relevant; (3) the place and nature of the facilities where the interception will be made; (4) identity of the
person committing the offense and whose communications will be intercepted; (5) what other
procedures have been tried and why they failed or would fail or be dangerous; (6) the type of
equipment to be used to make the intercept; (7) the time period for the intercept; (8) the safeguards to
minimize acquiring, retaining, and disseminating communications which are irrelevant to the case; (9) a
statement concerning the facts of any previous applications regarding the same persons, facilities, or
places, and the result of such and, if you apply for an extension, you must set forth the results so far, or
an explanation of why no results were obtained yet. Remember, if you use a pen register as part of an
intercept, you must follow these procedures for the pen register too.
If the intercept is abroad, follow the procedures outlined above if you want to target a person subject
to the UCMJ. The approval authority is the DOD General Counsel. If approved, the request will be
submitted to a military judge. The military judge will authorize the intercept if, using a probable cause
standard, it appears that a person subject to the UCMJ is involved in committing one of the offenses
listed previously. The military judge then must decide that normal measures will not succeed or are too
dangerous; and finally, that no violations of the relevant treaties or host country law will occur. The
order will narrowly state whose communications will be intercepted, where it will be done, the type of
communication sought and to what offense it relates, what agency may perform the intercept, how long
it may run, and that it shall be done in a way to minimize intercepting irrelevant communications. You
should understand that this intercept should be coordinated with the Host Nation prosecutor before
seeking approval from the DOD General Counsel. This will ensure that such intercepts do not violate
Host Nation laws or agreements the United States has with the Host Nation.
If you need a nonconsensual intercept of a person not subject to the UCMJ, use the procedures for
nonconsensual intercept within the United States. The approval procedures are the same as those for
nonconsensual intercept within the United States. This intercept should be coordinated with the Host
Nation prosecutor for the same reasons discussed in the paragraph next above. Further, you should
understand that there is an unresolved issue as to which Federal District Court would have jurisdiction
and willingness to issue an order to conduct an overseas intercept.
Telephone tracing is governed by paragraphs 4-1 and 4-2 of AR 190-53 and paragraph 5-27d, CIDR
195-1. Approval of consensual tracing may be given by the installation commander; the commander,
USACIDC; or the region commander.
There is a provision for emergency intercepts, but the approval levels are still the DOD General
Counsel and the Attorney General.
In all instances when you need an intercept, coordinate with JAG. This is a complex area, it can be
an emotional area, and it can be a breeding ground for lawsuits.
I. Consent to Search.
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