Some examples of social media include Twitter, Facebook, MySpace and YouTube. Devices such as smart phones and the iPad facilitate speedy delivery of electronic messages and provide people instant access to social media, even in the workplace. These devices are often preloaded with software allowing the user to interface directly with social media applications. People all over the world can now share information almost instantaneously and the number of people using social media is growing at an exponential rate. Statistics demonstrate the speed at which social media is growing. “It took radio 38 years to reach 50 million users; Facebook added over 200 million users in less than a year. If Facebook were a country it would have the world’s third largest population ("IACP Center for Social Media").” People of all ages and walks of life are using social media to share and receive information with incredible speed.
The Benefits of Social Media
Many social media services are free to use and are capable of reaching large groups of people in a very short time. People now have a means of self expression that didn’t exist a decade ago. Social media, by its very nature, is an interactive means of communication and as a result, is inextricably linked to community policing and engagement. Law enforcement agencies have already begun to leverage the power of social media in a number of ways. Ed Rogerson, a police Sergeant working in the Harrogate district of North Yorkshire England, uses a service called “Twitter” to communicate with the citizens of his patrol beat. Using his cell phone, Rogerson posts messages to his Twitter page under the moniker of hotelalpha9. Twitter, known as a micro blogging tool, is limited to sending messages 140 characters in length but this is certainly enough for a brief informational message. Followers can receive Rogerson’s messages via text message, email or by navigating their Internet browser to http://Twitter.com/hotelalpha9. Rogerson has become one of the most popular beat cops in the UK with 2,769 followers. Citizens in Rogerson’s beat receive regular information about crime, crime prevention tips and other useful information. In one case Rogerson investigated thefts from autos and within minutes the citizens of his patrol area were warned to secure their belongings and watch for the suspects ("A/PS Ed Rogerson @hotelalpha9"). This police officer has managed to combine the power of social media and community engagement in a clever and effective way.
The Green Bay Police Department has recently begun to use Facebook as a means of engaging the public (http://facebook.com/greenbaypolice). On August 9, 2011 police posted a photograph of a suspect wanted in connection with the severe beating of a man at a downtown tavern. A citizen witness managed to obtain a photo of the suspect who was attending a party at the tavern that evening and provided it to the police. The suspect was unknown to police and traditional means of identifying him were unsuccessful. After several days of failed attempts to identify the man, Green Bay Police posted his photo on the department’s Facebook page. Within 24 hours the man turned himself in and the case was solved ("Green Bay Police Department").
Social media can also be an excellent investigative tool. Members of the public who post information about themselves or others provide a wealth of information to law enforcement. Green Bay Police recently investigated a case where a suspect stole a cell phone and a short time later posted a photo of himself on the victim’s Facebook page. Within minutes of receiving the image, police were able to identify the suspect.
Police throughout the world have begun to use social media in a wide variety of ways. Some examples include:
- Investigating criminal activity
- Gang involvement, cyber bullying, and stalking, theft and illegal drug activity
- Community engagement
- Public notification of events and meetings
- Posting photos of wanted persons
- Warning the public of scams and providing crime prevention information
- Seeking the public’s assistance in locating and identifying wanted subjects
- Notifying the public about hazards such as closed highways and traffic problems
- Recruitment and employment
- Reaching out to potential candidates
- Vetting perspective employees by viewing their online profiles
The Risks of Social Media in Law Enforcement
While the benefits of social media are many, there are also pitfalls and liability risks for police agencies and their employees. Police agencies that publish information must be careful to follow established guidelines for the release of information. One danger of social media is that the task of designing and updating social media sites is commonly left in the hands of young, tech savvy employees who may have an excellent working knowledge of the technology but a limited knowledge of liability law. Since Facebook is one of the most common forms of social media used by police, risks using Facebook merit further discussion. Depending on how an agency configures its Facebook page, users will likely have the ability to post comments. Many departments have opted to allow this feature to encourage community engagement and discussion. If police choose to do this they should be prepared to carefully monitor the posts. If comments are not closely moderated it may be possible for a person to post a defamatory or discriminating remark. Posters may violate another person’s right to privacy. By leaving such comments available for all to see, the department risks civil action and may be named a party in a civil lawsuit.
Social media is one of the most effective ways to engage the public. But what method is the best? Between Facebook, Twitter, Nixle, the MyPD app for smart phones,and numerous others, is this all too confusing? How many should you use? Think of it this way, if you go to the store to buy spaghetti sauce, how many varieties are there? I would estimate 10-20 but ultimately we end up picking out one or two. People consume information in a variety of ways. The more varieties you have, the more people you will reach.
Personal use of Social Media
One area that is often overlooked with respect to social media is off duty conduct. Police officers, like most people, use social media to communicate with family and friends. However, there are risks when government employees make private use of social media. Careless and inappropriate posts can come back to haunt the officer and the agency they work for. Defense attorneys may use prejudicial or defamatory remarks impeach the officer as a witness in future trials (IACP).Sexually explicit communications can serve not only as an embarrassment to the government agency, but may also give cause to civil liability. For example, in 2010 former Calumet County District Attorney Ken Kratz was sued in federal court for sending sexually suggestive text messages to a domestic violence victim. The case was filed in Milwaukee federal court, the plaintiff alleging that Kratz violated her constitutional rights to due process and equal protection (Cassens-Weiss 1).
