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80 Part 637—Military Police Investigation

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80 Part 637—Military Police Investigation Pt. 636, App. A 32 CFR Ch. V (7–1–16 Edition) evidence, an investigative type search Memorandum of Understanding, Subject: of the vehicle may be conducted with- Seizure of Assets for Administrative For- out search authority. feiture in Drug Related Cases. (f) Disposition of vehicles after im- APPENDIXES B–C TO PART 636 poundment. (1) If a privately owned ve- [RESERVED] hicle is impounded for evidentiary pur- poses, the vehicle can be held for as APPENDIX D TO PART 636—GLOSSARY long as the evidentiary or law enforce- ment purpose exists. The vehicle must In addition to the terms listed in appendix then be returned to the owner without D to part 634 of this subchapter, the fol- delay unless directed otherwise by lowing terms apply: competent authority. ATV—All Terrain Vehicles (2) If the vehicle is unclaimed after 45 CID—Criminal Investigation Division CUCV—Commercial Utility Cargo Vehicle days from the date notification was DDC—Defensive Driving Course mailed to the last known owner or the DOD—Department of Defense owner released the vehicle by properly DPCA—Directorate of Personnel and Com- completing DD Form 2505, the vehicle munity Activities will be disposed of by one of the fol- DUI—Driving Under the Influence lowing procedures: DDC—Motorcycle Defensive Driving Course (i) Release to the lienholder, if MP—Military Police known. NLT—Not later than (ii) Processed as abandoned property USAREUR—United States Army—Europe in accordance with DOD 4160.21–M. PART 637—MILITARY POLICE APPENDIX A TO PART 636—REFERENCES INVESTIGATION Publications and forms referenced in this part may be viewed at the Office of the Pro- Subpart A—Investigations vost Marshall on any major Army installa- Sec. tion or may be obtained from the National 637.1 General. Technical Information Service, U.S. Depart- 637.2 Use of MPI and DAC Detectives/Inves- ment of Commerce, 5285 Port Royal Road, tigators. Springfield, VA 22161. 637.3 Installation Commander. In addition to the related publications list- 637.4 Military Police and the USACIDC. ed in appendix A to part 634 of this sub- 637.5 Off-post investigations. chapter, the following publications provide a 637.6 Customs investigations. source of additional information: 637.7 Drug enforcement activities. FS Reg 190–7, Emergency Vehicle Operation 637.8 Identification of MPI. FS Reg 350–1, Active Component Training 637.9 Access to U.S. Army facilities and FS Reg 385–14, Post Range Regulation records. FS Reg 755–2, Lost, Abandoned, or Unclaimed 637.10 Authority to apprehend or detain. Privately Owned Personal Property 637.11 Authority to administer oaths. In addition to the prescribed forms used in 637.12 Legal considerations. appendix A to part 634 of this subchapter, the 637.13 Retention of property. following forms should be used: 637.14 Use of National Crime Information AFZP Form Letter 316, Suspension of Driv- Center (NCIC). ing Privileges 637.15 Polygraph activities. DA Form 3946, Military Police Traffic Acci- 637.16 Evidence. dent Report 637.17 Police Intelligence. DA Form 3975, Military Police Report 637.18 Electronic equipment procedures. DD Form 1920, Alcohol Influence Report 637.19 Overseas MP desk. DD Form 2220, DOD Registered Vehicle 637.20 Security surveillance systems. DD Form 2504, Abandoned Vehicle Notice 637.21 Recording interviews and interroga- DD Form 2505, Abandoned Vehicle Removal tions. Authorization DD Form 2506, Vehicle Impoundment Report Subpart B [Reserved] DD Form 2507, Notice of Vehicle Impound- ment 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. Other References 1562, 10 U.S.C. Chap. 47. 8 U.S.C. 13. SOURCE: 70 FR 36029, June 22, 2005, unless 40 U.S.C. 318a. otherwise noted. 80 VerDate Sep<11>2014 09:18 Sep 12, 2016 Jkt 238134 PO 00000 Frm 00090 Fmt 8010 Sfmt 8010 Y:\SGML\238134.XXX 238134 ehiers on DSK5VPTVN1PROD with CFR Department of the Army, DoD § 637.2 Subpart A—Investigations § 637.2 Use of MPI and DAC Detec- tives/Investigators. § 637.1 General. Only those matters requiring inves- (a) Military Police Investigators tigative development will be referred (MPI) and Department of the Army Ci- to the MPI for investigation. Provost vilian (DAC) detectives/investigators marshals will develop procedures to de- fulfill a special need for an investiga- termine which incidents will be re- tive element within the military police ferred to the MPI for completion and to investigate many incidents, com- which will be retained and completed plaints, and matters not within U.S. by uniformed MP personnel. Except as Army Criminal Investigation Com- otherwise provided, MPI and DAC de- mand (USACIDC) jurisdiction, but tectives/investigators will normally be which cannot be resolved immediately employed in the following investiga- through routine military police oper- tions: ations. Investigative personnel are as- (a) Offenses for which the maximum sets of the installation or activity com- punishment listed in the Table of Max- mander, under the supervision of