Once the warrant is issued, it must be executed in the daytime unless the warrant states that it may
be executed at other times ("daytime" is between 0600 and 2200 local time per Rule 41(h)). The
warrant must be executed within 10 days and a civilian law enforcement officer must go with you if the
search is off post (CIDR 195-1, paragraph 5-33b(3)). A copy of the warrant and a receipt for any
property seized will be given to the person whose premises were searched. If no one was present
when the search was conducted, a copy of the warrant and the receipt will be left at the premises. The
warrant and the inventory must be returned to the official who issued the warrant.
If you are working a case and feel that a federal search warrant may be needed, the Assistant
United States Attorney must be contacted and briefed prior to requesting the warrant (paragraph 5-33c,
CID Regulation (CIDR) 195-1). Examples of affidavits, warrants, and returns are contained in Appendix
N, Figures 47 and 48, CIDR 195-1.
C. Inspector General Act of 1978: 5 USC App 3 8 6(a)(4).
This section was enacted to give several agencies of the government the power to conduct audits
and investigations of their programs and operations. The Department of Defense is one of the listed
agencies. The Act provides for an inspector general for each of the departments. Each inspector
general has the duty to report criminal violations to the Attorney General. The inspectors general (IGs)
also have the responsibility of recommending actions to cure abuses or deficiencies in the operations of
their respective departments.
The tool which the Act gives to each IG is the subpoena. The subpoena may be enforced by the
Federal District Courts (Section 6(a)4)). The subpoena may be for any information, documents,
reports, answers, records, accounts, papers, and other data and documentary evidence necessary in
the performance of the functions assigned by the Act. Note that this does not empower the IG to
subpoena people for oral testimony. The subpoena only covers records, papers, etc. Since the IG's
responsibilities under the Act are very broad, the areas which may be investigated are similarly broad.
For instance, the IG can subpoena records when investigating with a view toward increasing efficiency.
Obviously, the subpoena in such an instance would be very broad. It would have to be broad to carry
out the stated functions. The IG would have to have enough information to evaluate the present
program. The Department of Defense IG has stated that one of the IG functions is to provide
leadership in promoting efficiency, economy, and prevention and detection of fraud and abuse (DOD
Directive 5106.1, dated 14 March 1983). The DOD IG cited the directive in a 19 September 1983
memorandum to the Secretaries of the Army, Navy, and Air Force. The memorandum implements the
authority of the DOD IG to issue subpoenas is support of DOD IG investigations. The memorandum
sets out procedures for issuance of DOD IG subpoenas. When a DOD audit or investigative agency
wants a subpoena, the agency is to request it through the Assistant IG for Criminal Investigations and
Policy Oversight. If the IG feels the subpoena is appropriate and within the IG function, the subpoena
will be issued.