**CHAPTER 400- INVESTIGATIONS**

**(400)-160** **[Technical Investigative Support]{.underline}**

160.1 [Overview.]{.underline}

Special Agents (S/A) and investigative specialists use technical
investigative equipment to perform various investigative and enforcement
functions. This section includes information related to the use of
technical investigative equipment as follows:

-   [Authority for Use](#Authority)

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-   [Types of Equipment](#TypesOfEquipment)

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-   [Management Responsibilities](#ManagementResponsibilities)

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-   [National Technical Services
    Officer](#NationalTechnicalServicesOfficer)

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-   [Acquisition](#Acquisition)

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-   [Control and Loans of Equipment](#Control)

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-   [Documentation of Usage](#Documentation)

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-   [Electronic Tracking Devices](#ElectronicTrackingDevices)

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-   [Video Monitoring](#VideoMonitoring)

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-   [Technical Surveillance and
    Countermeasures](#TechnicalSurveillanceAndCountermeasures)

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-   [Radio Communication](#RadioCommunication)

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-   [Surveillance Platforms and Undercover
    Vehicles](#SurveillancePlatformUCVehicles)

160.1.1 [Acronyms
Table.](../../acronyms-table/acronyms-table.doc#AcronymsTable)

160.2 []{#Authority .anchor}[Authority for Use.]{.underline}

18 U.S.C. §§ 2510 -- 2522 provides the authority for the use of
technical investigative equipment to monitor communications during
investigative and enforcement functions. Permission to use electronic
monitoring equipment is limited to investigations involving alleged
violations within TIGTA\'s jurisdiction.

[The US Attorney General\'s Memorandum of May 30,
2002](http://www.usdoj.gov/olp/lawful.pdf), entitled "Procedures for
Lawful, Warrantless Monitoring of Verbal Communications" updates and
modifies the US Attorney General's Memorandum of January 20, 1998. The
memorandum establishes procedures for intercepting, overhearing,
transmitting, and/or recording of non-telephone conversations, with the
consent of at least one of the parties, e.g. consensual monitoring.

**Note:** Non-consensual monitoring requires a court order pursuant to
Title I of the Electronic Communications Privacy Act of 1986. See
[Section
170.8](../../../../../../../../imds-temp/chapter400-inv/400-170/chapter400-170.doc#Title1Intercepts)
of this Chapter for additional information related to non-consensual
monitoring.

160.3 []{#TypesOfEquipment .anchor}[Types of Equipment.]{.underline}

The following are types of technical investigative equipment:

-   General technical investigative equipment;

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-   Sensitive technical investigative equipment;

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-   Document equipment;

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-   Communications equipment;

-   Accessories, components and supplies; and,

-   Surveillance platforms, e.g. vans and undercover vehicles.

160.3.1 [General Technical Investigative Equipment.]{.underline} General
technical investigative equipment used during investigative and
enforcement functions includes:

-   Standard security cameras or camcorders;

-   Electronic test equipment and power supplies;

-   General use cameras: 35mm, Polaroid, and digital;

-   Optical devices: night vision viewers, binoculars and spotting
    scopes; and,

-   Radio equipment.

**Note:** For firearms, officer safety equipment and ballistic armor,
see [Section
130](../../400-130/chapter400-130.doc#FirearmsAndOfficerSafetyEquip) of
this Chapter.

160.3.2 [Sensitive Technical Investigative Equipment.]{.underline}
Sensitive technical investigative equipment is any specialized device
designed to covertly intercept, or to aid in the interception and/or
recording of telephone, electronic, or oral communications including:

-   Any device, transmitter or microphone used to intercept telephone
    conversations;

-   Concealable or miniaturized audio recorder, radio transmitter, or
    intelligence/recorder kit used to transmit or record a conversation;

-   Amplified line microphone or line driver;

-   Dialed Number Recorders (DNR), also known as pen registers, or
    device designed to intercept telephone signaling data;

-   Equipment used to monitor facsimiles, pagers, computer or cellular
    transmissions;

-   Technical surveillance and counter measure equipment;

-   Radio frequency or Global Positioning System (GPS) tracking systems;

-   Miniature covert video devices and transmission systems; and,

-   Special optical devices and telephotographic systems.

160.3.3 [Document Equipment.]{.underline} Document equipment is used to
support investigations or process evidence, including:

-   Special support computers and printers;

-   Standard format or studio video and various film cameras;

-   Commercial tape recorders, e.g. cassette and digital formats;

-   Audio and video copiers;

-   Projection systems and TV monitors;

-   Courtroom playback devices;

-   Audio and video enhancement equipment;

-   Video editing equipment; and,

-   Transcription accessories.

160.3.4 [Communications Equipment.]{.underline} Communications equipment
consists of two-way radio systems that provide communication during
investigative activities between S/A's and/or other supporting agencies.
This equipment includes:

-   Hand held portables;

-   Mobile radios;

-   Base stations and repeaters, both stationary and portable; and,

-   Consoles, duplexers, antennas and accessories.

160.3.5 [Accessories, Components and Supplies.]{.underline} Accessories,
components and supplies, which supplement investigative, firearms,
officer safety, vehicle, and document equipment are expendable items,
and all purchases must be approved by the Assistant Special
Agent-in-Charge (ASAC)-Technical Services, Technical and Firearms
Support Division (TFSD), using the TIGTA Acquisition Office Request for
Procurement form.

Contact the ASAC-Technical Services in emergency situations.

160.4 []{#ManagementResponsibilities .anchor}[Management
Responsibilities.]{.underline}

Management responsibilities are defined in [CFR Title
41](http://www.access.gpo.gov/nara/cfr/cfr-table-search.html).

The Assistant Inspector General for Investigations (AIGI) (Headquarters
Operations) maintains oversight for accountability, record keeping, and
disposal of TIGTA-Office of Investigations (OI) assets.

See Sections [30.3](../../400-30/chapter400-30.doc#AnnualReports) and
[30.5](../../400-30/chapter400-30.doc#QuarterlyReports) of this Chapter
for detailed instructions on the required reports.

