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Directory of Police Department Social Media Policies

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Directory of Police Department Social Media Policies

Reporting suggests police department social media monitoring is widespread. The Brennan Center is building a database of these policies as a public resource.

Rachel Levinson-Waldman

Last Updated: May 25, 2022

Published: September 8, 2021

Protect Liberty & Security
- Social Media

Protect Liberty & Security
- Social Media

While anecdotal reports and some surveys suggest that the use of social media by local law enforcement is widespread, few details are known about how most police and sheriffs’ departments use social media for criminal investigations, public safety, and other types of information collection.

Through online research, the Brennan Center identified 35 publicly available policies governing these tools. This analysis indicates that even where a police or sheriff’s department has a policy in place, it rarely offers practical guidance to officers or notice to the public regarding how their social media data might be collected or monitored. The policies are linked below and broken down into the following categories:

contemplated uses for social media and requirements, if any, for use in investigations
authorization required for, and prohibitions on, use of social media
rules governing situational awareness and other non-investigative purposes
limits on covert and undercover activities
language addressing constitutional rights
restrictions on officers’ use of personal devices and accounts.

Police Department Social Media Policies

Please send any policies not included here to: gutierrezj@brennan.law.nyu.edu

Key:

Police department with available social media policy

States:

Alabama

Alabama
Alaska

Alaska
Arizona

Arizona
Arkansas

Arkansas
California
California
- Policies and Procedures (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media could be used for criminal investigations but the policy does not specify intended parameters.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- Policy Manual (2020)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be used as an investigative tool to seek evidence or information regarding: missing persons, gang participation, wanted persons, crimes perpetrated online, and for photos or videos of a crime posted by a participant or observer.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts. When officers are posting on a departmental social media site in an administrative capacity or as an agency representative, they may not misrepresent any information and must identify themselves at the end of the post by name, badge number, and assignment.
  
  Language governing use of personal device or account:
  Any post on a social media site by a department member utilizing City Information Systems and/or accounts may be released as part of a public records request.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- Policy Manual (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy allows for social media to be used for investigative purposes but does not clarify contemplated uses or requirements for use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. The policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  “If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  Social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- Policy 600 – Investigation and Prosecution
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy allows for social media to be used for investigative purposes but does not clarify contemplated uses or requirements for use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. The policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  “If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  The policy states that social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- Social Media User Guide (2015),
  
  Procedures and Guidance for Official Department and Personal Social Media Accounts (2018),
  
  Procedures for the Preservation of Social Media Accounts for Investigative Purposes (2018),
  
  Emergency Operations Guide: Intelligence (2010),
  
  LAPD Social Media Policies (combined)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be used for “listening.” There are three primary recognized uses of social media: situational awareness (“passive and active searching for information impacting operations”), investigations, and community relations and engagement.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  The policy states that social media ought to be used for situational awareness but does not establish any rules for situational awareness efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  Personnel may use a fictitious online persona (FOP) without preapproval to look at trends and tactics or conduct research. Engaging in investigative activity with a FOP requires approval. The policy sets out a process for obtaining approval from a commanding officer to use a FOP or conduct online undercover activity. It does not set a time limit on use of FOPs or require a review at set intervals.
  
  Language governing use of personal device or account:
  The policy states: “Department personnel may use personal equipment to access information via social media sites when performing an authorized law enforcement mission with prior approval from the employee’s commanding officer.”
  
  Discussion of constitutional rights:
  Regarding the First Amendment, the policy states, “Social media sites are a platform for people to express themselves, including political and religious beliefs, or views on the government. The Department expressly recognizes the right of public expression. Employees should not interfere with the public’s right to free speech, with the exception of those categories of speech that are not constitutionally protected (i.e. bomb threats). In addition, Department personnel shall never act as agent provocateur (an individual employed, directed, encouraged or allowed to associate with target members or groups in order to incite them to illegal action).”
  
  Regarding the Fourth Amendment, the policy states: “Employees should comply with the Fourth Amendment protections as they might apply to password protected or otherwise private social media sites or forums. Case law is still developing in this area. Many social media posts are public, but employees must be mindful of what is legally accessible and consistent with community standards and expectations. Nothing in this Guide shall relieve employees from existing “Search and Seizure” laws and policies related to social media. In the absence of clearly defined standing legal direction, official guidance should be sought from prosecuting authority (i.e., City or District Attorney).”
- Napa County Sheriff’s Office Policy Manual (2019)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  For general criminal investigations, social media may be used as a tool. Use must comply with existing and applicable laws and policies regarding privacy, civil rights, and civil liberties. Information gathering should only occur while personnel is on duty and for purposes related to the mission of the department. The policy does not offer any additional guidance regarding investigative use.
  
