Rights and authorized

[TC1980]

What is the name of your state? WA

This is a military law question. This is the story.

My Fiancee drove to base to pick me up after I got done from work. At the gate she was stopped. She had a valid pass and an ID card. He license was suspended and the guard asked for the registration. She opened the glove box and the cop at the gate asked what that was in the glove box. It was a book of AF Form 75's. This are visitor passes. The cop confiscated them and called me to the Law Enforcement desk. I too am a cop (Security Forces). The investigator was there and with my supervisor questioned me about the passes. I told him that I have had those since my last base. He further asked me more questions. I filled the passes out for my fiancee when her and I would go on base to either shop or drop me off at work. At the time when she was stopped at the gate she had a pass written from the actual pass and ID section. I followed all the correct procedures while filling out the pass. I put all the correct information and I signed them. The investigator told me he called our Operations Superintendant and was told from him with the blessing of the Operations officer that it wasn't that big of a deal and we will handle it Monday. So he released me and I went home. I got a call 45 minutes later to return to the LE desk. The investigator read me my rights and charged me with Article 92 (Failure to obey lawful order and regulation) and Article 134-17 (False or unauthorized pass offenses). I lawyered up and made no statement. I asked him wheter what I said could be used against me when he questioned me. He said Yes because it was excited Utterance. Thier whole investigation has been fueled by my statement. I looked at every Regulation available and not one says that I was unauthorized to write the pass nor does it say it was unauthorized that I had them. They are not a controlled item. I would like some opinions because I think I am getting screwed big time.... Thanks..

[mocla]

I am just a law student...

But I have to point out that I only know of excited utterances in a completely non-related way, hearsay.... which is not something to really base a case on.

You already did the right thing by getting a lawyer, he'll be able to help you!

[fozzy2]

It appears to me that this would depend on local rules and base regulations which, knowing the AF, are probably *very* lengthy and comprehensive.
I don't know how uniform AF base rules are, or what base this happened at, but a set of rules I looked up on the web (Robbins AFB) seems to indicate that an SF-75 can only be issued to a "bona fide visitor" by the designated person on duty at the "Pass and Registration Center". Thus, even though you may be security/police, you would not be authorized to sign passes on your own, and it sounds like you may have admitted to doing that (or, they *thought* they heard you admit to it). I am assuming your fiance was a "bona fide visitor" without military ID. As far as I can tell, you are correct in that the forms themselves are not controlled nor is it prohibited to have them unless someone wanted to stretch it to theft of government property. Having them in posession, however, might be taken as evidence that you committed the offense of writing them unauthorized. (recall that for NJP the rules of military evidence don't apply).

It sounds to me like perhaps you are being made an example of, with reference to "strict adherence" to base regulation -- war on terror, yadda yadda yadda. Having lived on bases before I can certainly sympathize with those trying to shortcut onerous regulations (having to walk a mile to the visitor center to check in a guest, etc.), but that doesn't mean that you can't be punished for it.

Here is a suggestion that often worked in the Navy when faced with prospect of being "POD bait" (i.e. "an example"): Find a senior enlisted, plead your good record and without admitting wrongdoing say that you weren't even aware you were doing wrong. ( Were *all* security at your previous base allowed to sign passes? ) Suggest that you would even be willing to address GMT on the subject. In the Navy they loved people "doing an Oprah" at GMT and warning others not to stray.

Assuming the AF has GMT, general military training (i.e. "general misuse of time").

[badapple40]

It is admissible as a party admission from an evidentiary standpoint.

One key question is whether you were free to leave or a reasonable person would think he was able to leave when they had you at the LE desk?

Did they tell you that you were under arrest? Did they tell you that they would detain you if you did not answer their questions?

Did they read you your Article 31 rights?

[TC1980]

At my last base we all carried the AF Form 75's because we didn't have a visitor center. We also issued them at other gates besides the main gate at my current base before Sept 11 kicked off and security measures kicked in. Either way, I have yet to find it in writing anywhere that says I cannot isssue them and sign for them nor saying I can or can carry them. And when she came to the gate the night to pick me up she had a pass issued from the pass and ID section. The passes they found were old. I had only written them prior to getting he a long term one from pass and Id. I followed all the rules in writting the pass. All information was correct and not written longer then 24 hours.

[TC1980]

I didn't feel I was ever free to leave. The investigator asssured me it wasn't a big deal and I would see the appropiate people on Monday morning to handle this. I wasn't told I was under arrest until I was phoned and told to return to the le desk 45 minutes later. My supervisior was also there and he felt as did I that this wasn't that serious.

Originally Posted by badapple40

It is admissible as a party admission from an evidentiary standpoint.

One key question is whether you were free to leave or a reasonable person would think he was able to leave when they had you at the LE desk?

Did they tell you that you were under arrest? Did they tell you that they would detain you if you did not answer their questions?

Did they read you your Article 31 rights?

[TC1980]

At my last base we all carried the AF Form 75's because we didn't have a visitor center. We also issued them at other gates besides the main gate at my current base before Sept 11 kicked off and security measures kicked in. Either way, I have yet to find it in writing anywhere that says I cannot isssue them and sign for them nor saying I can or can carry them. And when she came to the gate the night to pick me up she had a pass issued from the pass and ID section. The passes they found were old. I had only written them prior to getting he a long term one from pass and Id. I followed all the rules in writting the pass. All information was correct and not written longer then 24 hours. Also, we don't have a GMT group. I am just trying to find a solid defense to challenge my commander. We have too many people getting busted for DUI, AWOL and drugs ect... for me to go down for something so stupid. I never once thought I was doing anything wrong. It wasn't like i was writing them for friends who had no insurance to get on base. They were for my fiancee acccompanied by me to go to the commissary or to drop me off at work.


[/b]

Originally Posted by fozzy2

It appears to me that this would depend on local rules and base regulations which, knowing the AF, are probably *very* lengthy and comprehensive.
I don't know how uniform AF base rules are, or what base this happened at, but a set of rules I looked up on the web (Robbins AFB) seems to indicate that an SF-75 can only be issued to a "bona fide visitor" by the designated person on duty at the "Pass and Registration Center". Thus, even though you may be security/police, you would not be authorized to sign passes on your own, and it sounds like you may have admitted to doing that (or, they *thought* they heard you admit to it). I am assuming your fiance was a "bona fide visitor" without military ID. As far as I can tell, you are correct in that the forms themselves are not controlled nor is it prohibited to have them unless someone wanted to stretch it to theft of government property. Having them in posession, however, might be taken as evidence that you committed the offense of writing them unauthorized. (recall that for NJP the rules of military evidence don't apply).

It sounds to me like perhaps you are being made an example of, with reference to "strict adherence" to base regulation -- war on terror, yadda yadda yadda. Having lived on bases before I can certainly sympathize with those trying to shortcut onerous regulations (having to walk a mile to the visitor center to check in a guest, etc.), but that doesn't mean that you can't be punished for it.

Here is a suggestion that often worked in the Navy when faced with prospect of being "POD bait" (i.e. "an example"): Find a senior enlisted, plead your good record and without admitting wrongdoing say that you weren't even aware you were doing wrong. ( Were *all* security at your previous base allowed to sign passes? ) Suggest that you would even be willing to address GMT on the subject. In the Navy they loved people "doing an Oprah" at GMT and warning others not to stray.

Assuming the AF has GMT, general military training (i.e. "general misuse of time").

[badapple40]

There may be a basis for supressing your statements, as taken in contravention of your Article 31 rights. In the event they send this to a court-martial, I would expect your attorney to file an appropriate motion to supress. Go talk to the ADC.