GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: EQUIPMENT
TITLE: PERSONAL COMMUNICATION DEVICE
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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PERSONAL COMMUNICATION DEVICE
701.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded by the Department or personally owned, while on-duty or when used for authorized work-related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable tablets and similar wireless two-way communications and/or portable internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and micro blogging, emailing, using video or camera features, playing games and accessing sites or services on the internet.
701.2 POLICY
The Lincoln Police Department allows members to utilize department-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on- or off-duty for business-related purposes, or reasonably associated with work-related misconduct, will be subject to monitoring and inspection consistent with applicable law and this policy.
The inappropriate use of a PCD while on duty may impair officer safety. Additionally, members are advised and cautioned that the use of a PCD, either on-duty or after-duty hours, for business-related purposes or reasonably associated with work-related misconduct may subject the member and the member's PCD records to civil or criminal discovery or disclosure under applicable Alabama Public Records laws.
Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff.
701.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received, or reviewed on any PCD issued or funded by the Department and shall have no expectation of privacy in their location should the device be equipped with location-detection capabilities. This includes records of all keystrokes or web-browsing history made on the PCD. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through department PCDs or networks (see the Information Technology Use Policy for additional guidance).
Members have no expectation of privacy regarding any communications while using a personally owned PCD for department-related business or when the use reasonably implicates work-related misconduct.
701.4 DEPARTMENT-ISSUED PCD
Depending on a member's assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD for the member's use to facilitate on-duty performance. Department-issued or funded PCDs may not be used for personal business either on- or off-duty unless authorized by the Chief of Police or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause.
701.5 PERSONALLY OWNED PCD
Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations:
(a) Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy.
(b) The Department accepts no responsibility for loss of or damage to a personally owned PCD.
(c) The PCD and any associated services shall be purchased, used and maintained solely at the member's expense.
(d) The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of radio communications). Members will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any department business-related communication or as otherwise authorized by department procedures.
Members may use personally owned PCDs on-duty for routine administrative work as authorized by the Chief of Police
(e) Use of a personally owned PCD while at work or for work-related business constitutes consent for the Department to access the PCD to inspect and copy data to meet the needs of the Department, which may include litigation, Alabama Public Records law retention and release obligations and internal investigations. If the PCD is carried on-duty, members will provide the Department with the telephone number of the device.
(f) All work-related documents, emails, photographs, recordings, or other public records created or received on a member's personally owned PCD should be transferred to the Lincoln Police Department and deleted from the member's PCD as soon as reasonably practicable.
Members who independently document off-duty department-related business activities in any manner shall promptly provide the Department with a copy of such records to ensure accurate recordkeeping.
701.6 USE OF PCD
The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business:
(a) A PCD shall not be carried in a manner that allows it to be visible while in uniform, unless it is in an approved carrier.
(b) Members should endeavor to limit their use of PCDs to authorized break times when possable, unless an emergency exists or conducting department-related business.
(c) Members may use a PCD to communicate with other personnel in situations where the use of radio communications is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular radio communications.
(d) Members are prohibited from taking pictures, audio or video recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Chief of Police or the authorized designee, may result in discipline.
(e) Members should not access social networking sites for any purpose that is not official department business. This restriction does not apply to personally owned PCD used during authorized break times.
(f) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor.
701.7 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy.
(b) Monitoring, to the extent practicable, PCD use in the workplace and taking prompt corrective action if a member is observed or reported to be improperly using a PCD.
An investigation into improper conduct should be promptly initiated when circumstances warrant.
Before conducting any administrative search of a member's personally owned device, supervisors should consult with the Chief of Police or the authorized designee.
701.8 OFFICIAL USE
Members are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land-based or other department communications network.
701.9 USE WHILE DRIVING
Members shall not use a PCD to send text-based communications while operating a vehicle;unless using voice-based communication that is automatically converted by the device to be sent as a message in a written form (Ala. Code § 32-5A-350.1 (c) (3) (a) ).
The use of a PCD while driving can adversely affect safety, cause unnecessary distractions, and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD or attempt to use a hands-free device (Ala. Code § 32-5A-350.1).
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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