NCIS Investigation Survival Guide - Korody Law, P.A. (2024)

How do I know if I am under investigation by NCIS?

NCIS likes to keep the fact that they are investigating you quiet for as long as possible! There is no notification that is required to be made to a person under investigation by NCIS – NCIS refers to this person as the “subject” of the investigation. You may find out that you are the subject of a NCIS investigation from a friend or associate that is contacted by NCIS and, even though he or she is told by NCIS not to inform you of the investigation, does so anyway. If you are given a military protective order (MPO) or placed on restriction or in pretrial confinement by the military, you can be pretty confident you are under investigation by NCIS. If you become aware of an allegation made against you that has been reported to NCIS directly or via your command regarding a sex offense or felony type offense, NCIS is investigating you.

Most Sailors and Marines find out they are under investigation by NCIS when they are ordered to report to the NCIS office at a specific time, normally under escort by another member of the command.

What happens when I report to NCIS?

Having worked for NCIS and worked closely with them as a Navy prosecutor and defense attorney, I can tell you that NCIS loves to put subjects on ice before interviewing them. They generally do this by having them wait in the NCIS office waiting room for 30 to 60 minutes. Keep in mind that you are being monitored by video and audio while in the waiting room. The agents then normally reappear from behind closed doors, apologize for the wait (acting as if they preoccupied with matters of national security), and, before escorting you back to the interview room, will ask the subject to remove everything from his or her pockets and conduct a pat-down for contraband or weapons.

They may have you lock your phone and other valuables, with the exception of your military ID, in a locker in the waiting room.

What happens during a NCIS interview?

First, you will be in a small interview room. Everything is being audio and video recorded – look around and you’ll see a switch or smoke detector or box that doesn’t look right.

NCIS will try build a rapport with you – small talk. Then an agent (there are normally two in the room – a primary interviewer and a note-taker) will complete a biographical information sheet, including asking questions about your military career and security clearance. Next, one of the NCIS agents will produce an Article 31b, UCMJ Suspects Rights Advisem*nt Form.The form will look like this.

Article 31b, UCMJ has a unique requirement with no civilian counterpart – when advising you of your rights, NCIS has to inform you of the offense that they suspect you have committed. Unfortunately, this is an area litigated often in court because NCIS may just write “Article 120, UCMJ” on the form, and Article 120 contains a dozen different sex offenses. Moreover, they won’t tell you the date of the alleged offense or who the complaining victim is. When you ask, they will tell you that they have to go through the rights before they can tell you the details.

Next, the NCIS agent will go through the rights and ask the subject to acknowledge each right by initialing next to it. The NCIS agent will then ask the subject to read the last paragraph aloud and sign and date below it.The trick is that the last paragraph is the actual waiver of these IMPORTANT constitutional and statutory rights!

Should I waive my Article 31b, UCMJ rights and speak to NCIS?

Unless you have spoken to an experienced military law attorney and discussed whether it is in your best interests, and that attorney is present with you during the interview,you should never speak to NCIS investigators.

NCIS agents are trained interrogators. They use a variety of interrogation tools to obtain confessions and admissions of conduct corroborating a crime. Though the agent will tell you they “just want to hear your side of the story” and if you don’t talk to them “your command won’t know what really happened,” NCIS is a federal law enforcement agency tasked with investigating crimes and referring crimes for prosecution.

Don’t speak to NCIS. Instead invoke all of the rights on the rights advisem*nt:

  • Remain silent
  • Request a lawyer be present
  • Terminate the interview and request to leave NCIS

Once you leave NCIS, you need to immediately contact an experienced military lawyer. Being investigated by NCIS is a serious matter and normally results in court-martial charges. A military law lawyer can also assist in revoking any consent that you gave to searching your property or body.

Shouldn’t I speak with NCIS to explain my side of the story?

The answer is generally “no.” However, once you have retained an experienced military law lawyer, you and that lawyer can make an educated, informed decision as to whether you should speak to NCIS in the presence of your lawyer. Often, military law lawyers can obtain information about the allegation and investigation from NCIS or command leadership to determine if it is in the subject’s best interests to reengage with NCIS and provide a statement.

Moreover, Sailors and Marines that think they can talk their way out of a NCIS investigation normally end up making some type of false statement or admitting to collateral misconduct. And though they may ultimately be innocent of the conduct NCIS was initially investigating, they now have a false statement charge and new charges to deal with.

Can NCIS still ask me to search my car, home, phone, or computer if I invoked my right to remain silent?