Special Agent-in-Charge (SAC)-Field Division and SAC-Special Inquiries
and Intelligence Division (SIID) approve and submit the following:

-   Annual inventory of investigative equipment on, or before, January
    31.

-   Annual inventory of radio communications equipment on, or before
    January 31.

-   Annual inventory of firearms and body armor on, or before, January
    31.

-   Annual request for new technical equipment on, or before, January
    31.

-   Annual request for firearms and body armor on, or before, January
    31.

160.5 []{#NationalTechnicalServicesOfficer .anchor}[National Technical
Services Officer (NTSO).]{.underline}

The ASAC-Technical Services, directs the Technical Services staff and is
the NTSO.

The NTSO is the TIGTA-OI Survey Officer and develops the policy and
requirements for all general, communications, document, sensitive,
firearms and officer safety-related equipment, as well as surveillance
and undercover vehicles.

160.5.1 [National Technical Services Officer and Staff
Duties.]{.underline}

The NTSO, with the assistance of the staff of Technical Services:

-   Prepares annual and multi-year budgets for firearms, officer safety,
    investigative, and radio communications equipment.

-   Determines equipment needs for the current and following years.

-   Allocates investigative, firearms, officer safety, and radio
    communications equipment to the field divisions based on their needs
    and requests.

-   Assists in undercover operations by providing expertise, equipment
    and personnel.

-   Coordinates procurement programs through Headquarters procurement
    and TIGTA officials involving the use of commercially contracted
    government service credit cards in accordance with treasury and
    federal acquisition regulation procedures.

-   Establishes uniform procedures and guidelines for equipment
    inventory control, assignment, use, and loan.

-   With the approval of the Deputy Inspector General for Investigations
    (DIGI), evaluates and tests new investigative equipment, radio
    communication equipment, and firearms to ensure that any new item
    purchased meets TIGTA\'s investigative needs and standards.

-   Sets training and usage standards for new investigative equipment
    and firearms being added to the inventory.

-   Develops and administers TIGTA contracts for maintaining radio
    communications equipment, investigative equipment, document
    equipment, and firearms.

-   Develops and administers programs to ensure that S/A's and
    investigative specialists who operate and/or install non-telephone
    consensual monitoring equipment are adequately trained, familiar
    with federal law (e.g. Department of Justice (DOJ) guidelines), and
    TIGTA-OI guidelines on intercepting voice communications.

-   Develops and monitors programs, in conjunction with the Division
    Technical Agent (DTA), Technical Services Officer (TSO), and
    Divisional Firearms Coordinator (DFC), to ensure that TIGTA-OI is
    effectively using investigative equipment.

160.5.2 [PARIS Property Module.]{.underline} The Performance and Results
Information System (PARIS) Property Module (PPM) is TIGTA-OI\'s on-line
inventory management reporting system for the following types of
investigative equipment:

-   General;

-   Sensitive;

-   Document;

-   Radio Communications;

-   Firearms; and,

-   Body Armor.

The listing for each piece of equipment contains:

-   Location of the equipment;

-   Name of manufacturer;

-   Model and serial number;

-   Date acquired; and,

-   Cost.

TFSD-Technical Services staff, DTA's, TSO's, and DFC's use PPM to
control inventories.

PPM is the only approved inventory system for TIGTA-OI accountable
property.

160.5.3 [Divisional Technical Agent.]{.underline} The AIGI (Field
Operations) designates a technically trained and qualified S/A or
investigative specialist as the DTA. The DTA is located in a field
office that allows for the coverage of two or more field divisions. The
DTA provides a full range of technical support to field operations and
is covered by a unique position description. To qualify for the DTA
position, an individual must have completed TIGTA-OI Basic Investigative
Equipment Training and the Advanced Technical Training course, or be
scheduled to attend this course, or, an equivalent advanced technical
training program. Due to the extensive responsibilities and staff duties
of this position, DTA's are not assigned an investigative caseload.

DTA's report to the ASAC-Technical Services, at TIGTA Headquarters.

160.5.4 [Divisional Technical Agent Duties.]{.underline}

The DTA:

-   Conducts court authorized or otherwise complex installations of
    covert surveillance systems and devices. [See
    Exhibit(400)-160.1.](../../400-exhibits/exhibit400-160-1.doc)

-   Serves as an adviser to the SAC-Field Division on policies,
    procedures and legal standards in the use of technical equipment.

-   Actively directs and controls the field divisions technical support
    program to ensure that the field division S/A\'s have the technical
    investigative equipment and training required to conduct their
    investigations.

-   Designs and conducts the technical training required in the field
    division and advises and assists with national training programs.

-   Coordinates with the SAC-Field Division in the selection, training
    and certification of a TSO for each of the TIGTA-OI field offices
    assigned sensitive investigative equipment.

-   Maintains the inventory of technical investigative equipment in the
    field and division office, using PPM.

-   Is responsible for the technical planning and equipment support for
    all field office undercover operations. Attends all pre-operational
    meetings for undercover operations.

-   Informs the ASAC-Technical Services, of any discrepancies in the
    inventory.

-   On or before January 31, prepares and forwards the Annual Technical
    Equipment Inventory to the SAC-TFSD, for concurrence and signature.
    This inventory is based on a hands-on reconciliation of each post of
    duty in all assigned field divisions.

-   On or before January 31, prepares and forwards the Annual Request
    for New Technical Equipment to the ASAC-Technical Services.

-   Reviews technical investigative equipment usage entered into PPM for
    completeness and uses the information to determine future needs.

-   Develops and coordinates with management a communication plan for
    the field offices.

-   Request services and supplies using TIGTA Request for Procurement
    form.

160.5.5 [Technical Services Officer]{.underline}. TSO's maintain and
utilize the sensitive technical investigative equipment for their
respective ASAC office. TSO\'s are selected by the SAC-Field Division,
with the recommendation of the DTA. The S/A selected as TSO must
successfully complete TIGTA-OI Basic Investigative Equipment Training
and Advanced Technical Training Course is recommended.