  Prohibitions on use of social media:
  The policy specifies that “information obtained via the Internet should not be archived or stored in any manner other than department-established record keeping systems.” The policy does not contain any other prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  If personnel find information relevant to a criminal investigation while off-duty or using their own equipment, they should “note the dates, times, and locations of the information and report the discovery to [their] supervisor as soon as practicable.” Personnel should then “attempt to replicate the finding when on-duty and using department equipment.”
  
  Discussion of constitutional rights:
  “Office members shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.”
- Investigative Use of Social Media and Internet Sources (Lexipol 2017)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy does not explicitly approve or disapprove of certain uses of social media. The policy states that use of social media for criminal investigation must comply with applicable laws, the city’s internet use policy, and policies regarding privacy, civil rights and civil liberties. It also provides that the police department will “continually balance the use of investigative tools against concerns regarding unwarranted government surveillance. Information gathered via the Internet should only be accessed by members while on-duty and for purposes related to the mission of this department.”
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No supervisory approval is required to access information that does not require an account, password, email, address, or alias so long as the information is for a legitimate investigative purposes. Supervisory approval is required where accessing information from an internet source requires an account, password, email address, or alias.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts, though as noted above the policy does require supervisory approval for use of an alias.
  
  Language governing use of personal device or account:
  If personnel find information relevant to a criminal investigation while off-duty or using their own equipment, the employee should “note the dates, times, and locations of the information and report the discovery to his/her supervisor as soon as practicable.” Personnel should then “attempt to replicate the finding when on-duty and using department equipment.”
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- Pomona PD Policy Manual (2020)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy allows for social media to be used for investigative purposes. Specifically, social media may be used for finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes, to identify suspects or suspect groups in future hate crimes or hate incidents, and to predict future hate-based events.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. The policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  “Information that can be accessed from any department computer, without the need of an account, password, email address, alias or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval.”
  
  Limitations on undercover/covert activity:
  “Accessing information from any Internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report. Accessing information that requires the use of a third party’s account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report.”
  
  Language governing use of personal device or account:
  “If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  Social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- Policy Manual (2020)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy allows for social media to be used for investigative purposes, but generally does not clarify contemplated uses or requirements for use. The policy does state that social media may be used for finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes, to identify suspects or suspect groups in future hate crimes or hate incidents, and to predict future hate-based events.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. The policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  “If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  Social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- Policy Manual (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy allows for social media to be used for investigative purposes, but generally does not clarify contemplated uses or requirements for use. The policy does state that social media may be used for finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes, to identify suspects or suspect groups in future hate crimes or hate incidents, and to predict future hate-based events.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. The policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  Accessing any information that necessitates the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses requires prior supervisory approval.
  
  Language governing use of personal device or account:
  “If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  Social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- San Bernardino PD Policy Manual (2020)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be used for finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes, to identify suspects or suspect groups in future hate crimes or hate incidents, and to predict future hate-based events. There is no additional clarification on intended uses of social media.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigate efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- Social Media and Law Enforcement (2019)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Potential uses may include (but are not limited to): identification of criminal suspects and their associates, locating missing persons and runaway juveniles, and background investigations of prospective employees.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- Police Department Policies (2018)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy allows for social media to be used for investigative purposes, but generally does not clarify contemplated uses or requirements for use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. However, the policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  
  Accessing any information that necessitates the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses requires supervisor approval prior.
  
  Language governing use of personal device or account:
  Personnel may not do any “off the clock” work-related activities on their personal devices or accounts. The policy adds: “if a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  Social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- Policy Manual (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  
  The policy allows for social media to be used for investigative purposes, but generally does not clarify contemplated uses or requirements for use. The policy does state that social media may be used for finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes, identify suspects or suspect groups in future hate crimes or hate incidents, and/or predict future hate-based events.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. However, the policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigate efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  
  Accessing any information that necessitates the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses requires supervisor approval prior.
  
  Language governing use of personal device or account:
  “If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  Social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- Law Enforcement Division Policies (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  
  The policy allows for social media to be used for investigative purposes, but generally does not clarify contemplated uses or requirements for use. The policy does state that social media may be used for finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes, identify suspects or suspect groups in future hate crimes or hate incidents, and/or predict future hate-based events.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media. However, the policy cautions against intercepting social media communications in real time to avoid conflicts with wiretap laws.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  
  Accessing any information that necessitates the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses requires supervisor approval prior.
  
  Language governing use of personal device or account:
  “If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable.”
  
