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1 POLICY DRAFT Policy Development Draft Assignment Yasmine Jeanpierre Liberty University CJUS 520 Professor C. Lewis 02/11/2024
2 POLICY DRAFT Abstract Social media functions as a worldwide communication platform extensively used by most people. It is utilized globally for staying connected with family and friends, storing memories, and sharing content. The increasing adoption of social media has driven substantial growth, leading law enforcement agencies to incorporate it into their investigative and communication arsenal. The disclosure of information on missing persons or license plates tied to bank robberies expedites criminal apprehension, while police departments utilize social media to enhance community trust and communication. However, misuse of social media is common. Establishing regulations is imperative to guarantee the responsible dissemination of public information.
3 POLICY DRAFT Policy Development Draft Assignment Social media has deeply integrated into society, providing various benefits like enabling long-distance communication among family and friends, fostering new connections, and documenting daily experiences. Yet, it also carries drawbacks such as cyberbullying, cyberstalking, addiction, depression, and the promotion of unrealistic expectations, among other concerns. Considering these aspects, what are the expected duties of law enforcement officers regarding social media usage? Platforms such as Facebook, Instagram, Snapchat, Twitter, and YouTube have streamlined the process of sharing personal information globally. With smartphones and tablets ubiquitous, people can upload videos instantly without considering their appropriateness. Thus, how does social media influence law enforcement practices? Police departments are giving significant importance to social media, acknowledging the potential consequences of posting content that may damage their reputation or attract unfavorable attention to the agency. Law Enforcement Abuse of Social Media While social media can provide advantages to law enforcement, instances of misuse are evident. The Mobile County Sheriff's department in Alabama exemplifies such misuse, where an officer ridiculed Jordan Brown as the "Thug of the Week." Subsequently, the department posted a photo on Facebook featuring their "Thug Tree," adorned with mugshots instead of ornaments, sparking condemnation from criminal justice advocates and religious groups. Reverend David Frazier Sr. denounced it as "sacrilegious." Additionally, a concerning trend observed on law enforcement-operated social media platforms is cyberbullying, characterized by voyeuristic and publicly humiliating conduct directed at arrested individuals or crime suspects (Corrigan, 2020).
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4 POLICY DRAFT Police departments maintain that their presence on social media aims to bolster community trust and increase arrests by encouraging citizens to share crime tips. Nonetheless, cyberbullying erodes this trust and subjects the department to criticism and threats. As reported by Corrigan (2020), "The Mobile County Sheriff's Office deleted the post, stating to a local NBC affiliate that it had received threats to deputies' safety." Despite these risks, the department continues the "Thug Thursday" tradition. During an interview with Detective David Lewis from Texas, he discussed the potential consequences officers may face for misusing social media. These repercussions range from reprimands to suspension or even termination. For example, an officer's seemingly innocuous use of emojis on a video, particularly in situations involving the use of force during arrests, could inadvertently undermine the department's credibility. Detective Lewis stressed the necessity for officers to include disclaimers on their personal social media profiles, clarifying that their opinions do not represent those of their employer. While such disclaimers may not offer complete protection, they can help preserve officers' freedom of speech. (Lewis, D. Detective 2397, personal communication, 2022, May 8) Organizational Use of Social Media Social media stands as a crucial asset in the investigative toolbox of law enforcement agencies, aiding in lead generation and evidence compilation regarding potential suspects" (Finklea, 2022, p. 2). Utilizing social media, officers can disseminate images of suspects and gather intel from the local community, expediting suspect identification or sightings within the vicinity. This accelerated process streamlines information flow, facilitating prompt arrests. However, it's notable that suspects frequently engage with social media platforms, as "content posted without audience restrictions is accessible to anyone, including law enforcement, without the need for
5 POLICY DRAFT court authorization" (Finklea, 2022, p. 2). However, social media proves indispensable to law enforcement agencies for various operational purposes. Detective Lewis explained that the department adheres to a manual detailing procedures, under which information must receive approval from either the Chief of Police or the Public Information Officer (PIO). Occasionally, law enforcement may request social media companies to temporarily preserve content. This measure is taken to prevent any alteration of the content while law enforcement secures the requisite court authorization, such as a warrant, to access it (2022, p.7). Law Enforcement Best Practice for the Regulation Officer Social Media Activity Many observers have questioned the use of social media by law enforcement and the regulations guiding their actions. In fact, Finklea asserts, “Law enforcement agencies need to create written, easily accessible policies outlining their use of social media. They should seek approval from local government authorities before participating in online activities. Prior judicial authorization should be secured for conducting undercover operations via social media. However, there should be restrictions on law enforcement's interaction with minors on social media platforms. Additionally, regular audits should be conducted to monitor law enforcement's use of social media (2022, p. 9).” During the January 6, 2021 attack on the U.S. Capitol, law enforcement successfully utilized specific information to identify and locate individuals involved in the events. The prevalence of social media has significantly increased since 2005, with over 70% of U.S. adults estimated to have used social media in 2021, a notable surge compared to the 5% of adults believed to have used some form of social media in 2005 (Finklea, 2022, p. 4). To regulate
6 POLICY DRAFT officer social media activity effectively, it is imperative to enforce rules and regulations governing permissible content, with all posts requiring approval from a Public Affairs Officer. Personal account usage should be restricted to off-duty activities, and officers should adhere to a code of conduct when sharing information. Departmental Policy Outline Our department's policy on social media usage should encompass adherence to state and federal laws and regulations, among other considerations. The appropriate utilization of social media will be evaluated case by case to ensure it does not compromise public or officer safety. Various levels of clearance are necessary, and all posts must be approved by the Public Information Officer or the Chief of Police before sharing on any social media platform. As law enforcement officers, maintaining integrity while using social media in personal capacities is imperative. Officers are always representatives of the department, requiring a disclaimer on their social media accounts to clarify that their views do not necessarily align with those of the police department. Violations of these guidelines will lead to appropriate consequences, as disrespect towards the department and law enforcement agency will not be tolerated. Conclusion While there are no established rules and regulations governing officers' conduct on social media, it's essential for departmental policies to delineate what officers are allowed to post. While the First Amendment safeguards freedom of speech, it's imperative to discern when this freedom crosses ethical boundaries. Cyberbullying represents a form of social media misuse by law enforcement, yet when utilized appropriately, social media has demonstrated significant benefits. For instance, in cases of missing young girls or abducted children, law enforcement sharing their photos via social media could be pivotal in ensuring a safe return. When engaging
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7 POLICY DRAFT on any social media platform, it's crucial to consider actions that align with moral principles. As Jeremiah 1:9 conveys, "Then the LORD stretched out his hand and touched my mouth. And the LORD said to me, 'Behold, I have put my words in your mouth'" (King James Version, 1769/2017).
8 POLICY DRAFT References King James Bible. (2017). King James Bible Online. https://www.kingjamesbibleonline.org/ (Original work published 1769) Corrigan, H. (2020, December 21). ' Basically cyberbullying' : How cops abuse social media to publicly humiliate. The Appeal. https://theappeal.org/basically-cyberbullying-how-cops- abuse-social-media-to-publicly-humiliate/ Finklea, K. (2022, January 11). Law Enforcement and Technology: Using Social Media. FAS Project on Government Secrecy (1991-2021). https://sgp.fas.org/crs/misc/R47008.pdf Percy, N. (2021, April 27). New limits placed on LAPD officers' personal social media activity. Los Angeles Daily News. https://www.dailynews.com/2021/04/27/new-limits-placed-on- lapd-officers-personal-social-media-activity/