The SAC-SIID selects a TSO for that office. The TSO-SIID must meet the
same qualifications as outlined for TSO\'s in an ASAC office. However,
due to the very sensitive nature of investigations conducted by SIID,
the TSO selected is encouraged to receive specialized training, as
required, to meet unique investigative requirements.

160.5.5.1 [Technical Services Officer Certification.]{.underline} A S/A
must be a TSO to use sensitive investigative equipment. To be certified
as a TSO, S/A\'s must:

-   Receive on-the-job or formal training from the DTA and/or senior
    TSO's, and

-   Attend TIGTA Technical Investigative Equipment Training Course.

Refresher training is offered by either the DTA or Technical Services as
new equipment and technologies are adopted.

**Note:** Training is required to develop and maintain the TSO\'s
expertise and proficiency. TSO's with limited operational opportunities
require training to obtain exposure to proven and updated methods and
new technologies introduced into their inventories by new equipment.

ASAC offices without an assigned TSO should consult with the DTA and
SAC-Field Division in identifying candidates to fill the TSO position.
Candidates should have an interest in technical surveillance operations,
be willing to attend Basic Investigative Equipment Training, and receive
on-the-job training.

160.5.5.2 [Technical Services Officer Duties.]{.underline} TSO's are
responsible for the installation and use of covert surveillance
equipment. TSO's process and ensure proper control of the evidence
obtained through the use of this equipment. In addition, TSO's:

-   Assist DTA's in exercising divisional direction and control over the
    technical equipment program by ensuring the equipment and technical
    resources are maintained and used in a proper manner.

-   Coordinate with ASAC\'s, case S/A\'s and the DTA to provide the
    level of technical support needed for all investigative activities.

-   Enters technical investigative equipment usage, repair, and loan
    information into PPM.

-   Assist in the annual inventory of technical equipment assigned to
    their POD.

ASAC\'s should adjust TSO\'s caseloads commensurate with their
individual technical workloads.

160.6 []{#Acquisition .anchor}[Acquisition.]{.underline}

Headquarters acquires all investigative, document, and communications
equipment, as well as firearms and body armor, in compliance with
procedures established by TIGTA- Office of Management Services (OMS).

The field divisions and SIID must obtain prior approval from the
ASAC-Technical Services, before:

-   Disposing of investigative technical equipment;

-   Borrowing sensitive-type investigative equipment and firearms from
    any outside source; and,

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-   Loaning any TIGTA equipment to another person or agency. See text
    [160.7.9](#EquipmentLoansTechnicalAssistance) of this Section.

**Note**: Acquisitions involving firearms require the additional
approval of the National Firearms Coordinator (NFC). SAC's must submit a
memorandum containing the annual request for purchases of firearms,
officer safety equipment and body armor through their AIGI to the DIGI,
Attention: TFSD-Technical Services, by January 31, to:

-   Request needed items in the priority desired and advise if it is
    either new or replacement;

-   Provide a detailed justification including the post of duty to which
    it will be assigned; and,

-   State that this equipment is necessary to meet their investigative
    and officer safety responsibilities.

If the SAC-Field Division urgently needs firearms, officer safety
equipment or body armor, the SAC should make a priority request to
TFSD-Technical Services using TIGTA Request for Procurement form.

All acquisitions of equipment or firearms must be reported within 30
days by submitting a memorandum to the ASAC-Technical Services. This
memorandum:

-   States the manner and from whom the items were acquired;

-   Identifies the purpose of the acquisition and concurrence by
    Technical Services staff;

-   Transmits a copy of documents transferring ownership;

-   Identifies important data i.e. make, model, serial number, type,
    etc.; and,

-   States the approximate fair market value.

160.7 []{#Control .anchor}[Control and Loans of Equipment.]{.underline}

Only the following personnel are authorized access to technical
investigative equipment:

-   OI Executives;

-   SAC;

-   ASAC;

-   NTSO and Technical Services Staff;

-   DTA; and,

-   TSO.

160.7.1 [Inventory.]{.underline} DTA\'s and DFC\'s conduct a physical
review to reconcile all firearms and investigative, document, and
communications equipment on hand and reported in PPM. This review covers
items that are on hand as of September 30 of that year. See text
[160.4](#ManagementResponsibilities) of this Section.

DTA\'s and DFC\'s review all equipment in their respective inventories
to ensure that such equipment is fully functional and necessary for
supporting field operations.

DTA\'s and DFC\'s should also determine if a sufficient amount of
equipment is on hand to meet the operational needs of their respective
field divisions for the coming year.

DTA\'s and DFC\'s must certify their inventories and submit their
reconciled inventory reports to the ASAC-Technical Services, on or
before January 31.

These inventory reports shall include:

-   Items not accounted for in PPM;

-   New items to be added to PPM;

-   Items containing typographical errors, e.g., serial or model number,
    etc.;

-   Items lost or stolen during the year;

-   Items identified as excess property; and,

-   Items currently on loan to/from another agency or TIGTA field
    office.

160.7.2 [Storage and Security.]{.underline} Store technical
investigative equipment in centralized locations to limit unauthorized
access and facilitate administrative control.

Lock storage areas and account for equipment at all times.

Contact the ASAC-Technical Services for instructions and requirements
for safeguarding TIGTA technical investigative equipment. S/A\'s are
responsible for safeguarding technical investigative equipment issued
for their use.

Contact Technical Services for guidance concerning dedicated security
rooms and/or alarm systems for division offices and posts of duty with
sensitive investigative equipment or large amounts of technical
equipment.

160.7.3 [Locks and Security Containers.]{.underline} Provide
combinations only to those who have a need to have access to the area,
room or container. Do not write the combinations down. Even if the
combination is carried on one\'s person or hidden away, it poses a
security risk.

Control keys and locks even when not in use.

Retain a record of each combination using a Security Containers
Information form (Form 4032). Form 4032 is a three-part form. Enter all
information on Part I, separate parts and attach Part I to the inside of
the container. The combination is recorded on Part II, which is placed
inside Part III and sealed. Specify the classification as
\"unclassified\" on Parts II and III unless national security
information is kept in the container. The Division SAC, or his/her
designee, maintains control over Forms 4032 in a safe in his/her office.
The Form 4032 for each division is maintained by the appropriate AIGI.
The security container in which Forms 4032 are kept must offer at least
the same protection level as that required by the corresponding area or
container that it controls.