Generally, yes. NCIS can ask to search your car, your house, your phone, or any other property you possess. The NCIS agent may ask if you consent to give a DNA sample (or they make take a sample if you are being arrested, regardless of your consent). NCIS agents often ask to search smartphones and will ask for the password the phone. They may show youa form like this NCIS consent to search form.

First, do not ever consent to a search of your property or body. Second, be sure to ask for a lawyer when you invoke your rights because the current status of the law provides that a request for a lawyer also impacts the abilityof law enforcement to obtain consent to search.

Finally, if NCIS tells you that they have a search warrant or search authorization to search your property or body, ask them to provide you a copy of it so you can review it and take it with you to provide your attorney.

If the NCIS agent tells that if you do not consent they will go to your command and get a search authorization, still do not consent! Make the agent go through the effort of getting a search authorization. A search authorization can be challenged in court. It is very difficult to challenge a search conducted pursuant to consent.

What happens once I am released from NCIS?

Your command representative will escort you out. Depending on severity of the allegation, you could be placed in pretrial restraint including restriction or the brig. You may be simply released to go home or back to the barracks.

Be sure not to make any statements to your escort, the chain of command, friends, and definitely no online posts. You should immediately contact an experienced military law attorney.

NCIS Investigation Survival Guide - Korody Law, P.A. (2024)


How do you know of NCIS is investigating you? ›

If you become aware of an allegation made against you that has been reported to NCIS directly or via your command regarding a sex offense or felony type offense, NCIS is investigating you.

What crimes does NCIS investigate? ›

routinely investigating the crimes of homicide, rape, sexual assault, child physical and sexual abuse, burglary and robbery, larceny of government and personal property, and aggravated assault.” Other core mission areas include economic crimes, cyber, and counterterrorism.

Do I have to talk to NCIS? ›

You cannot be compelled or forced to talk to CID, NCIS, OSI, CGIS, or any other military law enforcement person about an alleged crime involving a family member. It doesn't matter whether you are in the military yourself.

How long does NCIS take to investigate? ›

Typically, an investigation will take 6-8 months, but this does vary greatly, for a variety of reasons. Anyone who is the subject of an NCIS investigation should proceed with caution. Before doing anything, including talking with NCIS, the subject of an NCIS investigation should consult with a military lawyer.

What is Rule 44 on NCIS? ›

Gibbs' Rule #44: First things first, hide the women and children. First mentioned in "Patriot Down" (Episode 23, Season 7).

What does NCIS have jurisdiction over? ›

Within the Department of the Navy, the Naval Criminal Investigative Service is the civilian federal law enforcement agency uniquely responsible for investigating felony crime, preventing terrorism and protecting secrets for the Navy and Marine Corps.

What authority do NCIS agents have? ›

NCIS Special Agents are authorized by law to conduct arrests of military members and civilians alike, both on and off military installations. Special Agents are subject to medical standards.

Does NCIS use real cases? ›

The shows are a composite of real life, not documentaries. While Hollywood does intersect with its real-world counterpart in some ways, there are differences, including the types of crimes the real NCIS—not to be confused with the reel “NCIS”—covers and its role in an investigation.

Is NCIS a part of the CIA? ›

NCIS is the primary federal law-enforcement agency of the United States Department of the Navy, which investigates criminal activities (e.g. deaths, force protection, treason, etc.) involving the United States Navy and United States Marine Corps and their families.

Is NCIS a law enforcement? ›

The Naval Criminal Investigative Service (NCIS) is a special law enforcement agency created by the Navy and Marine corps. Though their official purpose is to protect the United States Navy and Marine corps, NCIS agents do not have to be enlisted service members.

Does NCIS require polygraph? ›

Upon successful completion of the Interview Panel Phase, applicants will be scheduled for a pre-employment polygraph examination. Applicants must successfully pass the pre-employment polygraph examination.

What is rule 22 on NCIS? ›

Gibbs' Rule #22: Never, ever bother Gibbs in interrogation.

What does Rule 11 mean on NCIS? ›

Gibbs' Rule #11: When the job is done, walk away.

First mentioned in "Semper Fidelis" (Episode 24, Season 6).

What branch of military does NCIS investigate? ›

Felony criminal investigations are the cornerstone of the NCIS mission. NCIS is the investigative entity within the Department of the Navy (DON) responsible for major criminal investigations involving Navy and USMC equities, service members, and affiliated civilian personnel.

What is Rule 70 on NCIS? ›

Timothy McGee : Rule Number 70: Keep digging 'til you hit bottom.

