What is the purpose of Army regulation AR 190-53 INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS FOR LAW ENFORCEMENT PURPOSES?
The purpose of this regulation is to establish policies and procedures for the interception and monitoring of wire and oral communications by military law enforcement personnel for authorized investigative purposes.
Who is responsible for the implementation and oversight of this regulation?
The Provost Marshal (PM) is responsible for the implementation, oversight, and management of interception and monitoring activities in accordance with this regulation.
Under what circumstances can wire and oral communications be intercepted or monitored?
Wire and oral communications can be intercepted or monitored when there is probable cause to believe that the communication will provide evidence of a specific offense and a court order has been obtained, or in emergency situations outlined in the regulation.
What documentation is required to intercept or monitor wire or oral communications?
Prior to intercepting or monitoring any communication, a written request must be submitted to the appropriate court, providing sufficient details about the offense being investigated and the need for interception. The court will then issue an appropriate authorization.
Are there any limitations to intercepting or monitoring communications of Army personnel?
Yes, intercepting or monitoring communications of Army personnel is limited to authorized investigative purposes and must be conducted in accordance with this regulation, the Privacy Act of 1974, and any applicable regulations.
What safeguards are in place to protect individuals' privacy during interception or monitoring?
Intercepted or monitored communications must be minimized to the extent necessary to accomplish the authorized purpose. Additionally, interception or monitoring must cease once the authorized purpose has been achieved.
Can intercepted or monitored communications be used as evidence in court-martial proceedings?
Yes, intercepted or monitored communications can be used as evidence in court-martial proceedings, provided they were obtained in accordance with this regulation and any applicable legal requirements.
Are there any penalties for unauthorized interception or monitoring of communications?
Yes, unauthorized interception or monitoring of communications is a violation of this regulation and may result in disciplinary action, including administrative actions, criminal prosecution, or adverse administrative actions.
How often are interception and monitoring activities reviewed for compliance?
Intercepted or monitored communications, as well as the utilization and storage of interception equipment, must be reviewed annually by the Office of the Staff Judge Advocate to ensure compliance with legal and regulatory requirements.