Issue keys and/or combinations only to persons having a recurring need
to have access to the area, room or container. Keep the number of
duplicates to a minimum. The officials named above keep one copy of the
key properly identified as to container number, location and activity
with the combination records. Record all keys issued on a Custody
Receipt for Government Property (Form OI 1930).

160.7.4 [Security During Use.]{.underline} Do not leave investigative
equipment or document equipment in unattended automobiles, except when
absolutely necessary or when removal could compromise an investigation.
Always lock the vehicle doors. Store such items in the trunk of an
unattended automobile only for a short period of time.

Do not leave portable radios, cellular telephones and radio control head
microphones in plain sight in an unattended vehicle. Conceal this
equipment from view to prevent theft. Lock portable and easily removed
equipment in the trunk when left in an unattended vehicle.

160.7.5 [Shipment.]{.underline} Ship all technical equipment via
overnight courier, unless otherwise directed by the SAC-TFSD.

When utilizing the Headquarters overnight courier account number,
contact Technical Services for a \"control number\" and instructions
before telephoning the overnight courier for package pickup.

After the package is picked up by the overnight courier, forward the
customer\'s copy of the overnight courier ticket to Technical Services.
Include on the ticket the estimated freight cost and \"control number.\"

Use standard 2-day service for all routine shipments. Use overnight
Priority 1 service only when next-day service is absolutely necessary.

**Note:** Follow field office guidelines if a field office contract with
an overnight courier is used in lieu of the Technical Services\'
national contract.

In all cases where equipment has been lost in shipment, the shipping
office must immediately:

-   Process all claims for reimbursement from the overnight courier.

-   Notify TFSD-Technical Services immediately of the loss, identify the
    equipment and provide the airbill number, indicated on the copy.

160.7.6 [Transfers.]{.underline} When equipment is reassigned to another
post of duty, the responsible \"losing\" DTA or TSO makes the necessary
location changes in PPM. Use a Transfer-Receipt of Personal Property
form (Form OI 1931) signed by both the losing and gaining officials as a
shipping and control document. The DTA's or TSO's at both the losing and
gaining posts of duty check PPM to confirm that the equipment is
properly reassigned.

160.7.7 [Repairs.]{.underline} DTA's must notify TFSD-Technical
Services, utilizing TIGTA Request for Procurement form, when repairs are
required for technical investigative equipment. DFC's notify
TFSD-Technical Services concerning repair of firearms in the same
manner. The Request for Procurement form is used to obtain the required
control number, process the request, and track subsequent expenditures.

**Note:** Failure to obtain a control number prior to having equipment
repaired could subject the employee to responsibility for payment of the
unauthorized services/procurement.

160.7.7.1 [Repair Letters.]{.underline} Prepare a letter requesting the
repairs before transmitting the equipment to the vendor. Enclose the
letter with the equipment to be repaired. Retain a copy of this letter
until the item is returned.

The letter shall include the control number provided by TFSD personnel
covering the repair. The letter should carefully set forth the make,
model, and serial number of the equipment. Describe the suspected
service problem, request an estimate of charges, and state that TFSD
personnel must approve the estimate before any work is performed.

Upon receipt of the vendor\'s estimate, TFSD personnel will authorize
the vendor to proceed with repairs.

The letter shall advise the vendor that upon approval of this estimate
and completion of the work, all invoices should be directed to:

> TIGTA -- TFSD-Technical Services
>
> 1739 H Brightseat Road
>
> Landover, MD 20785

When the repaired item is returned, initial the packing slip to certify
that the repairs were properly completed. Fax this packing slip to TFSD
personnel in accordance with OMS procedures.

Notify Technical Services of delays or difficulties with repair service
providers.

160.7.8 [Emergency Repairs.]{.underline} When there is an immediate need
for repairs or service due to an on-going investigation and there is
insufficient time to utilize a designated service facility, contact
TFSD-Technical Services. Emergency repairs are generally limited to
\$500 per unit.

160.7.9 []{#EquipmentLoansTechnicalAssistance .anchor}[Equipment Loans
and Technical Assistance.]{.underline} The SAC-TFSD is the approving
authority for loans of sensitive investigative equipment and firearms
to/from another law enforcement agency. The SAC-TFSD also approves each
request for technical assistance to other law enforcement agencies in
support of the loaning of equipment. Technical assistance is defined as
instruction in the operation of the equipment and/or assistance in the
actual installation of the equipment. The person requesting a loan of
equipment shall provide a letter from their agency setting forth the
following:

-   Operational requirement for loan;

-   Duration of proposed loan; and,

-   Technical assistance required, if applicable.

**Note:** TIGTA technical personnel, TSO's, DTA's, and Investigative
Specialists, may provide preliminary assistance to other law enforcement
agencies with regard to the basic operating features of equipment
loaned. The actual [operation]{.underline} of equipment loaned to
another agency is not permitted, except as specifically authorized by
the AIGI (Headquarters Operations). Investigations in which TIGTA-OI is
a joint participant do not require the AIGI (Headquarters Operations)
approval for the loaning of equipment and related technical support.

Once approved, the DTA's and DFC's, or TSO's must complete an Equipment
Use Agreement and Assumption Liability form (Form OI 8460) to document
all equipment loans. The SAC-TFSD must approve the loan of sensitive
electronic equipment or firearms by signing the form. The authority to
loan other equipment may be re-delegated. [See
Exhibit(400)-160.2](../../400-exhibits/exhibit400-160-2.doc) for sample
Form OI 8460.

**Note:** Failure to obtain approval may subject the TIGTA employee who
releases the equipment to criminal and civil charges without the
protection provided under the Federal Tort Claims Act*.*

Keep the original Form OI 8460 at the "loaning office." DTA\'s enter the
technical investigative equipment loaned into PPM.