the imum Punishment, Manual for Courts- Martial, United States, 2002 is confine- local provost marshal. USACIDC ele- ment for 1 year or less. Provisions of ments will provide investigative assist- the Federal Assimilative Crimes Act ance in the form of professional exper- will also be considered when assigning tise, laboratory examinations, poly- cases to MPI. The same punishment graph examinations, or any other as- criteria apply. sistance requested which does not dis- (b) Property-related offenses when tract from the USACIDC mission of in- the value is less than $1,000 provided vestigating serious crimes. A spirit of the property is not of a sensitive na- cooperation and close working rela- ture, such as government firearms, am- tionship is essential between USACIDC munition, night vision devices, or con- and the provost marshal office in order trolled substances. to accomplish the mission and project (c) Offenses involving use and/or pos- a professional police image. session of non-narcotic controlled sub- (b) Creation of a formalized inves- stances when the amounts are indic- tigation program does not constitute ative of personal use only. Military po- the establishment of a dual ‘‘detective’’ lice will coordinate with the local force. The separation of investigative USACIDC element in making deter- responsibilities is very distinct. The minations of ‘‘personal use’’. MPI and MPI Program is neither a career pro- DAC detectives/investigators may be gram nor a separate Military Occupa- employed in joint MPI/USACIDC drug tional Specialty (MOS). Individuals in suppression teams; however, the con- the MPI Program are specially se- duct of such operations and activities lected, trained, and experienced mili- remain the responsibility of USACIDC. tary or civilian men and women per- When employed under USACIDC super- forming traditional military police vision, MPI and DAC detectives/inves- functions. Military personnel are iden- tigators may also be utilized to make tified by their additional skill identi- controlled buys of suspected controlled substances. fiers (ASI V5) and may be employed in any assignment appropriate to their (d) Activities required for the secu- rity and protection of persons and grade and MOS. property under Army control, to in- (c) The provost marshal may author- clude support of Armed Forces Dis- ize wearing of civilian clothing for the ciplinary Control Boards as prescribed MPI investigative mission. in AR 190–24. If MPI detect a crime- (d) MPI and DAC detective/investi- conducive condition during the course gator personnel must be familiar with of an investigation, the appropriate and meet the requirements of Army physical security activity will be Regulation (AR) 190–14 (Carrying of promptly notified. Crime-conducive Firearms and Use of Force for Law En- conditions will also be identified in forcement and Security Duties). military police reports. 81 VerDate Sep<11>2014 09:18 Sep 12, 2016 Jkt 238134 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:\SGML\238134.XXX 238134 ehiers on DSK5VPTVN1PROD with CFR § 637.3 32 CFR Ch. V (7–1–16 Edition) (e) Allegations against MP personnel, in conjunction with the appropriate when not within the investigative re- commander and, where applicable, sponsibilities of USACIDC. local host country law enforcement au- (f) Offenses committed by juveniles, thorities. when not within the investigative re- (d) Unit commanders should consult sponsibilities of USACIDC. with the installation provost marshal (g) Gang or hate crime related activ- concerning all serious incidents. Exam- ity, when not within the investigative ples of incidents appropriate for inves- responsibilities of USACIDC. tigation at the unit level include sim- ple assaults not requiring hospitaliza- § 637.3 Installation Commander. tion and not involving a firearm, or The installation commander, whose wrongful damage to property of a value responsibilities include ensuring good under $1,000. Other incidents should be order and discipline on his installation, immediately referred to the installa- has authority to order the initiation of tion provost marshal. a criminal investigation upon receipt (e) The military police desk is the of- of information of activity of a criminal ficial point of contact for initial com- nature occurring on the installation. plaints and reports of offenses. The provisions of AR 190–45 are to be fol- § 637.4 Military Police and the USACIDC. lowed for all military police records, reports, and reporting. (a) The military police or the (1) When incidents are reported di- USACIDC are authorized to investigate rectly to a USACIDC field element, allegations of criminal activity occur- USACIDC may either direct the report- ring on the installation. Nothing in ing person to the MP desk or report the this paragraph is intended to conflict incident to the MP desk themselves. with or otherwise undermine the delin- eation of investigative responsibilities (2) Upon receipt of the complaint or between the military police and the report of offense, the MP desk will dis- USACIDC as set forth in AR 195–2.
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