What is Gibbs Rule 69? ›

Gibbs seems to use rules 51 and over for his personal life. They seem to be made up on the spot, and as normal, the rules are not necessarily in order. Rule #51: "Sometimes you're wrong." Rule #69: "Never trust a woman who doesn't trust her man."

What is Rule 72 NCIS? ›

“Rule 72: Always be open to new ideas.” Noting the rule, Jane asked, “What does that mean?” — to which Maggie shrugged, “Oh, I don't know. He has dozens of them. But he's good people, and he can get you set up at FLETC.”

How much do NCIS agents make? ›

The estimated total pay for a Special Agent at NCIS is $122,398 per year. This number represents the median, which is the midpoint of the ranges from our proprietary Total Pay Estimate model and based on salaries collected from our users. The estimated base pay is $106,197 per year.

Where is the real NCIS headquarters? ›

NCIS Headquarters is located in the Russell-Knox Building aboard Marine Corps Base Quantico, Virginia. As the center of operations for the entire spectrum of the NCIS mission, Headquarters oversees all of the field offices and their subordinate components.

Do the NCIS and FBI work together? ›

NCIS has Special Agents and analysts integrated into 22 FBI-led JTTFs around the United States, positioned where the Department of the Navy's equities are greatest. In addition, NCIS has a presence at the National Joint Terrorism Task Force, which oversees the regional JTTF network.

What weapon do NCIS agents carry? ›

Each agent of the NCIS Washington D.C. field office carries a SIG-Sauer P228 which is presumably the standard-issued weapon for all NCIS agents assigned to D.C.

What is an 1811 Special Agent? ›

1. What is an 1811? An 1811 is the Federal criminal investigator classification series established by the U.S. Office of Personnel Management. OPM defined this series to include positions that involve planning and conducting investigations relating to alleged or suspected violations of criminal laws.

Are NCIS agents armed? ›

One half of NCIS personnel are civilian, with the other half being special agents. NCIS agents are armed federal law enforcement investigators, who frequently coordinate with other U.S. government agencies and have a presence in more than 41 countries and on U.S. Navy vessels.

Why does FBI have warrant for Gibbs? ›

On November 10, 2021, agents executed a search warrant at the residence where Gibbs had previously sold methamphetamine to the confidential source. During the search, agents found approximately four pounds of heroin, a kilogram press, and a loaded firearm.

What is the most successful NCIS? ›

NCIS: Los Angeles is the most successful spin-off from the original series, and Hetty plays an irreplaceable role in the show's excellence.

Do NCIS agents go undercover? ›

Counterintelligence: Some assignments might require a NCIS agent to work undercover in order to learn counterintelligence information from enemies. Security checks: Some NCIS agents perform security checks in physical locations, like Navy ships or Marine Corps.

Who is the FBI guy on NCIS? ›

Joe Spano
Joe Spano in San Francisco, October 2022
BornJoseph Peter Spano July 7, 1946 San Francisco, California, U.S.
Years active1967–present
2 more rows

What is the difference between NCIS and military police? ›

NCIS agents are mainly civilians, but they investigate crimes against the military (including civilians who commit crimes against active duty personnel). They are not generally referred to as "military police," which tend to be uniformed non-civilians who patrol bases, among other duties.

Who is the bad CIA guy on NCIS? ›

Thomas "Trent" Kort is a former CIA operative and a recurring antagonist from NCIS.

Who does NCIS report to? ›

The NCIS was formerly known as the Naval Investigative Service. The name was changed in December 1992 as part of a reorganization that also established a civilian director of the NCIS who reports to the Secretary of the Navy through the General Counsel of the Navy.

What are Navy police called? ›

The Master at Arms' rating is the Navy's military police force. Master-at-Arms make sure the Navy's regulations are enforced. They provide the United States Navy with security specialists who perform force protection, anti-terrorism, physical security, and law enforcement duties on land and at sea.

What is rule 12 NCIS? ›

Rule #12 - Never date a co-worker.

Things that transpired later in their careers could have been considered awkward, as Shepard later took the role of NCIS Director until her tragic death in a gunfight at the end of season five. Watch NCIS Tuesdays at 8/7c.

Why does Mark Harmon wear a medical bracelet? ›

The medical bracelet belonged to Mark Harmon's father. Mark Harmon wears it to honor his father who died on March 15, 1990.

How many boats has Gibbs built in his basem*nt? ›

He has built at least four of them in his basem*nt, and websites are devoted to the mystery they offer ... which is: How does Gibbs get the boats out of his basem*nt after he has finished them?