  Discussion of constitutional rights:
  Social media investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
- Policy Manual (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  
  The policy allows for social media to be used for investigative purposes, but generally does not clarify contemplated uses or requirements for use. The policy does state that social media may be used for finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes, to identify suspects or suspect groups in future hate crimes or hate incidents, and to predict future hate-based events.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- West Sacramento PD CA Policy Manual (2020)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  For general criminal investigations, social media may be used as a tool. Use must comply with existing and applicable laws and policies regarding privacy, civil rights, and civil liberties. Information gathering should only occur while personnel is on duty and for purposes related to the mission of the department. The policy does not offer any additional guidance regarding investigative use.
  
  For hate crimes specifically, the department may evaluate and monitor public social media sources to identify possible suspects, identify suspects or suspect groups in future hate crimes or hate incidents affecting individuals or communities that may be victimized, or predict future hate-based events.
  
  Prohibitions on use of social media:
  The policy specifies that “information obtained via the Internet should not be archived or stored in any manner other than department-established record keeping systems.” The policy does not contain any other prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  If personnel find information relevant to a criminal investigation while off-duty or using their own equipment, they should “note the dates, times, and locations of the information and report the discovery to his/her supervisor as soon as practicable.” Personnel should then “attempt to replicate the finding when on-duty and using department equipment.”
  
  Discussion of constitutional rights:
  “Office members shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.”
- Fremont PD Policy Manual (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  No specific uses for social media are set out. The use of social media information that does not require “an account, password, email address, alias or other identifiers” is permitted for criminal investigations without supervisory approval.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  Accessing information that requires the use or creation of an account, password, email address, alias, or the use of a nongovernment IP address requires supervisory approval. The supervisor is directed to review the justification for accessing the information and to consult with legal counsel as necessary to identify any policy or legal restrictions.
  
  Limitations on undercover/covert activity:
  Accessing information from any internet source that requires the creation of an account or alias, or requires the use of a nongovernment IP address, requires supervisor approval. The supervisor is directed to review the justification for accessing the information and to consult with legal counsel as necessary to identify any policy or legal restrictions. In addition, when the account or online identifier of a third party (such as an informant) is required in order to access information, the officer must obtain both supervisor approval and the voluntary consent of the third party.
  
  Language governing use of personal device or account:
  If an employee encounters information relevant to an investigation while they are off duty using their personal devices, the employee should note the dates, times, and locations of the information and report the discovery to their supervisor. The employee should, when practicable, attempt to replicate the finding when on-duty and using department equipment.
  
  Discussion of constitutional rights:
  The policy states that the use of social media to access information for criminal investigations must comply with applicable laws and policies regarding privacy, civil rights, and civil liberties.
Colorado
Colorado
- Social Media (2018)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy states that “social media is a valuable tool when seeking evidence or information regarding missing persons, wanted persons, gang activity, crimes perpetuated online and/or photographs or videos of a crime to assist in case solvability.” It does not offer any additional guidance regarding investigative use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigate efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  Investigative units may use non-official social media accounts for investigative purposes with the written permission of the Chief of Police.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Connecticut

Connecticut
Delaware

Delaware
District of Columbia
District of Columbia
- Social Media for Investigative and Intelligence-Gathering Purposes (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  
  The policy broadly endorses the use of social media for investigative and intelligence-gathering purposes; it permits “overt monitoring, searching, and collecting of information available in the public domain for any legitimate law enforcement purpose,” with no authorization from a supervisor required. In the context of “overt use,” which is not defined in the policy, department members may use “fictitious accounts created to monitor social media” as long as they do not use those accounts to “engage in conversation.”
  
  Prohibitions on use of social media:
  
  There are no blanket prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  
  The policy states that under certain (undefined) circumstances, members of five MPD divisions may request approval to use undercover accounts on social media “in the course of legitimate criminal investigations or intelligence collection efforts related to public safety or potential criminal activity.” The five divisions are the Criminal Investigations Division, the Intelligence Division, the Internal Affairs Division, the Narcotics and Special Investigations Division (NSID), and the Youth and Family Services Division. Members of these divisions must obtain approval from the NSID commander prior to using or creating an undercover account. Commanding officials are instructed to monitor the use of undercover accounts used by their members and conduct a documented review of all accounts every 30 days.
  
  Language governing use of personal device or account:
  
  Personnel may only use departmental or federal equipment for investigations involving social media.
  
  Discussion of constitutional rights:
  
  Officers will ensure that they adhere to the policies set forth in MPD’s procedures for investigations involving First Amendment activity when social media investigations overlap with First Amendment-protected activities. MPD has not produced or published these procedures, but a section of the DC Code on investigations involving First Amendment activities provides that officers must obtain written authorization from MPD personnel with Commander rank or above to undertake a preliminary inquiry or a criminal investigation involving First Amendment activities for a legitimate law enforcement objective. MPD officers may undertake preliminary inquiries without prior authorization in limited circumstances, including to gather information about future assemblies as they review notices and assembly plans. The code also states that MPD will safeguard the constitutional rights of all persons in all such investigations, including by adopting minimization procedures in all investigations and preliminary inquiries involving First Amendment activities.
  