160.7.10 [Disposal.]{.underline} The DIGI has the final authority over
the disposal, whether by excess, transfer, survey, etc., of all
firearms, communications, document and investigative equipment. The DIGI
designates the SAC and ASAC-TFSD, as approving officials for disposing
of firearms, communications, document, and investigative equipment.
These individuals ensure that all such transactions are in the best
interest of TIGTA and conform to all federal property management
regulations. The following matrix summarizes the process for disposing
of various types of equipment:

**Disposal Matrix for Equipment**

**Equipment Disposal Approving Remarks**

**Classification Form(s) Official**

Accessories, SF-120 (Excess) ASAC Items not in PPM

Components, SF-122 (Transfer) Technical Services

Supplies

Communications SF-120 (Excess) ASAC TIGTA propriety

SF-122 (Transfer) Technical Services radio frequencies

removed

Document SF-120 (Excess) ASAC

SF-122 (Transfer) Technical Services

Firearms SF-120 (Excess) SAC-TFSD Firearms for excess

SF-122 (Transfer) are physically

destroyed

General Investigative SF-120 (Excess) ASAC

SF-122 (Transfer) Technical Services

Sensitive SF-120 (Excess) SAC-TFSD TIGTA proprietary

SF-122 (Transfer) radio frequencies

removed

Surveillance Platforms SF-120 (Excess) ASAC Follow guidelines in

Undercover Vehicles SF-122 (Transfer) Technical Services Section 110 of
this

SF-126 (Vehicle) Chapter for transfer

of GOV

Firearms, communications, document and investigative equipment which no
longer fulfill the mission of supporting TIGTA field investigations,
that, due to obsolescence, cost-to repair factors, or other factors
which render such equipment unsuitable for the investigative support
mission, must be disposed of utilizing the following procedures:

-   The most cost-effective manner of disposing of equipment is through
    your local General Services Administration (GSA) property manager.
    The vehicle for identifying and reporting excess equipment is
    entitled Report of Excess Personal Property (SF-120). These forms
    are available electronically through [GSA's
    website](http://www.fillform.gsa.gov/). If you are unable to access
    the forms electronically, call either your local GSA property office
    or TFSD-Technical Services and request hard copy forms. Should you
    need additional space for listing equipment, there is a continuation
    sheet bearing the designation SF-120-A. Instructions for completing
    form SF-120 are available either from the GSA website, or through
    TFSD-Technical Services.

-   Completed Forms SF-120 should be sent to the SAC-TFSD, or the
    ASAC-Technical Services, as appropriate, for review and approval.
    Once approved, the SF-120 will be sent to the originator for
    follow-up with GSA and final disposition of the items listed.

-   DTA\'s and TSO\'s will report equipment suitable for redeployment or
    transfer on Form OI 1931. To begin the redeployment process, send
    the completed Form OI 1931 to the Equipment Specialist, Technical
    Services. The Equipment Specialist will evaluate the equipment and
    render a decision as to where it will be redeployed.
    [Do]{.underline} [not]{.underline} forward any equipment to the
    Brightseat Road facility until advised to do so by the Equipment
    Specialist, Technical Services. In certain instances, the Equipment
    Specialist, Technical Services, in consultation with the DTA's, may
    determine that obsolete equipment in TIGTA's inventory might be
    useful to another federal agency. With the concurrence of the
    ASAC-Technical Services, such equipment may be listed on a Transfer
    Order Excess Personal Property form (SF-122) and conveyed directly
    to another federal agency.

Report any lost, stolen, or damaged property in a memorandum from the
SAC to the SAC-TFSD.

See [Section
130.11.1](../../400-130/chapter400-130.doc#DestructionOfFirearms) of
this Chapter for instructions on destroying excess or unserviceable
firearms.

**Note:** Firearms, ammunition and other government property may not be
used as exchange/sale property. See [FMR
101-42.1102-10](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=41&PART=101-42&SECTION=1102-10&YEAR=2000&TYPE=TEXT).

160.7.11 [Coordination with Headquarters Technical Services and
GSA.]{.underline} DTA\'s and TSO\'s work with TFSD-Technical Services
and GSA Regional Offices to secure:

-   Assistance in disposing of excess (i.e., surplus) investigative and
    document equipment.

-   Leasing of facilities, telephone lines, and equipment necessary for
    the installation and operation of TIGTA radio equipment.

160.8 []{#Documentation .anchor}[Documentation of Usage.]{.underline}

DTA\'s, TSO\'s, and investigative specialists account for the use,
repair, and loan of technical investigative equipment in PPM. All
equipment issued for investigative and training purposes, repaired, or
loaned to another agency must be entered into PPM.

160.9 []{#ElectronicTrackingDevices .anchor}[Electronic Tracking
Devices.]{.underline}

TIGTA utilizes two types of electronic tracking devices in support of
field investigations:

-   Radio Frequency devices employ a series of tones and pulses useful
    for directional real-time tracking of packages or vehicles.

-   Global Positioning System (GPS) devices employ satellite telemetry
    and mapping software to locate the precise longitude and latitude of
    packages or vehicles in both historical and real-time perspectives.

Use of electronic tracking device requires appropriate legal approvals,
administrative authorizations, and assistance from DTA\'s and
TFSD-Technical Services.

160.9.1 [Electronic Tracking Device Authorizations.]{.underline} In most
instances, when TIGTA does not have the consent of the person who is the
owner of the property or vehicle, a court order authorizing installation
and use of tracking device is required. S/A's must discuss the specific
legal requirements of the proposed installation with a local Assistant
U.S. Attorney (AUSA) prior to utilizing this technique. The installation
and use of tracking devices is covered under [Rule
41](http://www.law.cornell.edu/rules/frcrmp/Rule41.htm) of the Federal
Rules of Criminal Procedure and specifically pursuant to [18 U.S.C. §
3117](http://www4.law.cornell.edu/uscode/18/3117.html), Mobile Tracking
Devices.

In most instances, no court order is required if the following
conditions are met:

-   No trespass is required to install the device;

-   No power is taken from the vehicle; and,

-   The tracking data recorded is *historical,* not *real-time.*

**Note:** Certain GPS tracking devices are capable of audio and video
recording and may require a Title I court order. Again, S/A\'s must
discuss use of this technique with a local AUSA and document the
discussion and decision in the case file. See Section 170.8 for
additional information related to Title I intercepts.

