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 purposes, the vehicle can be held for as APPENDIX D TO PART 636—GLOSSARY long as the evidentiary or law enforcement 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.

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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 element 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 security 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.

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(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. patch an available patrol to the scene (b) When investigative responsibility of the incident. The patrol will take is not clearly defined, and the matter appropriate measures to include locat- cannot be resolved between military ing the complainant, witnesses, sus- police investigations supervisors and pects, and victims, apprehending of- USACIDC duty personnel, or between fenders, securing the crime scene, ren- military police investigations super- dering emergency assistance, deter- visors and unit commanders, the pro- mining and reporting to the MP desk, vost marshal will be informed and will by the most expeditious means pos- resolve the matter with the appro- sible, the appropriate activity having priate USACIDC activity commander/ investigative responsibility. Special Agent in Charge (SAC) or unit (f) In those cases in which the commander. USACIDC has an ongoing investigation (c) The control and processing of a (typically fraud and narcotics mat- crime scene and the collection and ters), they may delay notification to preservation of the evidence are the ex- the military police to avoid compro- clusive responsibilities of the investi- mising their investigation. gator or supervisor in charge of the (g) Procedures will be developed to crime scene when the military police ensure mutual cooperation and support have investigative responsibility. To between MPI, DAC detectives/inves- prevent the possible loss or destruction tigators and USACIDC elements at of evidence, the investigator or super- each investigative level; however, MPI, visor in charge of the crime scene is DAC detectives/investigators and authorized to exclude all personnel USACIDC personnel will remain under from the scene. The exercise of this au- command and control of their respec- thority in a particular case may be tive commanders at all times. subject to the requirement to preserve (1) With the concurrence of the com- human life and the requirement for mander concerned, MPI and DAC detec- continuing necessary operations and tives/investigators may provide assist- security. These should be determined ance to USACIDC whenever elements

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assume responsibility for an investiga- General (DAPM–MPD–LE). All such no- tion from MPI. tifications will be made to the military (2) When requested by a USACIDC re- police and investigated by CID or the gion, district, or the special agent-in- military police, as appropriate. charge of a resident agency, the pro- (b) Military police will receipt for all vost marshal may provide MPI or DAC seized or confiscated U.S. Government detective/investigator assistance to property and contraband shipped by USACIDC on a case-by-case basis or for U.S. Army personnel. Property a specified time period. receipted for by military police will be (3) With the concurrence of the ap- accounted for, and disposed of, in ac- propriate USACIDC commander, CID cordance with evidence procedures out- personnel may be designated to assist lined in AR 195–5. MPI or DAC detectives/investigators on (c) When it has been determined that a case-by-case basis without assuming the subject of an MP customs inves- control of the investigation. tigation is no longer a member of the (4) Modification of investigative re- U.S. Army, the investigation will be sponsibilities is authorized on a local terminated, a final report submitted basis if the resources of either indicating the subject was released USACIDC or the military police cannot from the U.S. Army, and an informa- fully support their investigative work- tion copy of the report furnished to the load and suitable alternatives are not appropriate civil investigative agency. available. Such modifications will be (d) Recovery of weapons and signifi- by written agreement signed by the cant amounts of ammunition will be provost marshal and the supporting reported by the U.S. Army element USACIDC commander. Agreements will receipting for them from the U.S. Cus- be in effect for no more than two years toms Service in accordance with AR unless sooner superseded by mutual 190–11 and AR 190–45. agreement. § 637.7 Drug enforcement activities. § 637.5 Off-post investigations. Provost marshals and U.S. Army law (a) In Continental United States enforcement supervisors at all levels (CONUS), civilian law enforcement will ensure that active drug enforce- agencies, including state, county, or ment programs are developed and municipal authorities, or a Federal in- maintained, and that priorities for re- vestigative agency normally inves- sources reflect the critical and impor- tigate incidents occurring off-post. tant nature of the drug enforcement ef- When an incident of substantial inter- fort. est to the U.S. Army occurs off-post, (a) MPI and DAC detectives/inves- involving U.S. Army property or per- tigators will conduct investigations of sonnel, the military police exercising offenses involving use and possession of area responsibility will request copies non-narcotic controlled substances. A of the civilian law enforcement report. copy of all initial, interim and final (b) In Overseas areas, off-post inci- military police reports concerning drug dents will be investigated in accord- investigations will be provided to the ance with Status of Forces Agreements USACIDC at the local level. Enforce- and other appropriate U.S. host nation ment activities will be coordinated agreements. with the USACIDC at the local level. (b) Any investigation of offenses in- § 637.6 Customs investigations. volving possession/use of non-narcotic (a) Customs violations will be inves- controlled substances generated as a tigated as prescribed in AR 190–41. result of another USACIDC investiga- When customs authorities find unau- tion may be transferred to MPI with thorized material such as contraband, the concurrence of both the supporting explosives, ammunition, unauthorized USACIDC commander and provost mar- or illegal weapons or property, which shal. may be property of the U.S. Govern- (c) Elements of USACIDC will be pro- ment, notification must be made via vided the opportunity to interview sub- electronic message or facsimile to jects, suspects or witnesses in MPI or HQDA, Office of the Provost Marshal DAC detective investigations involving

