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In theUnited States, aspecial agent is an official title used to refer to certaininvestigators or detectives of federal, military, tribal, or state agencies who primarily serve incriminal investigatory positions. Additionally, some special agents operate incriminal intelligence,counterterrorism, orcounterintelligence-based roles as well, with one or all of these roles occasionally taking precedence over criminal investigatory tasks.
Within the Americanfederal law enforcement system, dozens of federal agencies employ federallaw enforcement officers (LEOs), each with different criteria pertaining to the use of the titlesspecial agent andagent. Most criminal investigators employed by theU.S. Department of Defense and its component departments typically utilize the title of "special agent."
Most people holding the title of "special agent" are LEOs under state and/or federal law (with some also being dual intelligence operatives such as with theFBI).[1] These LEOs are distinctly empowered to conduct both major and minor criminal investigations and hold arrest authority. While not all federal LEOs are "special agents," nearly all special agents – with very few exceptions – are duly-sworn LEOs. This holds true at the state-level, as well, with nearly all special agents of state agencies being sworn LEOs.[2]
In intelligence usage, "agent" may also refer to a human source or human "asset" who is recruited, trained, controlled, and employed to obtain and report information.[3] However, within law enforcement agencies, these types of sources are often referred to asinformants, confidential informants (CI—not to be confused with counterintelligence), or confidential human sources (CHS).
Within the U.S. government, the title of Special Agent primarily designates the Criminal InvestigatorGS-1811 series position.[4] However, the title is also concurrently used for General Investigator GS-1810 job series and the intelligence specialist in the GS-0132 job series according to theOffice of Personnel Management (OPM) handbook. The vast majority of special agents are GS-1811 (or equivalent) Criminal Investigators. Special agents typically have at a minimum anundergraduate degree.
Most federal agencies, including the following, employ some type of special agent, investigator or background investigator:
Federallaw enforcementtraining can be divided into various categories, the most common being basic, agency-specific basic (ASB), advanced/specialized, and agency-advanced/specialized. To operate safely and effectively, U.S. Special Agents and criminal investigators must possess skills and knowledge regarding criminal and civillaw and procedure, enforcement operations, physical techniques, and technical equipment, to mention a few. They must also be physically fit. While possession of a college degree can aid in obtaining employment in this profession, only extensive training provided at specialized facilities, combined with on-the-job training, can provide the skills and knowledge needed to perform the duties of a federal criminal investigator. As of 2012, there were 13,913FBI agents, as of 2016, there were approximately 6,500 ICE-Homeland Security Investigations (HSI) agents, and as of 2011, there were 4,890DEA agents in the United States.[6]
Not all federal criminal investigators are called special agents. Some federal agencies entitle their investigators as criminal investigators but use the term interchangeably with special agent. Other federal agencies use different titles for the same 1811 criminal investigative job series. Series 1811 criminal investigators for the U.S. Marshals are entitled Deputy Marshals. Series 1811 criminal investigators for the U.S. Postal Inspection Service are called postal inspectors. These inspectors were originally called surveyors and received a title change in 1801 to Special Agent. In 1880, the U.S. Congress created the position of Chief Postal Inspector and renamed these special agents to postal inspectors. The first special agents in the United States were appointed in 1791 when theSecretary of the Treasury was authorized to employ "Special Agents" for the purpose of examining the accounts and books of the Collectors of Customs. The position of Special Treasury Agent was created, and until 1860 submitted reports to theDepartment of Treasury, through the Collectors of Customs in the Customs District in which they were employed.[citation needed][7]
The terms "special agent" and "agent" are also used by various specialized state level law enforcement agencies to refer to their officers, including theNorth Carolina State Bureau of Investigation (NCSBI),[8] theKentucky Department of Criminal Investigation (DCI), theWashington State Gambling Commission, many agencies inside theCalifornia Department of Justice such as theCalifornia Bureau of Investigation, theCalifornia Bureau of Firearms, theCalifornia Bureau of Gambling Control, the California Bureau of Forensic Services and the California Bureau of Medi-Cal Fraud & Elder Abuse,[9] theTennessee Bureau of Investigation (TBI),[10] theArkansas State Police (ASP) Criminal Investigations Division[11] and many others. These agencies may be a part of a State Bureau of Investigation (which is usually a part of anAttorney General's Office or a state level Government Department) or a State Police Agency (which is again itself a part of a stateDepartment of Public Safety or aDepartment of Justice).
Also,Maryland has criminal investigators who are employed by the state attorney. These investigators are calledspecial investigators. As with special agents, these special investigators are authorized to conduct investigations, make arrests, carry firearms or other weapons, and carry a metallic badge.[12][13]
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