  The DC Code also states that authorizations for investigations and preliminary inquiries involving First Amendment activities will be reviewed every 90 days by a panel of MPD commanding officers and that the Chief of Police is required to prepare an annual report for the DC Mayor and City Council regarding investigations and preliminary inquiries involving First Amendment activities. The report, at minimum, should detail the number of authorized and denied investigations, the number of law enforcement actions (e.g., arrests and prosecutions) taken as a result of such investigations, any violations of DC law by officers during investigations, and more. The Office of the DC Auditor also audits investigations and preliminary inquiries involving First Amendment activity on an annual basis.
- Policy for Criminal Research Specialists (2014)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  
  Criminal Research Specialists (CRSs) provide research and obtain data to assist DC Metropolitan Police Department (MPD) investigators working in the field, which includes surveillance and social media data to identify and locate suspects. CRSs may only use social media to seek information based on a criminal predicate or a threat to public safety, to assist in investigations and prosecutions, or for inclusion in criminal analysis and “situational awareness” reports.
  
  Prohibitions on use of social media:
  
  CRSs are prohibited from interacting with people whose social media accounts they are monitoring. CRSs are also prohibited from changing or altering CRS social media accounts unless instructed to do so by a supervisor.
  
  Specific rules for situational awareness or other non-investigative efforts:
  
  The policy permits use of social media for situational awareness reports.
  
  Authorization required for general use:
  
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  
  The policy does not mention undercover or covert activity.
  
  Language governing use of personal device or account:
  
  CRSs are prohibited from using their personal accounts for official MPD duties.
  
  Discussion of constitutional rights:
  
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Florida
Florida
- Social Media (2018)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be an investigative tool, pursuant to existing law. Social media may be used in investigating potential hires.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Georgia

Georgia
Hawaii
Hawaii
- Policy Number 2.72 Social Media (2019)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy states generally that social media “provides a valuable means of assisting the [Honolulu Police Department] with community outreach, problem-solving, investigations, crime prevention, and other related departmental goals and objectives.” The policy authorizes officers to use social media to conduct investigations if searches do not involve techniques that violate existing laws and with the authorization of the Chief of Police or a designee.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  Officers must obtain authorization from the Chief of Police or a designee before conducting investigations using social media.
  
  Limitations on undercover/covert activity:
  Officers using social media undercover must adhere to the guidelines set out in the manuals of operations for their respective elements.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Idaho

Idaho
Illinois
Illinois
- Use of Social Media (2012)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be used as an investigative tool to seek evidence regarding “missing persons, wanted persons, gang participation, crimes perpetrated online (i.e. cyberbullying, cyberstalking), and photos or videos of a crime posted by the participant or observer.” The policy does not offer any additional guidance regarding investigative use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- Use of Social Media Outlets (2020)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be used as an investigative tool to obtain information or evidence about:
  missing persons, wanted persons, gang violence and retaliation, and crimes perpetrated online (e.g., cyberbullying, cyberstalking);
  
  photos or videos of a crime posted by a participant or observer;
  
  criminal participation and retaliation;
  
  acquiring information or intelligence that may be useful for criminal investigations or allocating resources for public safety;
  
  aiding the coordination and deployment of police resources; and
  
  administrative and criminal investigations by the Bureau of Internal Affairs or criminal investigations by the Bureau of Detectives and the Bureau of Counterterrorism.
  
  Prohibitions on use of social media:
  The policy prohibits use of social media to “monitor a suspect for non-law enforcement purposes”; use of personal social media accounts to access an individual’s social media content; use of another individual’s personal account without their consent and supervisory approval; or use of social media to “create an alias account or identity, contact a suspect, or actively participate in any discussion with a suspect using said account without the approval of the highest-ranking exempt member the rank of chief or above within the member’s chain of command.”
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigate efforts.
  
  Authorization required for general use:
  Personnel may only use social media for a specific law enforcement purpose. Information must be publicly available through the social media platform. All information must be appropriately documented and forwarded to appropriate investigative unit.
  
  Limitations on undercover/covert activity:
  An alias account may be used with the approval of the highest-ranking exempt member at the rank of chief or above, within the member’s chain of command. Personnel applying for approval must complete an authorization form and file paperwork with the Chief, Bureau of Counterterrorism, who will also periodically monitor the alias account for adherence to Department Rules and Regulations.
  
  Language governing use of personal device or account:
  Personnel using social media as an investigative tool may not use their own personal social media account or personal account information to access social media content.
  
  Discussion of constitutional rights:
  The policy makes reference to ensuring compliance with the Department’s guidance documents on “The First Amendment and Police Actions,” “Other Police Action Which May Impact First Amendment Conduct,” and “Investigations Directed at First Amendment-Related Information”.
Indiana

Indiana
Iowa

Iowa
Kansas
Kansas
- Social Media (2016) and Investigations and Crime Scenes (2018)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be used in investigations for purposes including (but not limited to) the following: missing persons, wanted persons, gang participation, criminal activity generally, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of a crime posted by a participant or observer. The policy also states that public domain computer searches are a potential source of background information.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  The Bureau Commander must pre-authorize use of a fictitious account or identity as part of an investigation. The policy does not clarify what the authorization process is.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Kentucky

Kentucky
Louisiana

Louisiana
Maine

Maine
Maryland
Maryland
- General Order: Social Media Policy (2014)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy states: “Social media is a valuable investigative tool when seeking evidence or information about: missing persons, wanted persons, gang participation, crimes perpetrated online (i.e., cyberbullying, cyberstalking); and photos or videos of a crime posted by a participant or observer.” It does not offer any additional guidance regarding investigative use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  Use of personally owned devices in the course of official duties is prohibited without “express permission.”
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
  
  Associated Press
- Order: Social Media (2016)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  When it is believed that social media would assist in an ongoing investigation or intelligence collection effort, the chief of the criminal investigation division must consult with the Director of the Media Services Section. The policy does not set out any additional guidance on when or how social media may be used for investigative purposes.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Specific language on undercover/covert activity:
  “It may be appropriate for members to use non-official BPD social media accounts in the course of a legitimate criminal investigation, or in the course of intelligence collection efforts, related to public safety or potential criminal activity.” The police commissioner must approve in writing the use of non-official BPD social media accounts by investigative units, who must keep a log of all postings. Acceptable uses “for legitimate law enforcement purposes include a member creating and/or using a fictitious social media account, user profile, avatar or similar form of online identification.” It is unclear if a non-official BPD social media account is the same as a fictitious account.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- General Order: Social Media (2011)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy states that “social media can be a valuable investigative tool when seeking evidence or information about: missing persons, wanted persons, gang participation, crimes perpetrated online (i.e. cyberbullying, cyberstalking), and photos or videos of a crime posted by the participant or observer.” It does not offer any additional guidance regarding investigative use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Massachusetts

Massachusetts
Michigan
Michigan
- Social Media Policy (2015)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Employees may only use social media for valid investigative, analytical, or law enforcement purposes. Employees may use social media to seek or retain information that is:
  
  based upon a criminal predicate, a threat to public safety, or to assess an event that has the potential to threaten public safety;
  
  based on a reasonable suspicion that an identifiable individual has committed an identifiable criminal offense, is involved in, or is planning criminal conduct or activity that presents a threat to any individual, the community, or the nation, and the information is relevant to the criminal conduct or activity;
  
  relevant to the investigation and prosecution of suspected criminal incidents, the resulting justice system response, the enforcement of sanctions, orders, or sentences, or the prevention of crime; or
  
  useful in crime analysis or situational assessment reports for administration of criminal justice and public safety.
  
  Prohibitions on use of social media:
  Employees may not utilize social media to seek or retain information about: “individuals or organizations solely based on their religious, social, political opinions or activities, an individual’s participation in a particular non-criminal organization or lawful event, an individual’s religion, race, ethnicity, citizenship, place of origin, disability, gender, or sexual orientation, unless such information is relevant to the individual’s criminal conduct or activity, or if required to identify the individual, or an individual’s age other than to determine if the person is a minor, or to assist in correctly identifying an individual.” Employees are also prohibited from associating with known or suspected criminals electronically (or in person) except as a function of their assigned duties, and in the event of an unexpected encounter, employees are required to limit their exposure as much as possible.
  
  Personnel are prohibited from using Department-provided software, applications, or devices to perform investigations, checks, look ups, etc, on any personal business or matter of personal interest, or on any situation where there is not a valid law enforcement purpose.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No supervisory authorization is required for “overt monitoring, searching, and collecting of information in the Public Domain for any legitimate law enforcement purpose.” The term “public domain” includes “Social Media sites, news sites, or other widely available information sources.”
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  Employees, analysts, and sworn officers may not their own personal computers, internet accounts, or devices either from home or at work to conduct investigations or searches that are part of or related to their regular duties.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Minnesota
Minnesota
- Policy and Procedure Manual (2022); Social Media Policy Procedures (2019)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The Policy and Procedure Manual briefly states that social media (and covert profiles in particular) can be a useful investigative tool. The policy does not contemplate other uses.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general uses:
  The Policy and Procedure Manual states that certain officers may be authorized by the Police Administration to use social media for official investigative or work-related purposes but does not detail the process for officers to obtain authorization.
  
