief of Waterways Management, Sector Detroit, 110 Mt. Elliott Ave., Detroit, MI at (313) 568–9580. SUPPLEMENTARY INFORMATION: The Coast Guard is implementing three permanent safety zones in 33 CFR 165.907 (published May 21, 2001, in the Federal Register, 66 FR 27868), for fireworks displays in the Captain of the Port Detroit Zone during June 2005. The following safety zones are in effect for fireworks displays occurring in the month of June 2005: 33 CFR 165.907(a)(1): Bay-Rama Fishfly Festival, New Baltimore, MI. This safety zone encompasses all waters off New Baltimore City Park, Lake St. Clair-Anchor Bay bounded by the arc of a circle with a 300-yard radius with its center located at approximate position 42°41′N, 082°44′W. This § 165.907(a)(1) safety zone will be enforced on June 23, 2005, from 9:30 p.m. to 10:30 p.m. 33 CFR 165.907(a)(3): Sigma Gamma Assoc., Grosse Pointe Farms, MI. This safety zone encompasses all waters off Ford’s Cove, Lake St. Clair bounded by the arc of a circle with a 300-yard radius with its center in approximate position 42°27′N, 082°52′W. This § 165.907(a)(3) safety zone will be enforced on June 24, 2003 from 9:30 p.m. to 10:30 p.m. 33 CFR 165.907(a)(13): St. Clair Shores Fireworks, St. Clair Shores, MI. This safety zone encompasses all waters of Lake St. Clair within a 300-yard radius of the fireworks barge in approximate position 42°32′N, 082°51′W, about 1000 yards east of Veterans Memorial Park (off Masonic Rd.), St. Clair Shores, MI. This § 165.907(a)(13) safety zone will be enforced on June 24, 2005, from 10 p.m. to 10:30 p.m. In order to ensure the safety of spectators and transiting vessels, these safety zones will be in effect for the duration of the events. In the event that these safety zones affect shipping, commercial vessels may request permission from the Captain of the Port Detroit to transit through the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Group Detroit on channel 16, VHF–FM. The Coast Guard will give notice to the public via a Broadcast to Mariners that the regulation is in effect. DATES: PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 36033 Dated: June 9, 2005. P.W. Brennan, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 05–12355 Filed 6–21–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments—Copper and Stikine Rivers Forest Service, USDA; Fish and Wildlife Service, Interior. ACTION: Seasonal adjustments. AGENCIES: SUMMARY: This provides notice of the Federal Subsistence Board’s in-season management actions to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest opportunity and to provide for a more efficient harvest method for chinook salmon in the Stikine River. The revised fishing schedule for the Chitina Subdistrict of the Copper River and net mesh size revision will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year. DATES: The fishing schedule for the Chitina Subdistrict of the Upper Copper River District is effective June 2, 2005, through August 2, 2005. The mesh size revision for the Stikine River is effective June 4, 2005, through June 20, 2005. FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence Management, U.S. Fish and Wildlife Service, telephone (907) 786–3888. For questions specific to National Forest System lands, contact Steve Kessler, Subsistence Program Manager, USDA— Forest Service, Alaska Region, telephone (907) 786–3592. SUPPLEMENTARY INFORMATION: Background Title VIII of the Alaska National Interest Lands Conservation Act E:\FR\FM\22JNR1.SGM 22JNR1

Agencies

[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 36028-36033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12310]


=======================================================================
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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 637

RIN 0702-AA44


Military Police Investigations

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Army is publishing our rule concerning 
military police investigations. The regulation prescribes policies and 
procedures on types and categories of offenses investigated by Military 
Police and DA Civilian detectives/ investigators.

DATES: Effective Date: July 22, 2005.

ADDRESSES: Headquarters, Department of the Army, Office of the Provost

[[Page 36029]]

Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, Washington, DC 
20310-2800.

FOR FURTHER INFORMATION CONTACT: James Crumley (703) 692-6721.