A person who posts sexually explicit messages or photos that can be identified as a police officer, has the potential to damage the department’s reputation and erode public trust. Police agencies have a vested interest in halting such conduct and establishing clear policies that regulate behavior, on or off duty that may impact the effectiveness and reputation of the department.
Regulating off duty conduct of an employee can be complicated and controversial, especially when considering an employee’s rights to free speech and privacy. Recently the Supreme Court ruled on at least one aspect of privacy involving the communications of an employee. In Ontario v. Quon the court examined the issue of Fourth Amendment protections of employees of government agencies. A police officer was disciplined when his employer discovered that he had sent and received a number of sexually explicit messages while on duty. The department retrieved messages from the employees department issued pager. The court ruled that the search of the employee’s text messages did not constitute a violation of the employee’s Fourth Amendment rights. The court opined, “government searches to retrieve work-related materials or to investigate violations of workplace rules—searches of the sort that are regarded as reasonable and normal in the private-employer context”, (Ontario v. Quon, 560 U.S)
The issue of employee conduct and right to free speech under the First Amendment has also been tested in the courts. In Garcetti v. Ceballos the court concluded that an employee could be disciplined for statements that are made in an “official capacity”. This case involved a prosecutor wrote a memo recommending the dismissal of a criminal case. Cellebos, a deputy district attorney, was subsequently disciplined for issuing the memo and he argued that his employers retaliated against him. Cellebos brought a suit under 42U.S.C.§ 1983 alleging violations of his First and Fourteenth Amendment rights. The court found that the speech was not protected because it was generated as a result of Cellebos working in an “official capacity”. The court ruled, “When a citizen enters government service the citizen by necessity must accept certain limitations on his or her freedom.” The courts have generally ruled that an employee’s First Amendment rights can be limited in cases where important government interests are at stake. In the context of policing, the factors to be considered are the reputation of the department, the department’s ability to effectively police the community and the public trust (IACP). These examples can easily be defended as important government interests.
Recommendations
As we enter this new era of social media it is important to adapt policies and training to fit the times. It is unreasonable to prohibit employees from enjoying the many benefits social media has to offer. Employees should understand the unique situation they are in as being both guardians of society and private citizens. Few people realize that that any information posted online can be disseminated quickly and almost never redacted once released. Privacy settings change frequently, potentially exposing information employees believed to be private. It is important to train employees to effectively use social media as an investigative tool and a way to engage the community. The International Association of Chiefs of Police (IACP) is an excellent resource for best practices and model social media policies. In addition to a good department policy, it is also wise to adopt a take-down policy for a department’s Facebook page. A good take down policy will clearly explain what sort of posts are disallowed so there can be no debate over a person’s right to post inappropriate, disparaging or defamatory comments. The department should appoint specific persons who are familiar with the department’s policies regarding social media. Facebook should be monitored and moderated daily. Ideally these tasks would be performed in close association with the department’s public information officer (Stevens).
The brevity of this blog cannot do justice to the subject of social media. There are numerous social media venues that are available and only a few were discussed here. The most important points to remember are;
- Social media can be an extremely beneficial tool for law enforcement
- There are significant risks associated with these benefits
- Risks can be mitigated with policies and training
Resources
ConnectedCops.net
http://connectedcops.net/
Model Facebook takedown policy
http://connectedcops.net/wp-content/uploads/2011/01/FBTerms.pdf
International Association of Chiefs of Police (IACP)
Model policies and training guides
http://www.iacpsocialmedia.org/GettingStarted
Cited Works
Cassens-Weiss, Debra. "Former Sexting DA Claims Immunity from Civil Suit by Domestic Abuse Victim." ABA Journal: Law News Now (2011): 1. Web. 21 Aug 2011. <http://www.abajournal.com/news/article/former_sexting_da_claims_immunity_from_civil_suit_by_domestic_abuse_victim/>.
Garcetti v. Ceballos - 04-473 (2006)
"Facebook." Green Bay Police Department. Green Bay Police Department, 21 Aug 2011. Web. 21 Aug 2011. <https://www.Facebook.com/GreenBayPolice>.
"Fun Facts." IACP Center for Social Media. International Association of Chiefs of Police, 2010. Web. 21 Aug 2011. <http://www.iacpsocialmedia.org/Resources/FunFacts.aspx>.
Ontario v. Quon - 08-1332 (2010)
"Social Media Concepts and Issues Paper." IACP National Law Enforcement Policy Center (2010): 5. Web. 21 Aug 2011.
Stevens, Lauri. "Social Media Quick Tip: Give Your Facebook Page a Takedown Policy." ConnectedCops.net. LAwS Communications, 15 Aug 2011. Web. 21 Aug 2011. <http://connectedcops.net/>.
"Twitter." A/PS Ed Rogerson @hotelalpha9. North Yorkshire Police, 21 Aug 2011. Web. 21 Aug 2011. <http://Twitter.com/hotelalpha9>.