  Limitations on undercover/covert activity:
  The Policy and Procedure Manual broadly endorses the covert use of social media for investigative purposes without setting an approval process or limits for its use. All covert social media profiles must be registered with the Commander overseeing the Strategic Information Center, who conducts annual audits to ensure covert profiles remain active.
  
  Language governing use of personal device or account:
  The Social Media Policy Procedures prohibits the use of personal social media accounts for employees to communicate on behalf of the city, but it is unclear if this extends to conducting official law enforcement duties through personal social media accounts.
  
  Discussion of constitutional rights:
  The Social Media Policy Procedures states that City employees “[] administering City-Supported Social Media Sites must not participate in viewpoint discrimination and limit one’s free speech rights as granted by the First Amendment.”
Mississippi

Mississippi
Missouri

Missouri
Montana

Montana
Nebraska

Nebraska
Nevada

Nevada
New Hampshire

New Hampshire
New Jersey

New Jersey
New Mexico

New Mexico
New York
New York
- Use of Social Networks for Investigative Purposes: General Procedures (2012) and Revised Handschu Guidelines for Investigations Involving Political Activity (2017)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The general procedures state: “Data contained within social network sites may assist law enforcement in gathering timely information in furtherance of crime prevention, preservation of public order, and the investigation of criminal activity, including suspected terrorist activity.” It does not offer any additional guidance regarding investigative use.
  
  Prohibitions on use of social media:
  Under the Handschu decree, any NYPD investigation involving political activity must be initiated by and under the supervision of the Intelligence Division. Members of the NYPD “shall not conduct investigations on social networks involving political activity without the express written approval of the Deputy Commissioner, Intelligence.”
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  The general procedures state that prior authorization is never required for information publicly available on online sources. Authorization is also not required for general research, topical information, or other general uses that do not require an online alias.
  
  The Handschu Guidelines further state that the NYPD “is authorized to carry out general topical research, including conducting online searches and accessing online sites and forums as part of such research on the same terms and conditions as members of the public generally.” “General topical research” is defined as “research concerning subject areas that are relevant for the purpose of facilitating or supporting the discharge of investigative responsibilities. It does not include online searches for information by individuals’ names or other individual identifiers, except where such searches are incidental to topical research, such as searching to locate writings on a topic by searching under the names of authors who write on the topic, or searching by the name of a party to a case in conducting legal research.”
  
  Limitations on undercover/covert activity:
  Where an online alias would serve an investigative purpose (other than suspected terrorist activity), the general procedure policy sets out a process for obtaining approval from the commanding officer with notice to the bureau chief/deputy commissioner. Where an application for an online alias involves suspected terrorist activity, the Intelligence Division must be notified and given a chance to take over the investigation.
  
  Language governing use of personal device or account:
  Because of the ease of gathering information from an internet search, the general procedures recommend that members not use “personal, family, or other non-Department Internet accounts or ISP access for Department business.”
  
  Discussion of constitutional rights:
  The general procedures do not contain any language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
  
  The Handschu guidelines state: “[i]n its effort to anticipate or prevent unlawful activity, including terrorist acts, the NYPD must, at times, initiative investigations in advance of unlawful conduct. It is important that such investigations not be based solely on activities protected by the First Amendment. It is also important that investigations not intrude upon rights of expression or association in a manner that discriminates on the basis of race, religion, or ethnicity, where such discrimination is a substantial or motivating factor for the investigation.” The guidelines also state that privacy concerns must be weighed when pursuing an investigation.
North Carolina

North Carolina
North Dakota

North Dakota
Ohio
Ohio
- Social Media (2013) and Real Time Crime Center Information Requests (2012)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be used for various departmental objectives, including investigative. The policy does not offer any additional guidance regarding investigative use.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  Employees must be authorized by the section or bureau commander to use social media in a covert capacity. Individuals acting in a covert capacity must use designated computers or devices and may not use a privately owned device. Personnel “may not take on the identity or use the personal information or likeness/photograph of another without that person’s consent.”
  
  Language governing use of personal device or account:
  Use of personally owned devices to conduct official duties is prohibited without prior approval. Personnel may never conduct covert social media investigations from privately owned devices.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Oklahoma

Oklahoma
Oregon

Oregon
Pennsylvania
Pennsylvania
- Guidelines for the Use of Social Media by the PPD/DVIC (2015)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Personnel may use social media for valid law enforcement purposes: crime analysis and situational assessment reports, criminal intelligence development, criminal investigations, and public safety.
  