SUPPLEMENTARY INFORMATION:

A. Background

    In the December 16, 2004 issue of the Federal Register (69 FR 
75287) the Department of the Army issued a proposed rule to publish 32 
CFR part 637. This final rule prescribes policies and procedures on 
types and categories of offenses investigated by Military Police and DA 
Civilian detectives/investigators. The Department of the Army received 
a response from two commentors. No substantive changes were requested 
or made.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the final rule does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the final rule does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the final rule does not 
have an adverse impact on the environment.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the final rule does not involve 
collection of information from the public.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the final rule does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 this final rule is not a 
significant regulatory action. As such, the final rule is not subject 
to Office of Management and Budget review under section 6(a)(3) of the 
Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 this final rule does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this final rule does not 
apply because it will not have a substantial effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight Section.

List of Subjects in 32 CFR Part 637

    Crime. Investigations. Law. Law enforcement. Law enforcement 
officers. Military law. Search Warrant.

0
For reasons stated in the preamble the Department of the Army is adding 
Part 637 to Subchapter I of Title 32 to read as follows:

PART 637--MILITARY POLICE INVESTIGATION

Subpart A--Investigations

Sec.
637.1 General.
637.2 Use of MPI and DAC Detectives/Investigators.
637.3 Installation Commander.
637.4 Military Police and the USACIDC.
637.5 Off-post investigations.
637.6 Customs investigations.
637.7 Drug enforcement activities.
637.8 Identification of MPI.
637.9 Access to U.S. Army facilities and records.
637.10 Authority to apprehend or detain.
637.11 Authority to administer oaths.
637.12 Legal considerations.
637.13 Retention of property.
637.14 Use of National Crime Information Center (NCIC).
637.15 Polygraph activities.
637.16 Evidence.
637.17 Police Intelligence.
637.18 Electronic Equipment Procedures.
637.19 Overseas MP desk.
637.20 Security surveillance systems.
637.21 Recording interviews and interrogations.

Subpart B [Reserved]

    Authority: 28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922, 
42 U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47.

Subpart A--Investigations


Sec.  637.1  General.

    (a) Military Police Investigators (MPI) and Department of the Army 
Civilian (DAC) detectives/investigators fulfill a special need for an 
investigative element within the military police to investigate many 
incidents, complaints, and matters not within U.S. Army Criminal 
Investigation Command (USACIDC) jurisdiction, but which cannot be 
resolved immediately through routine military police operations. 
Investigative personnel are assets of the installation or activity 
commander, under the supervision of the local provost marshal. USACIDC 
elements will provide investigative assistance in the form of 
professional expertise, laboratory examinations, polygraph 
examinations, or any other assistance requested which does not distract 
from the USACIDC mission of investigating serious crimes. A spirit of 
cooperation and close working relationship is essential between USACIDC 
and the provost marshal office in order to accomplish the mission and 
project a professional police image.
    (b) Creation of a formalized investigation program does not 
constitute the establishment of a dual ``detective'' force. The 
separation of investigative responsibilities is very distinct. The MPI 
Program is neither a career program nor a separate Military 
Occupational Specialty (MOS). Individuals in the MPI Program are 
specially selected, trained, and experienced military or civilian men 
and women performing traditional military police functions. Military 
personnel are identified by their additional skill identifiers (ASI V5) 
and may be employed in any assignment appropriate to their grade and 
MOS.
    (c) The provost marshal may authorize wearing of civilian clothing 
for the MPI investigative mission.
    (d) MPI and DAC detective/investigator personnel must be familiar 
with and meet the requirements of Army Regulation (AR) 190-14 (Carrying 
of Firearms and Use of Force for Law Enforcement and Security Duties).


Sec.  637.2  Use of MPI and DAC Detectives/Investigators.

