Military Police

Interception of Wire and Oral Communications for Law Enforcement Purposes

By Order of the Secretary of the Army:

MARK A. MILLEY
General, United States Army
Chief of Staff

MARK F. AVERILL
Acting Administrative Assistant
to the Secretary of the Army

History. This publication is an administrative revision. The portions affected by this administrative revision are listed in the summary of change.

Summary. This regulation implements DODIDODIDepartment of the Defense Instruction O-5505.09. It provides legal and technical policy for the U.S. Army Criminal Investigation Command law enforcement officials and legal officers. This regulation contains complex technical policies and procedures that may not be readily comprehensible to persons without extensive legal training and experience. Questions concerning policies contained herein should be discussed with supervisory personnel and legal advisors.

Applicability. This regulation applies to the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. This regulation also applies to all active duty and reserve special agents and investigative personnel assigned to the U.S. Army Criminal Investigation Command conducting investigations under the provisions of AR 195-2.

Proponent and exception authority. The proponent of this regulation is the Director, U.S. Army Criminal Investigation Division. Only the Secretary of the Army or designee may approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent and the approval authority. Refer to AR 25-30 for specific requirements.

Army internal control process. This regulation contains internal controls provisions in accordance with AR 11-2 and identifies key internal controls that must be evaluated (see app B).

Supplementation. Supplementation of this regulation and establishment of command and local forms are prohibited without prior approval from the Director, U.S. Army Criminal Investigation Division.

Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) via email to usarmy.belvoir.hqda-usacid.mbx.cidpolicy@army.mil.

Distribution. This regulation is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

*This regulation supersedes AR 190-53, dated 3 November 1986.

and Interceptions Requiring Special Approval

Service; Records Concerning Electronic Communication Service or Remote Computing Service