  Employees may use social media to seek or retain information that:
  is based upon a criminal predicate or threat to public safety;
  
  is based upon reasonable suspicion that an identifiable individual or organization has committed a crime or is involved in or is planning criminal conduct or activity that poses a threat to an individual, the community, or the nation, and the information is relevant to the criminal conduct or activity;
  
  is relevant to investigation and prosecution of suspected crimes, the resulting justice system response, the enforcement of sanctions, orders, or sentences, or the prevention of crime; or
  
  is useful in crime analysis or situational assessment reports for the administration of criminal justice and public safety.
  
  Prohibitions on use of social media:
  Social media may not be used to seek or retain information about: individuals or organizations solely on the basis of religion, political association, social views or activities; an individual’s participation in particular non-criminal organization or lawful event; an individual’s race, ethnicity, citizenship, place of origin, disability, gender, or sexual orientation, unless relevant to the individual’s criminal conduct or activity or if required for identification; and an individual’s age, other than to determine if person is a minor.
  
  Specific rules for situational awareness or other non-investigative efforts:
  The policy states that “crime analysis and situational assessment reports may be prepared for special events management, including First Amendment-protected activities.” Portions of this section are redacted.
  
  Authorization required for general use:
  No authorization is required for “general research, topical information, or other law enforcements uses” in the public domain.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  The “use of employee’s personal or family internet accounts, social media or internet service for official PPD/DVIC business is prohibited.”
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- General Order: Social Media (2014)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy states that “social media is a valuable investigative tool when seeking evidence or information about missing, wanted or endangered persons, gang participation, crimes perpetrated online (i.e., cyber bullying, cyber stalking) and photographs or videos of a crime posted by a participant or an observer.” No additional language governing use for investigative purposes is provided.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  No language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
- Social Media and Networking (2012)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  Social media may be useful in “meeting several police strategies, including, but not limited to, community outreach, problem-solving, investigations and crime prevention.”
  
  Prohibitions on use of social media:
  No limitations on use of social media to collect information or for the purpose of investigations or crime prevention. Departmental personnel “may not speak about pending prosecutions, otherwise disseminate confidential information, or conduct political activities or private business on social media in their official capacity as employees.”
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language regarding undercover/covert activity.
  
  Language governing use of personal device or account:
  When on duty, personnel may not use their privately owned devices to use social media. When not acting in their official capacity as department personnel, employees may not use social media to represent the department or government.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Rhode Island

Rhode Island
South Carolina

South Carolina
South Dakota

South Dakota
Tennessee

Tennessee
Texas
Texas
- Austin Police Department General Orders (2021)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy provides that social media may be used only for a “valid law enforcement purpose,” which includes “crime analysis and situational assessment reports; criminal intelligence development; or criminal investigations.” The policy goes on to say that police department employees may only “seek or retain” information on social media when the information is “based on a criminal predicate or threat to public safety, is relevant to the investigation and prosecution of suspected criminal incidents, resulting justice system response, enforcement of sanctions, orders, or sentences, or the prevention of crime; or is useful in crime analysis or situational assessment reports for administration of criminal justice and public safety.” The policy also permits the use of social media when there is “reasonable suspicion that an identifiable individual or organization” is engaged in criminal conduct or poses a threat to others and the information to be obtained from social media is “relevant to the criminal conduct or activity.” The policy directs officers to evaluate social media for reliability and validity.
  
  Prohibitions on use of social media:
  The policy prohibits the use of social media to “seek or retain information” about individuals or organizations based on a variety of protected categories. These include religion, political association, social views or activities, race, ethnicity, citizenship, place of origin, disability, gender, or sexual orientation (except, for the categories from race through sexual orientation, where those characteristics are “relevant to individual’s criminal conduct or activity” or are needed for identification). Social media also may not be used to collect or retain information about an “individual’s participation in particular non-criminal organization or lawful event,” or about an individual’s age, unless to determine if the person is a minor.
  
  Specific rules for situational awareness or other non-investigative efforts:
  Crime analysis and situational assessment reports may be used for “special events management, including First Amendment-protected activities.” If there is no related criminal activity, social media information must be deleted within 14 days.
  
  Authorization required for general uses:
  No authorization is required for “general research, topical information, or other law enforcement uses” as long as those uses do not require an online alias.
  
  Limitations on undercover/covert activity:
  Use of an online alias requires a criminal predicate or threat to public safety, or reasonable suspicion that an identifiable individual or organization has committed a crime or is involved in or is planning criminal conduct or activity that presents a threat to an individual, the community, or the nation, and the information is relevant to the criminal conduct or activity.
  
  Employees must get approval from their supervisor to use an online alias, based on an evaluation of whether an online alias would serve a valid law enforcement purpose. The policy sets out a specific approval process and requires deconfliction through the local fusion center (the Austin Regional Intelligence Center). All approved undercover activity requests must be reviewed at least every 90 days by a supervisor and will be discontinued if the activity does not provide information regarding a valid law enforcement purpose. Employees with an approved online alias can use it to “make false representations in concealment of personal identity in order to establish social media accounts.”
  
