Military Police Investigations, 36028-36033 [05-12310]
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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.
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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).
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§ 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:
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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
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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
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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.
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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
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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.
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§ 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
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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
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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-
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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
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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
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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
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