    Only those matters requiring investigative development will be 
referred to the MPI for investigation. Provost marshals will develop 
procedures to determine which

[[Page 36030]]

incidents will be referred to the MPI for completion and which will be 
retained and completed by uniformed MP personnel. Except as otherwise 
provided, MPI and DAC detectives/investigators will normally be 
employed in the following investigations:
    (a) Offenses for which the maximum punishment listed in the Table 
of Maximum Punishment, Manual for Courts-Martial, United States, 2002 
is confinement for 1 year or less. Provisions of the Federal 
Assimilative Crimes Act will also be considered when assigning cases to 
MPI. The same punishment criteria apply.
    (b) Property-related offenses when the value is less than $1,000 
provided the property is not of a sensitive nature, such as government 
firearms, ammunition, night vision devices, or controlled substances.
    (c) Offenses involving use and/or possession of non-narcotic 
controlled substances when the amounts are indicative of personal use 
only. Military police will coordinate with the local USACIDC element in 
making determinations of ``personal use''. MPI and DAC detectives/
investigators may be employed in joint MPI/USACIDC drug suppression 
teams; however, the conduct of such operations and activities remain 
the responsibility of USACIDC. When employed under USACIDC supervision, 
MPI and DAC detectives/investigators may also be utilized to make 
controlled buys of suspected controlled substances.
    (d) Activities required for the security and protection of persons 
and property under Army control, to include support of Armed Forces 
Disciplinary Control Boards as prescribed in AR 190-24. If MPI detect a 
crime-conducive condition during the course of an investigation, the 
appropriate physical security activity will be promptly notified. 
Crime-conducive conditions will also be identified in military police 
reports.
    (e) Allegations against MP personnel, when not within the 
investigative responsibilities of USACIDC.
    (f) Offenses committed by juveniles, when not within the 
investigative responsibilities of USACIDC.
    (g) Gang or hate crime related activity, when not within the 
investigative responsibilities of USACIDC.


Sec.  637.3  Installation Commander.

    The installation commander, whose responsibilities include ensuring 
good order and discipline on his installation, has authority to order 
the initiation of a criminal investigation upon receipt of information 
of activity of a criminal nature occurring on the installation.


Sec.  637.4  Military Police and the USACIDC.