  The policy specifies that “online undercover activity” entails interaction with an individual online, not simply surveillance. Employees may only undertake online undercover operations “when there is reason to believe that criminal offenses have been, will be, or are being committed (e.g., internet chat rooms where child exploitation occurs).”
  
  Language governing use of personal device or account:
  The policy does not contain language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights:
  The policy states that the Austin Police Department “will not seek or retain information about [] [i]ndividuals or organizations solely on the basis of their religion, political association, social views or activities [or an] individual’s participation in a particular non-criminal organization or lawful event.” The policy states that the department will not use social media to seek or retain information on an individual based on their protected characteristics unless they are “relevant to the individual’s criminal conduct or activity or if required to identify the individual.”
  
  The policy allows officers to use social media monitoring tools to prepare crime analysis and situational awareness reports for special events, including First Amendment-protected activities, but states that information related to an event obtained through the social media monitoring tool will not be retained for more than 14 days if there was no criminal activity.
- El Paso County Sheriff’s Office Policy Manual (2018)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  No guidance on how social media may be used for investigative purposes.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigate efforts.
  
  Authorization required for general use:
  No supervisory approval is required to access information on social media for investigative purposes where access does not require an account, password, email address, or alias. Where accessing information requires an account, password, email address, or alias, supervisory permission is required.
  
  Limitations on undercover/covert activity:
  No language on the use of undercover or covert social media accounts.
  
  Language governing use of personal device or account:
  If personnel find information relevant to a criminal investigation while off-duty or using their own equipment, they should “note the dates, times, and locations of the information and report the discovery to his/her supervisor as soon as practicable.” Personnel should then “attempt to replicate the finding when on-duty and using department equipment.”
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Utah
Utah
- Investigative Use of Social Media and Internet Sources (Lexipol 2019); First Amendment Assemblies (Lexipol 2019)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  During the course of an investigation, if an officer finds the social media profile of a victim, witness, or suspect, he or she can use social media to contact the person, using the officer’s own name (but not a personal account) or an alias. If the officer establishes contact with the subject, he must immediately identify himself and provide his contact information. Officers are also supposed to “consider whether contacting the subject in this manner will reveal an individual’s cooperation with law enforcement and whether that will pose an undue risk to that individual’s personal safety. Members must consider the implications of this type of contact for the case being investigated.”
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  The policy directs that “in order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted,” including “assessing social media outlets.”
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  Immediate supervisors must authorize the use of an online alias, which may be used to obtain information that is:
  Based upon a criminal predicate or a threat to public safety,
  
  Based upon reasonable suspicion that an identifiable individual or organization has committed a crime, is involved in, or is planning criminal activity that presents a threat, and said information is relevant to the criminal activity,
  
  Is relevant to investigation and prosecution of suspected criminal incidents or prevention of crime, or
  
  Is useful in crime analysis or situational assessment reports for the administration of criminal justice and public safety.
  
  Language governing use of personal device or account:
  If personnel find information relevant to a criminal investigation while off-duty or using their own equipment, they should “note the dates, times, and locations of the information and report the discovery to his/her supervisor as soon as practicable.” Personnel should then “attempt to replicate the finding when on-duty and using department equipment.” Personnel may not use personal accounts to make contacts with victims, witnesses, or suspects.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
Vermont

Vermont
Virginia

Virginia
Washington
Washington
- Social Media (2019)
  
  Contemplated uses for social media (other than public-facing use) and requirements for use in investigations:
  The policy states, “The Department endorses the secure use of social media as described below to enhance community engagement, information distribution, and neighborhood safety.” There is no additional guidance on how social media may be used for investigative purposes.
  
  Prohibitions on use of social media:
  No prohibitions on the use of social media.
  
  Specific rules for situational awareness or other non-investigative efforts:
  No rules for situational awareness or other non-investigative efforts.
  
  Authorization required for general use:
  No authorization requirement for non-covert uses.
  
  Limitations on undercover/covert activity:
  No language regarding undercover/covert activity.
  
  Language governing use of personal device or account:
  Employees using non-official social media accounts for investigative purposes must obtain the written permission of the Chief of Police. Employees who are approved for use must keep a log of all social media postings to the non-official account.
  
  Discussion of constitutional rights:
  No language addressing the possible impact of the collection or viewing of social media upon individuals’ or groups’ constitutional rights.
West Virginia

West Virginia
Wisconsin

Wisconsin
Wyoming

Wyoming

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Informed citizens are our democracy’s best defense.

Informed citizens are our democracy’s best defense.

Police Department Social Media Policies

Key:

Police department with available social media policy

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