12/16/2023 0 Comments Counter espionage techniques![]() ![]() The CI agent must know what, where, by whom, and for what purpose records are maintained throughout the AO. (No Army element will retain in its files any information which is prohibited by AR 381-10.) The full exploitation of records examination as an investigative tool depends on several factors which the CI agent must consider.Ī. Checks should begin with local unit files and expand to include the Investigative Records Repository and other military services and civilian agencies. AR 195-5 and FM 19-20 cover the legal aspects of gathering, handling, and controlling evidence.Ĭhecking files and records for pertinent information on the subject of the investigation is the first action in CI investigations. After coordination with the SCO and obtaining command approval, it will support the prosecution's case and provide insight to the CI agent regarding case direction. In cases where prosecution is a possibility, CI investigative personnel should brief the SJA trial counsel in the initial stages of the investigation. In addition, CI personnel involved in investigative activities must obtain advice from the Staff Judge Advocate (SJA) or legal officer to implement recent court decisions interpreting statutes and regulations.ĭ. It is important to ensure that the potential ability to prosecute any given case is not jeopardized by illegal or improper CI investigative techniques. The legal principles are designed to ensure that the legal rights of subjects or suspects are observed. ![]() Basic legal principles will always apply to CI investigative situations. (3) To be able to recognize those cases where specific guidance or assistance and approval must be obtained before proceeding further.Ĭ. (2) To be guided by them in cases not foreseen, when there is no time to seek specific guidance or assistance. (1) To strictly apply them in all investigative activity. CI personnel must have a thorough understanding of the legal principles (see Section II to Appendix A) and procedures involved in conducting an investigation for three reasons: Investigations must be conducted in accordance with the principles of law and the rules of evidence which govern the prosecution of any criminal activity. Therefore, the procedures used during an investigation must be compatible with the requirements for prosecution.ī. ![]() If an investigation cannot evolve into a more productive CI operation, and when further exploitation is not possible, the objectives must be deterrence or prevention and prosecution of the suspects. Most CI investigations go beyond arrest and prosecution of suspects. Specific information for PSI is contained in Section VII to this appendix, while CI investigations is contained in Section VIII to this appendix.Ī. The basic investigative techniques and procedures described in this section apply to both primary types of investigations: PSI and CI (also called SAEDA) investigations.
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