Policy Text
Policy
701Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2024/03/25, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentPersonal Communication Devices - 1Personal Communication Devices
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
microblogging, emailing, using video or camera features, playing games and accessing sites or
services on the Internet.
701.2 POLICY
The Garden Grove 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.
Additionally, 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 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.
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.
701.3.1 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
Garden Grove Police Department
Policy Manual
Personal Communication Devices
Copyright Lexipol, LLC 2024/03/25, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentPersonal Communication Devices - 2supervisor 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).
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.
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 be either secured in the workplace at the completion of the
tour of duty or turned off when leaving the workplace.
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) or as otherwise
authorized by department procedures.
1.Use of a personally owned PCD for work-related business constitutes consent
for the Department to access the PCD to inspect and copy the work-related data
(e.g., for litigation purposes, public records retention and release obligations,
internal investigations).
2.Use of and data within a personally owned PCD may be discoverable in cases
when there is reason to believe it is associated with work-related misconduct.
3.Searches of a personally owned PCD by the Department should be limited to
those matters reasonably associated with the work-related business or work-
related misconduct.
(e)The device shall not be utilized to record or disclose any department business-
related information, including photographs, video, or the recording or transmittal of
any information