Policy Text
Policy
702Fremont Police Department
Personal Communication Devices
702.1 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
microblogging, emailing, using video or camera features, playing games and accessing sites or
services on the Internet.
702.2 POLICY
The Fremont 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-duty, or used off-duty in any manner reasonably related to the business of the
Department, will be subject to monitoring and inspection consistent with the standards set forth
in 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 personally owned PCD either on-duty or after duty
hours for business-related purposes may subject the member and the member’s PCD records to
civil or criminal discovery or disclosure under applicable 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 personnel.
702.2.1 CARRYING OF PCD (SMARTPHONE)
PCD's that have GPS, specifically Smartphones, are a valuable tool for officer safety reasons
and in tactical situations. Except in extenuating circumstances, or while on the Fremont Police
Campus, all personnel who are on duty in an operational capacity (e.g. Patrol, Traffic, School
Resource Officer, Animal Control Officers, Street Crimes, Detectives, special events, etc.) shall
carry their department issued PCD/Smartphone on their person or in their department vehicle.
702.3 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/Office and
shall have no expectation of privacy in their location should the device be equipped with location
detection capabilities (see the Information Technology Use Policy for additional guidance).
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702.3.1 CALIFORNIA ELECTRONIC COMMUNICATIONS PRIVACY ACT (CALECPA)
No member is authorized to be the sole possessor of a department-issued PCD. Department-
issued PCDs can be retrieved, reassigned, accessed or used by any member as directed by a
supervisor without notice. Member use of a department-issued PCD and use of a personal PCD at
work or for work-related business constitutes specific consent for access for department purposes.
Prior to conducting an administrative search of a PCD, supervisors should consult legal counsel
to ensure access is consistent with CalECPA (Penal Code § 1546; Penal Code § 1546.1).
702.4 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. Department-issued or funded PCDs are provided as a
convenience to facilitate on-duty performance only. Such devices and the associated telephone
number 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.
Unless a member is expressly authorized by the Chief of Police or the authorized designee for
off-duty use of the PCD, the PCD will either be secured in the workplace at the completion of the
tour of duty or will be turned off when leaving the workplace.
702.5 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.
1.Members may use personally owned PCDs on-duty for routine administrative
work as authorized by the Chief of Police.
(e)The device shall not be utilized to record or disclose any business-related information,
including photographs, video or the recording or transmittal of any information or
material obtained or made accessible as a result of employment with the Department,
without the express authorization of the Chief of Police or the authorized designee.
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(f)Use of a personally owned PCD while at