Can the boss demand access to your personal cell phone records? Bradley Beach police file suit over it
How private is your personal cell phone use on the job?
The Bradley Beach Policeman's Benevolent Association has filed a federal suit against the borough and police chief Leonard Guida over a policy allowing the chief to review an officer's personal cell phone record, according to NJ Advance Media.
The suit also takes issue with a part of the policy that allows the chief to look at texting, internet use and phone call use on a personal device while an officer is on the job. Guida would only say that the policy is "not a prohibition against cell phones" but confirmed that such a policy exists.
Officers are asking a judge to declare the policy unconstitutional, claiming that it subjects them to "unreasonable searches and seizures by the government" in violation of their Fourth Amendment rights.
The PBA says it has tried to address its concerns to Guida but he has not responded. "The PBA had to take these steps in order to protect their members' rights," Marcia Tapia-Mitolo, the attorney representing the PBA, told NJ Advance Media.