What is Rule 62 in NCIS? ›

Rule #62: Always give people space when they get off an elevator. Rule #69: Never trust a woman who doesn't trust her man. Rule #91: When you decide to walk away, never look back. NCIS, Mondays, 9/8c, CBS.

What is Rule number 47? ›

The court may permit the parties or their attorneys to examine prospective jurors or may itself do so. If the court examines the jurors, it must permit the parties or their attorneys to make any further inquiry it considers proper, or must itself ask any of their additional questions it considers proper.

What is the rule of 39? ›

The Court may, under Rule 39 of its Rules of Court, indicate interim measures to any State Party to the Convention. Interim measures are urgent measures which, in accordance with the established practice of the Court, apply only where there is an imminent risk of irreparable damage (see Mamatkulov and Askarov v.

What is Rule 51? ›

In an action tried to a jury, at the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests.

What did Gibbs whisper in Ziva's ear Season 7 episode 4? ›

"In Memory of Robert 'Bob' Bryan" appears after the final scene. When Gibbs stands up and walks towards Ziva, he leans in to whisper something. It looks like he's saying, "You're my daughter." Perhaps, in reference to Ziva calling Gibbs "the closest thing to a father that she has."

What is the Air Force equivalent to NCIS? ›

The Department of the Air Force Office of Special Investigations (OSI) is a U.S. federal law enforcement agency that reports directly to the Secretary of the Air Force.

What's the difference between NCIS and CID? ›

The CID investigates all reports of alleged, suspected and actual criminal conduct, and family violence, brought to the attention of the Provost Marshal´s Office, and refers investigative jurisdiction to the Naval Criminal Investigative Service (NCIS) Resident Agency, for crimes that meet specific investigative ...

Can a Marine become a NCIS agent? ›

Although NCIS agents work for the Navy and Marine Corps., it is not a requirement that they enlist in the Navy or Marine Corps. Furthermore, an NCIS agent does not need to have any previous military or law enforcement experience. However, it is favorable if a candidate has military experience.

What episode does Gibbs get investigated? ›

"Damned If You Do" was written by Gary Glasberg and directed by Tony Wharmby.

Does NCIS have investigators? ›

The NCIS has three primary missions: criminal investigations, counterintelligence, and naval security. In its pursuit of criminal investigations, the NCIS provides investigative support, drug suppression operations, fraud briefings, a cooperating-witness service, and investigative services to afloat commands.

What is the saddest episode of NCIS? ›

“Call Of Silence” – Season 2, Episode 7

This is easily one of the most emotional episodes of NCIS. Oscar nominee Charles Durning plays Ernie Yost, a World War II vet and the recipient of a Medal of Honor, who claims to have murdered a friend (a fellow Marine) during a battle against the Japanese 60 years earlier.

What did Gibbs whisper to Ziva Season 7 episode 4? ›

Gibbs leans in and tells Ziva something that makes her cry. Cote de Pablo and Mark Harmon never disclosed what he said to her but by lip reading it looks like: "Listen to me. You're home." "In Memory of Robert 'Bob' Bryan" appears after the final scene.

When did the team find out about Gibbs family? ›

In the season 6 episode "Heartland", Gibbs' frosty relationship with his father Jackson and the backstory behind it is revealed. His father had rarely been mentioned up to that point and Jackson had not known that Gibbs was a "boss" until Gibbs and his team visited Stillwater to investigate a case.

Who is the bad NCIS agent? ›

Michelle Lee | Villains Wiki | Fandom.

How much do NCIS agents make a month? ›

What is the average salary for a Special Agent at Ncis in the United States? Based on our data, it appears that the optimal compensation range for a Special Agent at Ncis is between $71,534 and $99,799, with an average salary of $82,387.

What degree do you need to be a NCIS agent? ›

Complete a bachelor's degree

All NCIS agents must have a bachelor's degree from an accredited college or university.

Is there an army equivalent to NCIS? ›

The Department of the Army Criminal Investigation Division (CID), previously known as the United States Army Criminal Investigation Command (USACIDC) is the primary federal law enforcement agency of the United States Department of the Army.

Is NCIS part of FBI? ›

NCIS is a federal law enforcement branch in the Navy department composed of the civilian detectives and the Marine Corps in active duty. To oversee the success of military investigations, the NCIS agents are normally placed strategically in more than 130 locations worldwide.

Does NCIS have civilian authority? ›

NCIS civilian Special Agents have the authority to investigate criminal acts in accordance with both the Uniform Code of Military Justice (UCMJ) and established criminal laws under the United States Code (USC) when there is a DON nexus.

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