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Lakewood Police Department Policy and Procedure Cellular Telephones |
Effective Date: 12/14/2021 | |
| Policy Number: PP-9040 - MOBILE COMMUNICATION DEVICES | |||
| |
Lakewood Police Department Policy and Procedure Cellular Telephones |
Effective Date: 12/14/2021 | |
| Policy Number: PP-9040 - MOBILE COMMUNICATION DEVICES | |||
A. Policy
The purpose of this policy is to provide police employees with guidelines for the use of department issued cellular phones as well as other mobile communication devices, hereafter referred to as “MCDs” (known as a “Mobile Device” in Administrative Regulation VI-J). It is the policy of the police department to use MCDs in the course of police operations to enhance departmental communication.
DEFINITIONS
Course and Scope of Employment: Employee work or actions, whether performed on or off duty, to further the department’s law enforcement responsibilities and goals as authorized by law; statute; or departmental policies, procedures, rules, and training.
Mobile Communication Device (MCD):
• Laptop, Tablet Computer
• Smartphones - mobile phones that perform many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications.
• Cellular phones - devices that communicate primarily through the cellular communication network (voice and text).
Personal Use/ Personal Business: Use of a MCD, to include verbal conversations, texting, Internet use, game playing, and similar functions, that is unrelated to a police employee’s official duties.
B. Procedure
1. Use of MCDs. MCDs shall be only used to conduct official police business while the employee is on duty except as provided for below. Personal use is restricted and subject to departmental review or supervisory approval. MCDs are an augmentation to the department’s communication system, not a substitute for radio communication designated for transmission through the department’s emergency communication center. MCDs may be used by police employees to conduct official business when the use of radio communication or landline telephones is inappropriate, unavailable, or inadequate to meet communication needs and when the device is used in accordance with this policy.
2. Personal Use of MCDs. MCDs should not be used to conduct personal business while on-duty, except when brief personal communications may be warranted by the circumstances (e.g. to inform family of extended hours.) While employees may use personally owned MCDs for personal business during authorized breaks, such usage should be limited as much as practicable to areas where the communication will not be seen or heard by the public.
3. No expectation of privacy. Any employee using a police department issued MCDs has no expectation of privacy with regard to any communication accessed, transmitted, received or reviewed on any such MCD and shall have no expectation of privacy in his/her location should the device be equipped with location detection capabilities. The use of the MCD removes any expectation of privacy the employee, sender, and recipient of any communications utilizing such device might otherwise have, including the content of any such communications. The City has the right to access, monitor, and audit any and all communications (including content) sent, received, and/ or stored using the MCD at any time. Additionally, the MCD’s contents may be subject to public inspection under the Colorado Open Records Act and the Colorado Criminal Justice Records Act.
4. Use While Driving. Safety must be the first priority when using a MCD while driving. In all cases, employees should be aware of the hazards of multi-tasking while driving. Employees are discouraged from using MCDs for anything other than business related needs or urgent calls while driving. When possible, if an employee needs to make or receive a telephone call while driving, the employee should pull off the roadway in a safe location unless a hands-free operational device is authorized and being used. See Administrative Regulation VII/A.
Use of personal MCDs are subject to the same safety restrictions.
5. Collecting digital images and video/audio recordings for evidentiary purposes.
a. The use of MCDs to collect digital images and video/audio recordings may be used in those cases when exigent circumstances exist where the preservation of perishable evidence is necessary. However, it is understood that there will be situations where collecting digital images would be acceptable, as a last resort, when a CSO, CSI or the Crime Lab are not reasonably available. Supervisor notification will be required in these situations.
b. All employees issued a MCD shall receive basic training in proper digital imagery collection.
c. Digital images of graffiti may be obtained on a routine basis.
d. Any audio recording must be made in compliance with state laws, C.R.S. § 16-15-102, C.R.S. § 18-9-303, and C.R.S. § 18-9-304, pertaining to wiretapping and eavesdropping.
6. Preserving Digital image and video/audio recording evidence
a. Employees who use a MCD to collect digital imagery of a crime scene must write a supplemental report that details where the images came from and their subject matter. Employees will email the images from their MCD to their city email address. Images can then be saved onto a USB thumb drive and uploaded at any evidence.com terminal. Employees are required to download all images into evidence.com prior to the end of their watch.
b. Once the images have been downloaded into evidence.com, the email messages will be deleted and the images will be deleted from the MCD.
c. Employees who use a MCD to collect digital video or audio recordings of an incident must write a supplemental report that details when the recording was made and its subject matter. Video and Audio files will be uploaded to evidence.com. Employees are required to upload all video and audio files prior to the end of their watch.
d. Once the digital video or audio recordings uploaded to evidence.com, they will be deleted from the MCD.
7. Public Relations Digital Images. Employees are authorized to use the MCD to collect digital images for use by the Police Department for public relations purposes. Such images should be provided to appropriate police personnel for department usage only and/or uploaded to evidence.com.
C. Rule
1. Text, voice, video/ audio recordings, or digital images made in the course of conducting a criminal investigation, whether on or off duty, may not be shared with third parties in this department or elsewhere, unless they have a need to know such information in order to further an investigation or conduct other official departmental business.
2. Employees shall not keep personal copies of any digital image, video, or audio file related to department business.
This policy is not all inclusive. Other relevant policies and regulations that might affect the use of MCD’s include but are not limited to: