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Personal Cell Phone Use Vs Agency Issued

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  • Personal Cell Phone Use Vs Agency Issued

    Hello All:

    I searched but couldn't find if this has been discussed before.

    I am curious what folks are doing for cell phones. My agency issues each of use one, but they're bare bones so alot of use end up using our personal phones for certain functions.

    Are people being issued phones, getting a stipend to use their own or on their own. I know some people are worried about their phones being subpoenaed but I am not sure how realistic that is after talking to attorneys who say that does not happen that often.

    Thanks.

    Josh

  • #2
    Your phone can and will be subpoenaed. It's happening all over. The attorneys you spoke to are wrong.
    Why do you need extra apps to call your beat partner and arrange an operation?
    I would NEVER risk my own phone.
    Now go home and get your shine box!

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    • #3
      I get a $40 per month allowance for official use of my personal phone. Gotta watch that because that makes my phone records subject to FOIA.

      “Truth is not what you want it to be; it is what it is, and you must bend to its power or live a lie.”

      Miyamoto Musashi

      “Life Is Hard, But It's Harder When You're Stupid”

      George V. Higgins (from The Friends of Eddie Coyle)

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      • #4
        I would never use my personal phone for work use. If I got a stipend from my agency, I'd get an extra line and spare phone that was for work only. I have heard multiple responses from multiple attorneys, but what I do know is that defense attorneys can be huge as$holes and some of them love the screw with cops. Sometimes they do it to discredit the officer to win cases, sometimes they do it because it allows them to ring up the bill for their clients and make more money for "investigating" the case, and sometimes they do it because they just want to cause problems with cops. Whatever the reason, what you can count on is that whatever CAN happen, WILL eventually happen. If you are found to have used your phone on duty for business even once, your phone is subject to subpoena. The scope of the discovery on your phone will be subject to the judge who authorizes it. Some may only let them look at information within the time frame of the incident and perhaps a "reasonable" amount of time afterwards, but some could just give the defense attorney carte blanch to fiddle-fvck your phone for a week and make copies of every text message you've ever sent, and go through all of your apps that give access to social media and whatnot. It's not just your phone, but your phone records and data.

        The prosecutors may be able to stop a defense attorney from getting your phone and phone records, but more than likely they won't even try. Prosecutors are not hired to protect cops, so don't count on them quashing a subpoena. Your protection will come from your union legal assistance, but if you have a crap union, you're back to square-1.

        Personally, I have nothing incriminating on my phone. However, I'll be damned if I ever let it get in the hands of a defense attorney.

        If you have to use your phone, make sure you're not seen using it on camera, make sure any suspects or witnesses see you using it, and don't ever mention using it in a report. Use your agency-issued phone, and do the rest on your MDT.
        Last edited by Reedo; 11-11-2014, 09:17 PM.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence."
        -John Adams


        Disclaimer: My statements are personal opinions, and in no way reflect those of my agency.

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        • #5
          What can't you do on an agency phone that requires you to use your own phone?

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