    (a) The military police or the USACIDC are authorized to 
investigate allegations of criminal activity occurring on the 
installation. Nothing in this paragraph is intended to conflict with or 
otherwise undermine the delineation of investigative responsibilities 
between the military police and the USACIDC as set forth in AR 195-2.
    (b) When investigative responsibility is not clearly defined, and 
the matter cannot be resolved between military police investigations 
supervisors and USACIDC duty personnel, or between military police 
investigations supervisors and unit commanders, the provost marshal 
will be informed and will resolve the matter with the appropriate 
USACIDC activity commander/Special Agent in Charge (SAC) or unit 
commander.
    (c) The control and processing of a crime scene and the collection 
and preservation of the evidence are the exclusive responsibilities of 
the investigator or supervisor in charge of the crime scene when the 
military police have investigative responsibility. To prevent the 
possible loss or destruction of evidence, the investigator or 
supervisor in charge of the crime scene is authorized to exclude all 
personnel from the scene. The exercise of this authority in a 
particular case may be subject to the requirement to preserve human 
life and the requirement for continuing necessary operations and 
security. These should be determined in conjunction with the 
appropriate commander and, where applicable, local host country law 
enforcement authorities.
    (d) Unit commanders should consult with the installation provost 
marshal concerning all serious incidents. Examples of incidents 
appropriate for investigation at the unit level include simple assaults 
not requiring hospitalization and not involving a firearm, or wrongful 
damage to property of a value under $1,000. Other incidents should be 
immediately referred to the installation provost marshal.
    (e) The military police desk is the official point of contact for 
initial complaints and reports of offenses. The provisions of AR 190-45 
are to be followed for all military police records, reports, and 
reporting.
    (1) When incidents are reported directly to a USACIDC field 
element, USACIDC may either direct the reporting person to the MP desk 
or report the incident to the MP desk themselves.
    (2) Upon receipt of the complaint or report of offense, the MP desk 
will dispatch an available patrol to the scene of the incident. The 
patrol will take appropriate measures to include locating the 
complainant, witnesses, suspects, and victims, apprehending offenders, 
securing the crime scene, rendering emergency assistance, determining 
and reporting to the MP desk, by the most expeditious means possible, 
the appropriate activity having investigative responsibility.
    (f) In those cases in which the USACIDC has an ongoing 
investigation (typically fraud and narcotics matters), they may delay 
notification to the military police to avoid compromising their 
investigation.
    (g) Procedures will be developed to ensure mutual cooperation and 
support between MPI, DAC detectives/investigators and USACIDC elements 
at each investigative level; however, MPI, DAC detectives/investigators 
and USACIDC personnel will remain under command and control of their 
respective commanders at all times.
    (1) With the concurrence of the commander concerned, MPI and DAC 
detectives/investigators may provide assistance to USACIDC whenever 
elements assume responsibility for an investigation from MPI.
    (2) When requested by a USACIDC region, district, or the special 
agent-in-charge of a resident agency, the provost marshal may provide 
MPI or DAC detective/investigator assistance to USACIDC on a case-by-
case basis or for a specified time period.
    (3) With the concurrence of the appropriate USACIDC commander, CID 
personnel may be designated to assist MPI or DAC detectives/
investigators on a case-by-case basis without assuming control of the 
investigation.
    (4) Modification of investigative responsibilities is authorized on 
a local basis if the resources of either USACIDC or the military police 
cannot fully support their investigative workload and suitable 
alternatives are not available. Such modifications will be by written 
agreement signed by the provost marshal and the supporting USACIDC 
commander. Agreements will be in effect for no more than two years 
unless sooner superseded by mutual agreement.


Sec.  627.5  Off-post investigations.

    (a) In Continental United States (CONUS), civilian law enforcement 
agencies, including state, county, or municipal authorities, or a 
Federal investigative agency normally investigate incidents occurring 
off-post. When an incident of substantial interest to the U.S. Army 
occurs off-post, involving U.S. Army property or personnel, the 
military police exercising

[[Page 36031]]

area responsibility will request copies of the civilian law enforcement 
report.
    (b) In Overseas areas, off-post incidents will be investigated in 
accordance with Status of Forces Agreements and other appropriate U.S. 
host nation agreements.


Sec.  637.6  Customs investigations.

    (a) Customs violations will be investigated as prescribed in AR 
190-41. When customs authorities find unauthorized material such as 
contraband, explosives, ammunition, unauthorized or illegal weapons or 
property, which may be property of the U.S. Government, notification 
must be made via electronic message or facsimile to HQDA, Office of the 
Provost Marshal General (DAPM-MPD-LE). All such notifications will be 
made to the military police and investigated by CID or the military 
police, as appropriate.
    (b) Military police will receipt for all seized or confiscated U.S. 
Government property and contraband shipped by U.S. Army personnel. 
Property receipted for by military police will be accounted for, and 
disposed of, in accordance with evidence procedures outlined in AR 195-
5.
    (c) When it has been determined that the subject of an MP customs 
investigation is no longer a member of the U.S. Army, the investigation 
will be terminated, a final report submitted indicating the subject was 
released from the U.S. Army, and an information copy of the report 
furnished to the appropriate civil investigative agency.
    (d) Recovery of weapons and significant amounts of ammunition will 
be reported by the U.S. Army element receipting for them from the U.S. 
Customs Service in accordance with AR 190-11 and AR 190-45.


Sec.  637.7  Drug enforcement activities.

    Provost marshals and U.S. Army law enforcement supervisors at all 
levels will ensure that active drug enforcement programs are developed 
and maintained, and that priorities for resources reflect the critical 
and important nature of the drug enforcement effort.
    (a) MPI and DAC detectives/investigators will conduct 
investigations of offenses involving use and possession of non-narcotic 
controlled substances. A copy of all initial, interim and final 
military police reports concerning drug investigations will be provided 
to the USACIDC at the local level. Enforcement activities will be 
coordinated with the USACIDC at the local level.
    (b) Any investigation of offenses involving possession/use of non-
narcotic controlled substances generated as a result of another USACIDC 
investigation may be transferred to MPI with the concurrence of both 
the supporting USACIDC commander and provost marshal.
    (c) Elements of USACIDC will be provided the opportunity to 
interview subjects, suspects or witnesses in MPI or DAC detective 
investigations involving controlled substances without assuming 
responsibility for the investigation. MPI and DAC detectives/
investigators may also interview subjects, suspects or witnesses of 
USACIDC investigations.


Sec.  637.8  Identification of MPI.

    (a) During the conduct of investigations, MPI will identify 
themselves by presenting their credentials and referring to themselves 
as ``INVESTIGATOR.'' When signing military police records the title 
``Military Police Investigator'' may be used in lieu of military 
titles. Civilian personnel will refer to themselves as ``INVESTIGATOR'' 
if they are classified in the 1811 series, and as ``DETECTIVE'' if they 
are in the 083 series. Civilian personnel will use the title ``DAC 
Investigator'' or ``DAC Detective''; corresponding to their 
classification series.
    (b) The use of titles such as ``Mr.'', ``Mrs.'', ``Miss'' or 
``Ms.'' in connection with an individual's identification as an MPI is 
prohibited, except when employed in a covert investigative role. When 
MPI or DAC detectives/investigators are employed in covert roles, 
supervisors will ensure that coordination with USACIDC or civilian law 
enforcement agencies is accomplished as appropriate.


Sec.  637.9  Access to U.S. Army facilities and records.

    (a) MPI and DAC detectives/investigators will be granted access to 
all U.S. Army facilities, records or information when necessary for an 
ongoing investigation, consistent with the investigator's clearance for 
access to classified national defense information, the requirements of 
medical confidentiality, and the provisions of applicable regulations.
    (b) Upon presentation of proper identification when conducting an 
official investigation, MPI and DAC detectives/investigators will be 
authorized access to information contained in medical records and may 
request extracts or transcripts. Medical records will remain under the 
control of the records custodian who will make them available for 
courts-martial or other legal proceedings. Procedures for obtaining 
information from medical records are contained in AR 40-66.


Sec.  637.10  Authority to apprehend or detain.

    MPI and DAC detectives/investigators have authority to make 
apprehensions in accordance with Article 7, Uniform Code of Military 
Justice (UCMJ); Rule for Courts-Martial 302 (b)(1), Manual for Courts-
Martial, United States 2002 (Revised Edition). They may detain 
personnel for identification and remand custody of persons to 
appropriate civil or military authority as necessary. Civilians 
committing offenses on U.S. Army installations may be detained until 
they can be released to the appropriate Federal, state, or local law 
enforcement agency.


Sec.  637.11  Authority to administer oaths.

    MPI and DAC detectives/investigators have authority pursuant to 
Article 136(b)(4), UCMJ to administer oaths to military personnel who 
are subject to the UCMJ. The authority to administer oaths to civilians 
who are not subject to the UCMJ is 5 U.S.C. 303(b).


Sec.  637.12  Legal considerations.

    (a) Coordination between installation judge advocates and 
investigators must occur during the conduct of investigations.
    (b) The use of the DA Form 3881 (Rights Warning Procedure/Waiver 
Certificate) to warn accused or suspected persons of their rights is 
encouraged.
    (c) When necessary, investigators will coordinate with a judge 
advocate or civilian attorney employed in the Office of the Staff Judge 
Advocate for the purpose of establishing a legal opinion as to whether 
sufficient credible evidence has been established to title an 
individual in a report. Investigators should also coordinate with the 
Office of the Staff Judge Advocate in drafting search warrants and in 
determining whether probable cause exists to conduct a search.


