Authority, responsibility, mission, functions Flashcards

1
Q

SECNAVINST 5430.107A

A

agency receives authority; describes Mission & Functions

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2
Q

Statutory authority for investigative/CI jurisdiction

A

Federal Statutes (US Federal Code); Executive Orders (12333); DOD Directives & SEVNAVINST (SECNAVINST 5430.107A)

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3
Q

Agency Policies located in

A

NCIS-1 Manual for Admin; NCIS-3 Manual for Investigations

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4
Q

3 major missions of agency

A

prevent terorism; protect against foreign intel threats; reduce major crim. activity

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5
Q

Agency functions

A

Criminal investigations, criminal operations, fraud investigations, CI/CT investigations operations, threat warning analysis, internal security, cyber investigations & operations, support to special access programs (SAPs), technical surveillance countermeasures (TSCM), protective service operations, liaison

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6
Q

Are DON commands required to immediately refer to agency any actual or suspected major criminal offense?

A

Yes

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7
Q

What defines a “major criminal offense”?

A

Felony (any offense punishable under UCMJ/federal/state/local/foreign statutes by confinement for more than 1 year

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8
Q

Does the agency need to obtain authorization from a military commander before initiating a criminal investigation involving their command?

A

No

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9
Q

Within the DoN, who has the authority to direct the agency to suspend or terminate a criminal investigation?

A

Sec. of Navy

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10
Q

Are agents required to coordinate with military commander or director prior to tasking a military member to perform an undercover role in support of criminal investigation or op?

A

Yes, coordinate unless there is a threat safety or opsec concern
No, for a civilian employee

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11
Q

Military apprehension

A

military members taken into custody for suspected violation of UCMJ placed under military apprehension and turned over to their command

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12
Q

arrest

A

persons subject to local, state, federal laws are placed under arrest and presented to a civilian court to face criminal charges

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13
Q

Do agents have statutory authority to arrest civilians?

A

Yes, Title 10 USC 8750

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14
Q

Do active duty agents have same civilian arrest authority?

A

No- 18 USC 1385 Posse Comitatus Act

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15
Q

Does agency have exclusive responsibility within DoN for coordinating and conducting activities with FBI & CIA?

A

Yes
FBI: DOD & DOJ memo
CIA: DOD and Director of Central Intelligence Directive

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16
Q

SA’s hold what level of clearance

A

TS; need to know - relevant to performance of official duties; privilege that can be revoked

17
Q

Authorized to administer oaths and take sworn statements from both military members & civilians?

A

Yes; 5 USC 303(b)

18
Q

Who can authorize consensual interceptions of wire, electronic, or oral comms for LE purposes?

A

Director, deputy director, exec. asst. director (crim.), exec asst director (Pacific), exec asst director (Atlantic)

19
Q

Who may authorize requests to conduct nonconsensual interceptions of wire, electronic or oral comms for LE purposes?

A

NO ONE! Requires fed or state warrant/court order; AG approval or special coordination