What role can MIL INTEL play?
DoD 5240.1-R, December 1982
C12. CHAPTER 12
PROCEDURE 12. PROVISION OF ASSISTANCE TO LAW ENFORCEMENT
AUTHORITIES
C12.1. APPLICABILITY
This procedure applies to the provision of assistance by DoD intelligence components to law enforcement authorities. It incorporates the specific limitations on such assistance contained in E.O. 12333 (reference (a)), together with the general limitations and approval requirements of DoD Directive 5525.5 (reference (i)).
C12.2. PROCEDURES
C12.2.1. Cooperation with Law Enforcement Authorities. Consistent with the
limitations contained in DoD Directive 5525.5 (reference (i)), and paragraph C12.2.2., below, DoD intelligence components are authorized to cooperate with law enforcement authorities for the purpose of:
C12.2.1.1. Investigating or preventing clandestine intelligence activities by
foreign powers, international narcotics activities, or international terrorist activities;
C12.2.1.2. Protecting DoD employees, information, property, and facilities;
and
C12.2.1.3. Preventing, detecting, or investigating other violations of law.
C12.2.2. Types of Permissible Assistance. DoD intelligence components may
provide the following types of assistance to law enforcement authorities:
C12.2.2.1. Incidentally acquired information reasonably believed to indicate a
violation of Federal law shall be provided in accordance with the procedures adopted pursuant to section 1.7(a) of E.O. 12333 (reference (a));
C12.2.2.2. Incidentially acquired information reasonably believed to indicate a
violation of State, local, or foreign law may be provided in accordance with procedures adopted by the Heads of DoD Components;
C12.2.2.3. Specialized equipment and facilities may be provided to Federal law
enforcement authorities, and, when lives are endangered, to State and local law
enforcement authorities, provided such assistance is consistent with, and has been approved by an official authorized pursuant to, Enclosure 3 of DoD Directive 5525.5 (reference (i)); and
C12.2.2.4. Personnel who are employees of DoD intelligence components
may be assigned to assist Federal law enforcement authorities, and, when lives are endangered, State and local law enforcement authorities, provided such use is consistent with, and has been approved by an official authorized pursuant to, Enclosure 4 of DoD Directive 5525.5 (reference (i)). Such official shall ensure that the General Counsel of the providing DoD Component concurs in such use.
C12.2.2.5. Assistance may be rendered to law enforcement agencies and
security services of foreign governments or international organizations in accordance with established policy and applicable Status of Forces Agreements; provided, that DoD intelligence components may not request or participate in activities of such agencies undertaken against United States persons that would not be permitted such components under these procedures.
Change 2, 4/26/2017