Sec.  637.13  Retention of property.

    Reports of investigation, photographs, exhibits, handwritten notes, 
sketches, and other materials pertinent to an investigation, including 
copies, negatives or reproductions, are the property of the U.S. 
Government, either as owner, or custodian.


Sec.  637.14  Use of National Crime Information Center (NCIC).

    Provost marshals will make maximum use of NCIC terminals available 
to them, and will establish liaison with the U.S. Army Deserter 
Information Point (USADIP) as necessary to ensure timely exchange of 
information on matters

[[Page 36032]]

concerning deserters. The USADIP will ensure replies to inquiries from 
provost marshals on subjects of MP investigations are transmitted by 
the most expeditious means. Use of NCIC will be in accordance with AR 
190-27.


Sec.  637.15  Polygraph activities.

    MPI and DAC detectives/investigators will utilize the polygraph to 
the full extent authorized. Requests for polygraph examination 
assistance will be forwarded to the supporting USACIDC element in 
accordance with provisions of AR 195-6. The investigative or 
intelligence element requesting approval to conduct a polygraph 
examination will submit a completed DA Form 2805 (Polygraph Examination 
Authorization) to the authorizing official. A request may also be sent 
via an electronic message or electronic mail or media provided all 
elements of the DA Form 2805 are included in the request. Approvals 
will be obtained prior to the conduct of an examination. Telephonic 
requests, followed with written requests, may be used in emergencies. 
The requesting official will include the following data on every 
polygraph examination request for criminal investigations:
    (a) The offense, which formed the basis of the investigation, is 
punishable under Federal law or the UCMJ by death or confinement for a 
term of 1 year or more. Even though such an offense may be disposed of 
with a lesser penalty, the person may be given a polygraph examination 
to eliminate suspicion.
    (b) The person to be examined has been interviewed and there is 
reasonable cause to believe that the person has knowledge of, or was 
involved in, the matter under investigation.
    (c) Consistent with the circumstances, data to be obtained by 
polygraph examination are needed for further conduct of the 
investigation.
    (d) Investigation by other means has been as thorough as 
circumstances permit.
    (e) Examinee has been interviewed on all relevant subjects 
requested for testing and the polygraph examination is essential and 
timely.


Sec.  637.16  Evidence.

    Military police are authorized to receive, process, safeguard and 
dispose of evidence, to include non-narcotic controlled substances, in 
accordance with AR 195-5. If no suitable facility is available for the 
establishment of a military police evidence depository or other 
operational circumstances so dictate, the evidence custodian of the 
appropriate USACIDC element may be requested to receipt for and assume 
responsibility for military police evidence. Personnel selected as 
military police evidence custodians need not be trained as MPI and 
should not be issued MPI credentials, unless they are also employed as 
operational MPI. Further information concerning evidence collection and 
examination procedures can be found in Field Manual (FM) 3-19.13, Law 
Enforcement Investigations.


Sec.  637.17  Police Intelligence.

    (a) The purpose of gathering police intelligence is to identify 
individuals or groups of individuals in an effort to anticipate, 
prevent, or monitor possible criminal activity. If police intelligence 
is developed to the point where it factually establishes a criminal 
offense, an investigation by the military police, (USACIDC) or other 
investigative agency will be initiated.
    (b) Police intelligence will be actively exchanged between 
Department of Defense (DOD) law enforcement agencies, military police, 
USACIDC, local, state, federal, and international law enforcement 
agencies. One tool under development by DOD for sharing police 
intelligence is the Joint Protection Enterprise Network (JPEN). JPEN 
provides users with the ability to post, retrieve, filter, and analyze 
real-world events. There are seven reporting criteria for JPEN:
    (1) Non-specific threats;
    (2) Surveillance;
    (3) Elicitation;
    (4) Tests of Security;
    (5) Repetitive Activities;
    (6) Bomb Threats/Incidents; and
    (7) Suspicious Activities/Incidents.
    (c) If a written extract from local police intelligence files is 
provided to an authorized investigative agency, the following will be 
included on the transmittal documents: ``This document is provided for 
information and use. Copies of this document, enclosures thereto, and 
information therefrom, will not be further released without the prior 
approval of the installation Provost Marhsall.
    (d) Local police intelligence files may be exempt from certain 
disclosure requirements by AR 25-55 and the Freedom of Information Act 
(FOIA).