The use of electronic tracking devices must be approved by the SAC-Field
Division. To obtain such approval, the S/A will prepare a memorandum to
the SAC outlining the proposed use of an electronic tracking device,
costs associated with operation of the device, and other resources
required to track the target package or vehicle. The memorandum must
include the following information:

-   Case name and number;

-   Complete description of target package or vehicle;

-   Proposed duration of tracking;

-   Results of initial conference with AUSA;

-   Justification for use of electronic tracking device; and,

-   Proposed surveillance plan.

The S/A will retain the original request in the case file and forward
copies to the ASAC-Technical Services and the assisting DTA.

In urgent cases, approval to use an electronic tracking device may be
made by telephone. This must be followed as soon as possible by written
documentation as previously described.

S/A\'s should begin the process of requesting use of an electronic
tracking device by consulting with the DTA assigned to their division.
The DTA will assist the S/A in gathering certain technical information,
planning the installation of equipment, projecting costs and formulating
a proposed surveillance plan.

160.9.2 [Court Approval of Electronic Tracking Device
Procedures.]{.underline} The S/A must contact the local AUSA to obtain
advice concerning the legal authorization required to utilize this
technique. If a court order is required, the S/A must prepare an
affidavit in support of the court order containing the following three
critical elements:

-   A recitation of the probable cause leading the affiant to believe
    the property or vehicle will be used in furtherance of a crime in
    violation of federal laws investigated by TIGTA;

-   An explanation of how the success of the surveillance depends upon
    the tracking device; and,

-   Authorization to access the property or vehicle to install and
    remove the tracking device.

The duration of a court order authorizing installation of a tracking
device is 45 days and requests for extension may be made. It is
recommended that such court orders be "sealed," when possible, to
preserve the integrity of the investigation.

160.9.3 [Electronic Tracking Device Installation and
Operation.]{.underline} Upon notification that a tracking request has
been approved by the SAC (and the court, if required), the DTA assigned
will:

-   Determine the method of installation;

-   Coordinate the cover team during installation of equipment on
    vehicles;

-   Operate and maintain the monitoring location and equipment; and,

-   Provide technical advice to the case S/A, management, and the AUSA.

The S/A requesting use of a GPS tracking device:

-   Preserves all evidence produced by the GPS mapping software;

-   Maintains surveillance logs; and,

-   Coordinates surveillance teams when required.

160.9.4 [Consensual Use of Electronic Tracking Devices.]{.underline} In
cases where the owner of property has given permission for the
installation of an electronic tracking device, follow all the
requirements for requesting approval, with the exception of obtaining a
court order. Document the owner's consent in writing and ensure that the
consenting party is lawfully authorized to give consent.

**Note:** Tracking of a government owned vehicle (GOV) may involve
issues related to "reasonable expectation of privacy." S/A\'s must
consult with a local AUSA prior to such installation.

For the safety and protection of the undercover S/A\'s, use of tracking
devices on undercover vehicles is an option that should be discussed in
all undercover Pre-operational Meetings (PROM). This is considered a
consensual use of an electronic tracking device and requires no court
order.

160.9.5 [Recording Information in PARIS.]{.underline} Information
related to the use of this investigative technique must be properly
captured in PARIS. To do so, in the PARIS Investigation screen, select
the "22 -- Tech Support -- TSO/DTA Assistance" code from the Specialized
Techniques/ Equipment pull-down menu within the Interview and
Investigative Techniques Section.

160.10 []{#VideoMonitoring .anchor}[Video Monitoring.]{.underline} Video
monitoring and recording is an effective tool in gathering evidence of
criminal activity and administrative misconduct. The use of closed
circuit television (CCTV) and/or video equipment for monitoring and
recording activities may raise legal issues regarding a subject\'s
reasonable expectation of privacy and is governed by the Fourth
Amendment. When a reasonable expectation of privacy exists, a search
warrant should be sought pursuant to [Rule
41(b)](http://www.law.cornell.edu/rules/frcrmp/Rule41.htm) of the
Federal Rules of Criminal Procedure, and the All Writs Act (28 U.S.C. §
1651). S/A\'s should be guided by the opinion of a local AUSA or
appropriate DOJ attorney concerning the use of such video monitoring.

See [Section
140.8](../../../../../../../../I:/chapter400-inv/400-140/chapter400-140.doc#PhysicalSurveillance)
for additional information related to conducting physical surveillance.

160.10.1 [Video Surveillance of Public View Areas.]{.underline} Use of a
video camera to observe activity that is viewable by the public (either
because members of the public can lawfully access the area where this
activity occurs or can see the activity from a lawful vantage point)
does not generally constitute an intrusion into a constitutionally
protected private interest. A warrant is generally not required to
visually record activities that occur in publicly accessible areas such
as public parks, sidewalks, streets, open fields, and other areas
outside the curtilage of a house that is commonly accessible to the
public.

S/A's may, without a search warrant, use video surveillance to assist
them in observing certain areas even when the areas are within the
curtilage of a house if others can observe these same areas from a place
they are lawfully entitled to be, such as from the street, sidewalk, or
an open field. This would include unobstructed video surveillance of
driveways, front doorways, and yards of businesses or houses.

Special rules apply to the video surveillance of the workplace. In
general, video surveillance of an area of the workplace that is
accessible and viewable by others during work hours may be done without
a search warrant. Video surveillance of employee work areas that are not
publicly accessible or viewable usually may not be undertaken without a
search warrant. The local AUSA or appropriate DOJ attorney should be
consulted prior to conducting video surveillance when there is any
question whether a particular area is publicly accessible.

A search warrant is required to obtain video evidence that cannot be
observed from a public place with the un-aided eye. If video
surveillance utilizing sense enhancing technology is contemplated, the
local AUSA or appropriate DOJ attorney should be consulted prior to the
using this technique.

