SFSECIS INVESTIGATION

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• SFSECIS Headquarters Main Site

STAR FLEET SECURITY
& INVESTIGATIVE SERVICE
HEADQUARTERS

WARNING: THIS DOCUMENT IS THE PROPERTY OF THE STAR FLEET SECURITY & INVESTIGATIVE SERVICE. CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY[S] CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE SFSECIS.

INVESTIGATION PROCESS

PERTINENT REGULATIONS:

ARTICLE 31:

Article 31 of the Star Fleet Uniform Code of Military Justice [831.31,1-4] explains the rights of the accused service member, similar to yet stronger than civilian ‘Miranda Rights’. Key points of this article include:

1. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate them.

2. No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing them of the nature of the accusation and advising them that they does not have to make any statement regarding the offense of which they are accused or suspected and that any statement made by them may be used as evidence against them in a trial by court-martial.

3. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade them.

4. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against them in a trial by court-martial.

ARTICLE 32:

Article 32 of the Star Fleet Uniform Code of Military Justice [832.32,1-4], requires a thorough and impartial investigation of charges and specifications before they may be referred to a general court-martial (the most serious level of courts-martial). However, the accused may waive the Article 32 investigation requirement. The purpose of this pretrial investigation is to inquire into the truth of the matter set forth in the charges, to consider the form of the charges, and to secure information to determine what disposition should be made of the case in the interest of justice and discipline. The investigation also serves as a means of pretrial discovery for the accused and defense counsel in that copies of the criminal investigation and witness statements are provided and witnesses who testify may be cross-examined.

INITIATING AN INVESTIGATION:

The SFSECIS Investigation Process begins when an allegation is made. An allegation can be made in a variety of ways. Most commonly, an individual will walk into an SFSECIS office and report a crime or will call the Command and report a crime, who, in turn, informs SFSECIS. Furthermore, SFSECIS will sometimes find out about an allegation from a Federation Law Enforcement counterpart (i.e. Federation Marshall’s Service).

Investigations initiated by SFSECIS have primacy over collateral investigations conducted by commanders, and all other Star Fleet service components. Collateral investigations will not interfere or otherwise hinder SFSECIS investigations.

Any commander, commanding officer, or other appropriate command authority with Star Fleet/SFMC may request SFSECIS conduct an investigation. SFSECIS may, at its discretion, decline to undertake the investigation. In such an event, SFSECIS will expeditiously inform the affected command or activity pursuant to applicable regulations.

CONDUCTING INVESTIGATIONS:

Persons accredited by the Director as Field Agents, investigators, and operational representatives are authorized to administer oaths and take sworn statements in execution of official investigative duties pursuant to applicable laws and regulations pertaining to such duties.

If, during the conduct of an SFSECIS investigation, a commanding officer deems it necessary to proceed with an internal unit investigation, that decision must first be coordinated with SFSECIS. If SFSECIS objects to the initiation of an investigation, it will be suspended and the matter referred for resolution to the first officer exercising general court-martial convening authority.

In contrast to Civilian law enforcement agencies, SFSECIS does not care if someone is "pressing charges", even the victim(s). SFSECIS will investigate allegations and present their findings to the Command, their respective JAGs and any other local law enforcement entities involved. It is those individuals who will decide on whether to pursue charges against the accused.

RECIPROCIT:

SFSECIS will, on a reciprocal basis, support Federation, Star Fleet security, or intelligence agencies in lawful actions in due course of their own initiated investigations. This reciprocal support may include automated or person to person sharing of information and assisting and/or facilitating fellow law enforcement agencies in the surveillance, detention, apprehension, and/or arrest of suspected violators of the law including those with active arrest warrants and those armed forces members in a deserter status to the maximum extent prudent and permitted by law and regulation.

The Judge Advocate General (COMJAG), Director Office of Star Fleet Intelligence (DIROSFI), Star Fleet Inspector General (SFIG), or Inspector General, Star Fleet Security & Investigative Service (SECISIG) may request investigative assistance in writing from the Director-in-Charge (DIC) on a priority basis; all units will, to the extent possible, exchange with the DIC the results of investigative activity when such information impacts the mission and functions of the other; and will report any disagreement regarding the sharing of information or the conduct of a particular investigation to the SECSF for resolution.

Objections to SFSECIS investigations or requests to delay, suspend, or terminate SFSECIS investigations will be subject to the authority of the ranking JAG Military Judge with presiding jurisdiction. SFSECIS will provide to each command, prosecutorial authority, or other appropriate activity a full report of investigation regarding any offenses or incidents investigated that affect that entity unless specific circumstances dictate otherwise, most commonly security clearance.

SFSECIS will maintain a record of disposition of command disciplinary actions or the actions of civilian judicial authorities in investigative reports opened by SFSECIS. The record will include the results of courts-martial, non-judicial punishments, and actions by civilian criminal or civil proceedings, as applicable.

UPDATE HISTORY: SD 3600403 - Created by Michael Dailey