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controlled substances without assum- information from medical records are ing responsibility for the investigation. contained in AR 40–66. MPI and DAC detectives/investigators may also interview subjects, suspects § 637.10 Authority to apprehend or de- or witnesses of USACIDC investiga- tain. tions. MPI and DAC detectives/investigators have authority to make apprehen- § 637.8 Identification of MPI. sions in accordance with Article 7, Uni- (a) During the conduct of investiga- form Code of Military Justice (UCMJ); Rule for Courts-Martial 302 (b)(1), Man- tions, MPI will identify themselves by ual for Courts-Martial, United States presenting their credentials and refer- 2002 (Revised Edition). They may dering to themselves as ‘‘INVESTI- tain personnel for identification and GATOR.’’ When signing military police remand custody of persons to appro- records the title ‘‘Military Police In- priate civil or military authority as vestigator’’ may be used in lieu of mili- necessary. Civilians committing of- tary titles. Civilian personnel will refer fenses on U.S. Army installations may to themselves as ‘‘INVESTIGATOR’’ if be detained until they can be released they are classified in the 1811 series, to the appropriate Federal, state, or and as ‘‘DETECTIVE’’ if they are in local law enforcement agency. the 083 series. Civilian personnel will use the title ‘‘DAC Investigator’’ or § 637.11 Authority to administer oaths. ‘‘DAC Detective’’; corresponding to MPI and DAC detectives/investiga- their classification series. tors have authority pursuant to Article (b) The use of titles such as ‘‘Mr.’’, 136(b)(4), UCMJ to administer oaths to ‘‘Mrs.’’, ‘‘Miss’’ or ‘‘Ms.’’ in connection military personnel who are subject to with an individual’s identification as the UCMJ. The authority to administer an MPI is prohibited, except when em- oaths to civilians who are not subject ployed in a covert investigative role. to the UCMJ is 5 U.S.C. 303(b). When MPI or DAC detectives/investigators are employed in covert roles, su- § 637.12 Legal considerations. pervisors will ensure that coordination (a) Coordination between installation with USACIDC or civilian law enforce- judge advocates and investigators must ment agencies is accomplished as ap- occur during the conduct of investiga- propriate. tions. (b) The use of the DA Form 3881 § 637.9 Access to U.S. Army facilities (Rights Warning Procedure/Waiver Cer- and records. tificate) to warn accused or suspected (a) MPI and DAC detectives/inves- persons of their rights is encouraged. tigators will be granted access to all (c) When necessary, investigators U.S. Army facilities, records or infor- will coordinate with a judge advocate mation when necessary for an ongoing or civilian attorney employed in the investigation, consistent with the in- Office of the Staff Judge Advocate for vestigator’s clearance for access to the purpose of establishing a legal classified national defense information, opinion as to whether sufficient cred- the requirements of medical confiden- ible evidence has been established to tiality, and the provisions of applicable title an individual in a report. Inves- regulations. tigators should also coordinate with (b) Upon presentation of proper iden- the Office of the Staff Judge Advocate tification when conducting an official in drafting search warrants and in de- investigation, MPI and DAC detectives/ termining whether probable cause ex- investigators will be authorized access ists to conduct a search. to information contained in medical records and may request extracts or § 637.13 Retention of property. transcripts. Medical records will re- Reports of investigation, photo- main under the control of the records graphs, exhibits, handwritten notes, custodian who will make them avail- sketches, and other materials perti- able for courts-martial or other legal nent to an investigation, including cop- proceedings. Procedures for obtaining ies, negatives or reproductions, are the