160.10.2 [Public Areas Entitled to Fourth Amendment
Protection.]{.underline} Video surveillance into public areas, such as a
rest room, where one would reasonably expect his/her actions to be
private must comply with Fourth Amendment standards and may require a
warrant.

160.10.3 [Video Surveillance When Consenting Party is
Present.]{.underline} S/A's may observe and record (video) private
meetings between undercover (UC) officer(s) or cooperating witness(es)
and subjects if the premises are controlled by the S/A or witness.

160.10.4 [Court Orders for Video Surveillance.]{.underline} If a court
order is required due to the place to be surveilled, the pleadings are
to be based on [Rule
41(b)](http://www.law.cornell.edu/rules/frcrmp/Rule41.htm) of the
Federal Rules of Criminal Procedure and the All Writs Act (28 U.S.C. §
1651). The courts of appeals in six federal circuits, while recognizing
that video surveillance does not fall within the letter of Title I,
require that applications to use video surveillance of suspected
criminal activities meet most of the higher constitutional standards
required under Title I (e.g., necessity and minimization). Therefore,
the application and order should be based on an affidavit that
establishes probable cause to believe that evidence of a federal crime
will be obtained by the surveillance, and should also include:

-   A statement indicating that normal investigative procedures have
    been tried and failed or reasonably appear to be unlikely to succeed
    if tried or are too dangerous;

-   A detailed description of the premises to be surveilled;

-   The names of the persons to be surveilled, if known;

-   A statement of the steps to be taken to ensure that the surveillance
    will be minimized to effectuate only the purposes for which the
    order is issued; and,

-   A statement of the duration of the order, which shall not be longer
    than necessary to achieve the objective of the authorization nor, in
    any event, longer than 30 days, measured from the date of the order
    (without any 10-day grace period to begin interception, but with
    30-day extension periods possible)

160.10.5 [Interception of Oral Communications.]{.underline} When an S/A
wants to intercept oral communications as well as video images within
the same target premises, a Title I court order is required without the
consent of one of the persons. See Section 170 for additional
information related to consensual monitoring. The S/A may use the same
affidavit to establish probable cause for the use of the microphone and
the camera. Separate applications and orders, however, should be filed
for each type of interception because each may be governed by a
different standard, and the pleadings should reflect this difference.
See [Section
170.8](../../../../../../../../I:/chapter400-inv/400-170/chapter400-170.doc#Title1Intercepts)
for additional information related to Title I intercepts.

160.10.6 [Installation and Operation of Video Monitoring
Equipment.]{.underline} DTA\'s are trained in the installation and
operation of a wide variety of specialized video equipment. S/A\'s
should contact their DTA for assistance. Installation of "pole cameras"
and similar specialized video systems require extensive planning and
"lead time." S/A\'s should involve the DTA early in the planning process
to ensure adequate technical investigative support.

160.10.7 [Recording Information in PARIS.]{.underline} Information
related to the use of this investigative technique must be properly
captured in PARIS. To do so, in the PARIS Investigation screen, select
the "1 -- Monitoring -- Video/Photography" code from the Specialized
Techniques/ Equipment pull-down menu within the Interview and
Investigative Techniques Section.

160.11 []{#TechnicalSurveillanceAndCountermeasures .anchor}[Technical
Surveillance and Countermeasures (TSCM).]{.underline}

TSCM\'s are conducted by qualified personnel to detect the presence of
surreptitious surveillance devices. TSCM operations examine the
integrity of telephone systems, office/home furnishings, and structural
elements of a facility in order to detect the presence of active/passive
surveillance devices.

TSCM\'s should be requested when penetration of a TIGTA or Internal
Revenue Service (IRS) facility containing sensitive information is
suspected. TSCM\'s may also be appropriate to assess the vulnerability
of key operational areas, e.g., office facilities, grand jury rooms,
undercover apartments, etc. and to protect TIGTA's proprietary interests
contained in those areas.

160.11.1 [Technical Surveillance and Countermeasures
Authorization.]{.underline} **LEGAL:** Generally, facilities subject to
TSCM examination are under the control of a US Government agency: TIGTA
or the IRS. On occasion, TIGTA and/or IRS employees are provided work
space in taxpayers' offices while conducting audits and other
activities. In such situations, a TSCM operation may be limited to the
immediate interior space occupied by TIGTA/IRS personnel. The opinion of
a local AUSA should be solicited if the location of the proposed TSCM is
not owned or under the control of the United States Government. Prior to
all TSCM requests, the SAC should consult with TIGTA Counsel, as
appropriate.

**ADMINISTRATIVE:** The AIGI (Headquarters Operations) authorizes
requests for, and provides the resources necessary to accomplish a TSCM.

160.11.2 [Technical Surveillance and Countermeasures
Procedures.]{.underline} SAC's request TSCM services through a
memorandum to the AIGI (Headquarters Operations). Field division SACs
will request TSCM services through the AIGI (Field Operations) to the
AIGI (Headquarters Operations). Approved requests are forwarded to the
SAC-TFSD for assignment to the Technical Services. The ASAC-Technical
Services then coordinates the TSCM operation with the requestor.

The ASAC-Technical Services is responsible for coordinating and
completing all TSCM services. The ASAC-Technical Services will ensure
that the proper equipment is made available and that the proper
personnel are assigned to conduct the TSCM.

If a request for TSCM services involves a facility where a computer
intrusion is suspected, the ASAC-Technical Services will coordinate with
the SAC-Strategic Enforcement Division (SED) regarding the utilization
of a Computer Investigative Support (CIS) agent to assist in the TSCM
operation.

**Note:** Care should be taken not to discuss the TSCM in proximity to
the location of the proposed place to be examined, since this might
compromise the integrity of the TSCM.

160.11.3 [Technical Surveillance and Countermeasures
Training.]{.underline} DTA\'s and investigative specialists shall
receive appropriate technical surveillance countermeasures training at a
facility designated by the ASAC-Technical Services. The ASAC-Technical
Services will ensure that DTA\'s and investigative specialists maintain
proficiency in the use of TSCM equipment and techniques through
participation in periodic training programs.

Only trained DTA\'s and investigative specialists may conduct TSCM\'s.

