Mobile Communication Devices

The purpose of this policy is to provide law enforcement officers with guidelines for the use of cellular phones as well as similar mobile communication devices, hereafter referred to as “MCDs.”

Policy: Mobile Communication Devices

Author: Chief Joseph M. Hallman

WILEAG Standard: N/A

Issue Date: January 8, 2015

Reviewed Date: March 27, 2026

Revised Date: March 27, 2026

 

Purpose:

The purpose of this policy is to provide law enforcement officers with guidelines for the use of cellular phones as well as similar mobile communication devices, hereafter referred to as “MCDs.”

Policy:

It is the policy of this law enforcement agency to use MCDs in the course of police operations to enhance departmental communication. MCDs may be used by officers to conduct official business when the use of radio communication or landline telephones is inappropriate, unavailable, or inadequate to meet communication needs and when the device is used in accordance with this policy. Information or data housed in departmental MCDs related to the course and scope of employment is the property of this police department.

Definitions:

1. Course and Scope of Employment- employee work or actions, whether performed on or off duty, to further the department’s law enforcement responsibilities and goals as authorized by law; statute; or departmental policies, procedures, rules, and training.
2. Disruptive activity- any time that MCDs would be considered disturbing, such as in meetings, training sessions, court, or public places when their use would reasonably be deemed inappropriate or intrusive.
3. Distraction- any time the use of an MCD would divert, hinder, or delay the attention of an officer from official duties and/or cause a potentially hazardous situation.
4. Mobile Communication Device (MCD)- department owned- Cellular telephones, personal digital assistants (PDAs), MDCs, Tablets, and any such device designed to record, transmit, and/or receive voice communications, text messages, e-mail, sound, video, or photographic images.
5. Mobile Data Computer (MDC)- laptop installed in University Police Vehicles to provide personnel with a more secure means of communication with the University Police Department Records Management System and DOT files through the State of Wisconsin TIME system.
6. Personal Use- use of an MCD, to include verbal conversations, texting, Internet use, game playing, and similar functions, that is unrelated to an officer’s employment.

Procedures:

1. Use of MCDs
   1. MCDs shall be used only to conduct official police business.  Personal use is restricted and subject to departmental review or supervisory approval.
   2. The use of obscene, profane, discriminatory, demeaning or degrading language on any MCD is strictly prohibited.
   3. Officers will exercise due caution operating patrol vehicles while using MCDs.  When possible, officers should pull off the roadway in a safe location when using MCDs unless hands-free operational devices are authorized and available.
   4. Any charges for usage of an MCD should be limited and clearly linked to operational necessity. Audits of MCD equipment may be conducted at the department’s discretion.
   5. Departmentally issued MCDs may be used in off-duty capacities only for the conduct of police-related business or during department related off-duty law enforcement assignments.
   6. The records of MCD use may be subject to review by the department.
   7. The Use of MCD will follow all guidelines set forth in the Office of Information Technology “Acceptable Use Policy”
   8. Inappropriate or unprofessional messages and or content will not be sent via MDC.
   9. Specific uses/functions of the Mobile Data Computer (MDC)
      1.  A primary function of the MDC is to aid the officers in documenting crime scenes, taking, notes, data entry into TIMS TALON records management, and issuing State of Wisconsin citations using the TrACS software.
      2. While all traffic stops can be documented by the officer in the MDC, dispatch shall still be notified of all traffic stops and location of those stops for officer safety reasons.  Officers are reminded that they can notify dispatch anytime it is prudent to make dispatch aware of officer activity.
      3. Each MDC will also have the capability of logging onto the State of Wisconsin’s TIME system, for purposes of license and registration queries, administrative messages, allowing direct communication with other MDC users, and other queries from the State of Wisconsin’ TIME system.  Officers are required to follow all TIME system policy and procedure.
      4. MDC users should guard against unintentional or improper dissemination of information and messages received on the MDC.  While the information received on the MDC is often confidential, messages and other traffic may fall under the open records law, and be available to the public either through discovery or the open record provisions of Wisconsin State statute.
      5. It is recommended that MDC not be exposed to extreme temperatures and removed from squads that are going to remain sitting for more than twenty-four hours, if possible.
   10. Security, care, and maintenance of the MDC
       1. Officers are personally responsible for the security, care, and maintenance and use of the MDC that are in their custody and control.
       2. Officers shall make every effort to protect and secure the MDC from theft, damage and environmental hazards.
       3. Officers shall not remount, rewire, or modify any MDC terminal, without the approval of the Sergeant and/or Chief.
       4. Officers should routinely inspect and report any malfunctions to the Technology Officer and/or Sergeant.
       5. Food and beverages will not be placed on or near any MDC terminals.
2. Use of Audio and Visual Recordings
   1. Voice, text, or image recordings obtained during the course and scope of an officer’s employment, whether by personal or departmentally issued equipment, are the property of this department. All are governed by evidentiary policies of this department and any public records retention and disclosure laws of this state.
   2. Audio recordings of conversations may be subject to federal and state wiretapping laws.
   3. The use of personal audio- or video-recording devices, where authorized by the department, may be used to preserve perishable evidence when better options are not reasonably available. Officers shall make their supervisor aware of any recorded information that is obtained during the course and scope of the officer’s employment or that may be reasonably considered germane to an investigation or other departmental business.
   4. No officer will erase or attempt to delete, remove or alter any image, video, or audio file related to department business or taken while on duty from an MCD unless authorized to do so by the department.
   5. Officers shall not keep personal copies of any image, video, or audio file related to department business.
   6. Text, voice, or photographic images made in the course of conducting official police business, whether on or off duty, may not be shared with third parties in this department or elsewhere, unless they have a need and a right to such information in order to further an investigation or conduct other official departmental business.
   7. Personnel shall not use MCDs to share messages or visual or audio recordings with social or other print or electronic media, when such communications could reasonably be considered positions of this police department, could undermine departmental integrity, or bring disrepute to the department or its members.