Sec.  637.18  Electronic Equipment Procedures.

    (a) DOD Directive 5505.9 and AR 190-53 provide policy for the 
wiretap, investigative monitoring and eavesdrop activities by DA 
personnel. The recording of telephone communications at MP operations 
desks is considered to be a form of command center communications 
monitoring which may be conducted to provide an uncontroversial record 
of emergency communications. This includes reports of emergencies, 
analysis of reported information, records of instructions, such as 
commands issued, warnings received, requests for assistance, and 
instructions as to the location of serious incidents.
    (b) The following procedures are applicable to the recording of 
emergency telephone and/or radio communications at MP operations desks 
within the 50 states of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, Panama, and Guam.
    (1) All telephones connected to recording equipment will be 
conspicuously marked ``For Official Use Only-connected to recording 
device'' and access to use will be restricted to MP operations desk 
personnel.
    (2) The connection of voice-recording equipment or private-line 
service with the telecommunications network will be in accordance with 
applicable telephone company tariffs which permit direct electrical 
connection through telephone company recorder-connector equipment. An 
automatic audible-tone device is not required.
    (3) Official emergency telephone numbers for MP desks will be 
listed in appropriate command, activity, or installation telephone 
directories with a statement that emergency conversations will be 
recorded for accuracy of record purposes. Other forms of pre-warning 
are not required.
    (4) Recordings, which contain conversations described in this 
section, will be retained for a period of 60 days. Transcripts may be 
made for permanent files, as appropriate.
    (5) The recording of telephone communications or radio 
transmissions by MP personnel for other than emergency purposes is 
prohibited. If an investigator requires the use of electronic 
surveillance equipment, assistance must be requested from the USACIDC. 
This policy is established pursuant to Department of Defense directives 
that limit such activity to the criminal investigative organizations of 
the Services and DOD.
    (6) Commanders having general courts-martial convening authority 
will issue written authorizations for the recording of emergency 
telephone communications at MP operations desks. The letter of 
authorization will contain specific authority for the type of equipment 
to be used, the phone numbers identified as emergency lines and 
instructions limiting recordings to calls received on the phones so 
designated. One copy of the

[[Page 36033]]

authorization will be forwarded to the Office of the Provost Marshal 
General (OPMG), 2800 Army Pentagon, Washington, DC 20310-2800.


Sec.  637.19  Overseas MP desk.

    The recording of telephone communications at MP operations desks 
outside the United States will be conducted within restrictions 
contained in international agreements between the U.S. and host 
nations.


Sec.  637.20  Security surveillance systems.

    Closed circuit video recording systems, to include those with an 
audio capability, may be employed for security purposes in public 
places so long as notices are conspicuously displayed at all entrances, 
providing persons who enter with a clear warning that this type of 
monitoring is being conducted.


Sec.  637.21  Recording interviews and interrogations.

    The recording of interviews and interrogations by military police 
personnel is authorized, provided the interviewee is on notice that the 
testimony or statement is being recorded. This procedure is a long-
accepted law enforcement procedure, not precluded by DA policies 
pertaining to wiretap, investigative monitoring, and eavesdrop 
activities.

Subpart B--[Reserved]

[FR Doc. 05-12310 Filed 6-21-05; 8:45 am]
BILLING CODE 3710-08-P