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property of the U.S. Government, ei- (c) Consistent with the cir- ther as owner, or custodian. cumstances, data to be obtained by polygraph examination are needed for § 637.14 Use of National Crime Infor- further conduct of the investigation. mation Center (NCIC). (d) Investigation by other means has Provost marshals will make max- been as thorough as circumstances per- imum use of NCIC terminals available mit. to them, and will establish liaison with (e) Examinee has been interviewed on the U.S. Army Deserter Information all relevant subjects requested for test- Point (USADIP) as necessary to ensure ing and the polygraph examination is timely exchange of information on essential and timely. matters concerning deserters. The § 637.16 Evidence. USADIP will ensure replies to inquiries from provost marshals on subjects of Military police are authorized to re- MP investigations are transmitted by ceive, process, safeguard and dispose of the most expeditious means. Use of evidence, to include non-narcotic con- NCIC will be in accordance with AR trolled substances, in accordance with 190–27. AR 195–5. If no suitable facility is available for the establishment of a § 637.15 Polygraph activities. military police evidence depository or other operational circumstances so dic- MPI and DAC detectives/investiga- tate, the evidence custodian of the ap- tors will utilize the polygraph to the propriate USACIDC element may be re- full extent authorized. Requests for quested to receipt for and assume re- polygraph examination assistance will sponsibility for military police evi- be forwarded to the supporting dence. Personnel selected as military USACIDC element in accordance with police evidence custodians need not be provisions of AR 195–6. The investiga- trained as MPI and should not be tive or intelligence element requesting issued MPI credentials, unless they are approval to conduct a polygraph exam- also employed as operational MPI. Fur- ination will submit a completed DA ther information concerning evidence Form 2805 (Polygraph Examination Au- collection and examination procedures thorization) to the authorizing official. can be found in Field Manual (FM) 3– A request may also be sent via an elec- 19.13, Law Enforcement Investigations. tronic message or electronic mail or media provided all elements of the DA § 637.17 Police Intelligence. Form 2805 are included in the request. (a) The purpose of gathering police Approvals will be obtained prior to the intelligence is to identify individuals conduct of an examination. Telephonic or groups of individuals in an effort to requests, followed with written re- anticipate, prevent, or monitor pos- quests, may be used in emergencies. sible criminal activity. If police intel- The requesting official will include the ligence is developed to the point where following data on every polygraph ex- it factually establishes a criminal of- amination request for criminal inves- fense, an investigation by the military tigations: police, (USACIDC) or other investiga- (a) The offense, which formed the tive agency will be initiated. basis of the investigation, is punishable (b) Police intelligence will be ac- under Federal law or the UCMJ by tively exchanged between Department death or confinement for a term of 1 of Defense (DOD) law enforcement year or more. Even though such an of- agencies, military police, USACIDC, fense may be disposed of with a lesser local, state, federal, and international penalty, the person may be given a law enforcement agencies. One tool polygraph examination to eliminate under development by DOD for sharing suspicion. police intelligence is the Joint Protec- (b) The person to be examined has tion Enterprise Network (JPEN). JPEN been interviewed and there is reason- provides users with the ability to post, able cause to believe that the person retrieve, filter, and analyze real-world has knowledge of, or was involved in, events. There are seven reporting cri- the matter under investigation. teria for JPEN:

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(1) Non-specific threats; rect electrical connection through tele- (2) Surveillance; phone company recorder-connector (3) Elicitation; equipment. An automatic audible-tone (4) Tests of Security; device is not required. (5) Repetitive Activities; (3) Official emergency telephone (6) Bomb Threats/Incidents; and numbers for MP desks will be listed in (7) Suspicious Activities/Incidents. appropriate command, activity, or in- (c) If a written extract from local po- stallation telephone directories with a lice intelligence files is provided to an statement that emergency conversa- authorized investigative agency, the tions will be recorded for accuracy of following will be included on the trans- record purposes. Other forms of pre- mittal documents: ‘‘This document is warning are not required. provided for information and use. Cop- (4) Recordings, which contain con- ies of this document, enclosures there- versations described in this section, to, and information therefrom, will not will be retained for a period of 60 days. be further released without the prior Transcripts may be made for perma- approval of the installation Provost nent files, as appropriate. Marhsall. (5) The recording of telephone com- (d) Local police intelligence files may munications or radio transmissions by be exempt from certain disclosure re- MP personnel for other than emer- quirements by AR 25–55 and the Free- gency purposes is prohibited. If an in- dom of Information Act (FOIA). vestigator requires the use of electronic surveillance equipment, assist- § 637.18 Electronic equipment proce- ance must be requested from the dures. USACIDC. This policy is established (a) DOD Directive 5505.9 and AR 190– pursuant to Department of Defense di- 53 provide policy for the wiretap, inves- rectives that limit such activity to the tigative monitoring and eavesdrop ac- criminal investigative organizations of tivities by DA personnel. The recording the Services and DOD. of telephone communications at MP (6) Commanders having general operations desks is considered to be a courts-martial convening authority form of command center communica- will issue written authorizations for tions monitoring which may be con- the recording of emergency telephone ducted to provide an uncontroversial communications at MP operations record of emergency communications. desks. The letter of authorization will This includes reports of emergencies, contain specific authority for the type analysis of reported information, of equipment to be used, the phone records of instructions, such as com- numbers identified as emergency lines mands issued, warnings received, re- and instructions limiting recordings to quests for assistance, and instructions calls received on the phones so des- as to the location of serious incidents. ignated. One copy of the authorization (b) The following procedures are ap- will be forwarded to the Office of the plicable to the recording of emergency Provost Marshal General (OPMG), 2800 telephone and/or radio communications Army Pentagon, Washington, DC 20310– at MP operations desks within the 50 2800. states of the United States, the Dis- trict of Columbia, the Commonwealth § 637.19 Overseas MP desk. of Puerto Rico, Panama, and Guam. The recording of telephone commu- (1) All telephones connected to re- nications at MP operations desks out- cording equipment will be conspicu- side the United States will be con- ously marked ‘‘For Official Use Only- ducted within restrictions contained in connected to recording device’’ and ac- international agreements between the cess to use will be restricted to MP op- U.S. and host nations. erations desk personnel. (2) The connection of voice-recording § 637.20 Security surveillance systems. equipment or private-line service with Closed circuit video recording sys- the telecommunications network will tems, to include those with an audio be in accordance with applicable tele- capability, may be employed for secu- phone company tariffs which permit di- rity purposes in public places so long

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as notices are conspicuously displayed interviewee is on notice that the testi- at all entrances, providing persons who mony or statement is being recorded. enter with a clear warning that this This procedure is a long-accepted law type of monitoring is being conducted. enforcement procedure, not precluded by DA policies pertaining to wiretap, § 637.21 Recording interviews and in- terrogations. investigative monitoring, and eavesdrop activities. The recording of interviews and in- terrogations by military police personnel is authorized, provided the Subpart B [Reserved]

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