160.11.4 [Technical Surveillance and Countermeasures-Technical Security
Survey Report.]{.underline} Technical Services will prepare a memorandum
reporting the results of the TSCM operation. This memorandum will be
forwarded back to the requesting SAC, through the AIGI (Headquarters
Operations) and the SAC's AIGI.

160.11.5 [Recording Information in PARIS.]{.underline} Information
related to the use of this investigative technique must be properly
captured in PARIS. To do so, in the PARIS Investigation screen, select
the "27 -- Tech Support -- Electronic Sweep" code from the Specialized
Techniques/ Equipment pull-down menu within the Interview and
Investigative Techniques Section.

160.12 []{#RadioCommunication .anchor}[Radio Communication.]{.underline}

Radio installations, maintenance, repairs, removals, antennas or
accessories, require approval from TFSD-Technical Services. Submit a
completed TIGTA Request for Procurement form to TFSD.

The removal or installation of mobile, base, repeater, or station
equipment must be scheduled by the field office TSO, through use of a
TIGTA Request for Procurement form.

TIGTA is assigned propriety radio frequencies which are administered by
the Radio Communications Specialist at Technical Services. The Radio
Communications Specialist must authorize all changes to channel plans,
inter-agency frequency agreements, and encryption schemes.

Subject to vehicle design, care should be taken to mount mobile radio
units and related controls from public view.

Disguised mobile radio antennas are to be mounted on enforcement
vehicles in such a manner as to yield optimum performance of the radio
while minimizing the antenna profile. A solid "ground plane" is
essential for efficient output of radio signals.

Be aware that equipment is readily available to the general public that
is capable of monitoring two-way radio transmissions, cellular telephone
calls, and detecting surveillance transmitters. Due to the availability
and low cost of this equipment, never assume that radio transmissions
are secure. **S/A\'s must not communicate investigative information
unless operating in a secure, encrypted mode.**

TIGTA employs "plain English" speech for communicating over its two-way
radio system. Use of "10-codes," while convenient in dispatch
operations, has the limitation of being interpreted differently from one
agency to another.

160.12.1 []{#MotorolaEquipmentRepair .anchor}[Motorola Equipment
Repair.]{.underline} Prior to having any Motorola equipment repaired or
serviced, TSO's must prepare a TIGTA Request for Procurement form and
submit to the ASAC-TFSD, Technical Services for approval. Once approved,
the ASAC-TFSD, Technical Services, must forward the Request for
Procurement form to the "\*TIGTA Procurement Requests" email box for
processing.

The TSO will receive a task order number to process the radio repair or
service. Upon issuance of the task order number, contact the local
Motorola repair service to schedule the required repair. Ensure that the
task order number and point of contact telephone number is given to the
local Motorola repair service for prompt payment through TIGTA
TFSD-Technical Services.

If additional repair or service, above the initial work order, is
required and the cost is over \$100, the ASAC-TFSD, Technical Services
must approve the additional repair or service before the repair or
service can be completed and approved for payment.

When the repair or service has been properly completed, the TSO will
initial the receipt and mail to:

> TIGTA -- TFSD-Technical Services
>
> 1739-H Brightseat Road
>
> Landover, MD 20785

160.12.2 [Base Stations and Repeaters.]{.underline} TFSD-Technical
Services must approve the installation and/or relocation of a radio base
station or repeater. Do not make site lease arrangements or
cancellations without such approval. This applies to permanent
installations as well as those intended for indefinite periods of use.
It does not apply to equipment intended for emergency communications for
short periods, such as observation posts, etc. Contact the Radio
Communications Specialist, TFSD-Technical Services, for assistance.

Include the following information in the request for approval:

-   Exact address of radio equipment;

-   Type of site, i.e. tower, building;

-   Geographical coordinates, e.g. latitude and longitude;

-   Elevation above sea level;

-   Antenna elevation above ground level;

-   Names of other equipment users at the same site, and frequencies, if
    possible;

-   Name of property owner;

-   Site rental cost;

-   Availability of power and telephone lines;

-   Availability of installation and servicing;

-   Housing or protection of equipment;

-   Number of mobile radio stations at post of duty;

-   Number of portable radios; and,

-   Installing radio shop.

160.13 []{#SurveillancePlatformUCVehicles .anchor}[Surveillance
Platforms and Undercover Vehicles.]{.underline}

TFSD-Technical Services manages a fleet of surveillance and undercover
vehicles consistent with its mission of supporting field investigations.
Surveillance platforms, i.e. vans, are generally equipped with a variety
of audio, video and communications equipment necessary to gather
evidence in remote or mobile situations. Undercover vehicles are
generally equipped with covert audio and video devices to gather
evidence in the presence of an undercover agent.

Ordinarily, a surveillance platform is assigned by TFSD-Technical
Services to each field division for deployment within that field
division by a qualified TSO. Under certain circumstances, a field
division may be assigned an additional surveillance platform based upon
investigative workload or geographic span. The ASAC-Technical Services,
works with SAC-Field Division to address suitable deployment of
surveillance platforms. Additionally, a surveillance platform is
maintained by each DTA for deployment in the field divisions served by
that DTA.

DTA\'s and TSO\'s assigned a surveillance platform and/or undercover
vehicles will:

-   Ensure that the vehicles are in operational condition at all times;

-   Ensure that technical and communications equipment is properly
    maintained and in operational condition at all times; and,

-   Arrange for secure storage of vehicles, ideally in a location
    removed from view of IRS employees and other potential subjects of
    investigation.

Repairs and maintenance of surveillance platforms and undercover
vehicles are the responsibility of the division to which they are
assigned. Repairs and maintenance of equipment installed in the vehicles
are the responsibility of TFSD-Technical Services, and should be handled
in accordance with procedures outlined in text
[160.12.1](#MotorolaEquipmentRepair) of this Section.

Information related to the use of this investigative technique must be
properly captured in PARIS. To do so, in the PARIS Investigation screen,
select the "6 -- Monitoring -- Surveillance Van" code from the
Specialized Techniques/ Equipment pull-down menu within the Interview
and Investigative Techniques Section.