I'm having an argument with my well intentioned but mistaken Lieutenant.
We work in a classified area, and cellular telephones are not permitted into the area - for a multitude of reasons.
We are trying to formulate our plan of action for when someone mistakenly brings their personal cell phone into the area.
The Lt is of the opinion that we can:
Confiscate the phone from the member
Search the phone for classified information
Delete any photos / documents that were on the phone
Have the member log into "the cloud" or whatever so we can search for information that may have been uploaded
All of the above is based on the sign on the door saying "property is subject to search per order of the installation commander" without any consent from the member.
My opinion is that in order to do any of that past confiscating the phone - we need either the member's permission (once he/she gives permission all bets are off in my opinion - same as with letting a cop search your car) or written approval for this action by AT LEAST the installation commander (almost a search warrant).
I'm pretty sure that personal property rights do not get tossed out the window once you've enlisted. Granted - the probable cause for the commander to allow me to search your phone that was in my vault is pretty much guaranteed, but I still need some type of oversight.
Does anyone know a good place to start in the UCMJ for this info?
I'm going through Air Force regs now and I'm hoping there is a WABer who has experience with this that can point me in the right direction.
Thanks
We work in a classified area, and cellular telephones are not permitted into the area - for a multitude of reasons.
We are trying to formulate our plan of action for when someone mistakenly brings their personal cell phone into the area.
The Lt is of the opinion that we can:
Confiscate the phone from the member
Search the phone for classified information
Delete any photos / documents that were on the phone
Have the member log into "the cloud" or whatever so we can search for information that may have been uploaded
All of the above is based on the sign on the door saying "property is subject to search per order of the installation commander" without any consent from the member.
My opinion is that in order to do any of that past confiscating the phone - we need either the member's permission (once he/she gives permission all bets are off in my opinion - same as with letting a cop search your car) or written approval for this action by AT LEAST the installation commander (almost a search warrant).
I'm pretty sure that personal property rights do not get tossed out the window once you've enlisted. Granted - the probable cause for the commander to allow me to search your phone that was in my vault is pretty much guaranteed, but I still need some type of oversight.
Does anyone know a good place to start in the UCMJ for this info?
I'm going through Air Force regs now and I'm hoping there is a WABer who has experience with this that can point me in the right direction.
Thanks
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