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Directory of Police Department Social Media Policies

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Directory of Police Department Social Media Policies

While many departments have policies addressing the use of social media data, most are too permissive or provide little transparency about actual practices.

Rachel Levinson-Waldman

Last Updated: February 7, 2024

Published: September 8, 2021

Protect Liberty & Security
- Social Media

Protect Liberty & Security
- Social Media

Surveys and anecdotal reports suggest that the use of social media by state and local law enforcement is widespread, with a number of police departments reporting that they use social media to “listen” to activity online or to monitor and gauge public sentiment. Little has been known, however, about the rules in place to govern how police monitor, collect, or use social media data for criminal investigations, public safety, situational awareness, or event planning, or whether there are common trends across departments.

In 2021, to try to fill that gap, the Brennan Center analyzed a set of police department policies governing social media use to assess both the public availability of these policies and their scope and rigor. As of February 2024, we have updated this resource to include a comprehensive survey of law enforcement agencies across the country.

The Brennan Center researched 328 law enforcement agencies serving every incorporated city with a population greater than 100,000. We found that 162 agencies, or 49 percent, have policies available on their website that address the use of social media by department employees to view or collect information for a range of purposes. Few of the policies offer concrete, practical guidance to department employees or notice to the public regarding how their social media data might be collected, monitored, or retained, and many do not disclose the rules governing the use of undercover accounts or include safeguards for First Amendment–protected activities.

Moreover, there is no reliable way to assess whether the agencies that lack publicly available policies do not use social media for investigative or other purposes, do use social media for those purposes and have not published their policies, or use social media but have no written guidance in place at all.

Key findings:

Though 97 percent of the policies describe the relevant purposes for which the departments will use social media, few provide details beyond simply noting that social media can be useful as an investigative tool. They often do not clarify, for example, whether social media can be used for general research or if it must support an ongoing case.
Barely over 20 percent of the policies require employees to obtain authorization to use social media in general. And fewer than half the policies (74 out of 162) articulate standards for how officers should use social media in investigations, meaning that the majority of the departments contemplate using social media for investigations but put no guardrails in place. Additionally, only 8 police departments have publicly available rules in place governing uses of social media outside of criminal investigations, which can include using online information to inform the police response to public assemblies and for general situational awareness.
92 policies have some language addressing the use of fake accounts, with all but four of those requiring department employees to obtain authorization to conduct covert or undercover activities on social media. Of the policies requiring supervisory approval, however, almost 80 percent do not set out any additional procedural measures or guardrails, such as regular, ongoing reauthorization of alias accounts, audits to detect misuse, or limits that would restrict their use to a narrow set of serious crimes. Many policies are simply silent on covert use, making it difficult to gauge how many departments authorize or quietly sanction the use of these practices.
Though 49 percent of the policies include language requiring employees to avoid violating the public’s civil rights, civil liberties, or privacy, the vast majority of these rely on boilerplate language and fail to offer meaningful guidance.

The policies are linked in the map below, broken down by the following categories:

contemplated uses for social media (outside of purposes that are related to hiring or public-facing communications);
processes for overt uses of social media and requirements for investigative and non-investigative uses;
limitations on covert or undercover uses of social media, including authorization requirements;
language governing the use of personal devices or accounts;
any additional explicit prohibitions on the use of social media; and
discussion of constitutional rights.

Police Department Social Media Policies

All policies were permalinked between October 2023 and January 2024. Please send any updated policies or 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
- Social Media Policy (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, graffiti, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that department employees must seek approval to use social media for investigations from the precinct or bureau commander or administrator, and that the use of publicly available material from social media must be approved by the Public Affairs Bureau administrator or their designee. However, it also states that if a department employee wants to use a social media site to obtain evidence of a crime through investigative work, they do not require the Public Affairs Bureau administrator’s approval.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  To access material on social media that is “not of a public nature (data extraction, undercover work),” the policy refers to the department’s Operations Order on Computers, which states that department employees investigating criminal activity may be authorized to access “chat rooms, bulletin boards, gambling, and adult sites that are off limits to all other department internet users.” It adds that “data extraction” is one such activity that is “not of a public nature,” which would require additional authorization. The policy does not outline the authorization procedure for these activities.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that accessing social media using an undercover account requires prior approval through the precinct or bureau commander or administrator.
  
  Requirements or limitations on covert uses of social media
  
  To access material on social media that is “not of a public nature” — which includes “undercover work” — the policy refers to the department’s Operations Order on Computers, which states that department employees investigating criminal activity may be authorized to access “chat rooms, bulletin boards, gambling, and adult sites that are off limits to all other department internet users.” The policy does not outline the authorization procedure for these activities.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personal devices, including cell phones or personal recording devices, other than those preapproved by the department, “to record, upload, transfer, or share crime scene photographs or any other items of evidence obtained in the course of their duties, except in furtherance of an authorized departmental criminal or internal investigation.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media Protocols and Procedures (2019), Hate Crimes and Incidents (2022)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media protocols and procedures policy endorses the use of social media for investigative outreach, crime prevention, problem-solving, and “other related objectives,” but it does not elaborate further on contemplated uses. According to the hate crimes and incidents policy, social media is a permitted source of evidence in the course of investigations of hate crimes and incidents.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The social media protocols and procedures policy requires department employees to obtain supervisory approval to use social media while on duty.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The social media protocols and procedures policy states that social media use must be conducted in “accordance with state and federal law, applicable City of Mesa management policies and personnel rules as well as Mesa Police Department policies,” including the department’s management policy on social media (not publicly available), computer use protocols policy (not publicly available), background social media release waiver (not publicly available), and code of conduct. However, none of the policies that are publicly available articulate clear and actionable guidelines and requirements for the use of social media for investigations.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements or limitations on covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The social media protocols and procedures policy prohibits department employees from using their work email addresses to register for personal social media accounts and from using personally owned devices to “manage the department’s social media activities” without authorization from the chief of police or their designee.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The social media protocols and procedures policy states that social media use must be conducted in “accordance with state and federal law, applicable City of Mesa management policies and personnel rules as well as Mesa Police Department policies,” including the code of conduct, which states that the department’s “‘fundamental duty . . . [includes] to respect the constitutional rights of all persons to liberty, equality, and justice.’” The policies do not otherwise address constitutional rights.
- Social Media (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  To access social media sites while on duty, the policy requires department employees to have authorization and/or use it as part of their official duties. It is unclear whether employees must always obtain authorization to use social media as part of their official duties.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy allows exceptions to outlined restrictions for department employees “conducting authorized official activities (e.g., investigations) approved by a division commander.” Among others, these restrictions include “practic[ing] honesty and integrity in online interactions” and “post[ing] information that is verifiable, factual and accurate.” The policy does not elaborate further on the authorization process for or restrictions on investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice. The policy allows exceptions to outlined restrictions for department employees “conducting authorized official activities (e.g., investigations) approved by a division commander.” These restrictions include “practic[ing] honesty and integrity in online interactions” and “post[ing] information that is verifiable, factual, and accurate,” among others, potentially endorsing covert activities on social media. The policy does not elaborate further on the authorization process for or restrictions on investigative uses of social media, including those that are covert.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy states that “search methods shall not involve techniques that are a violation of existing law,” but it offers no details on what such violations may encompass.
  
  Language governing use of personal devices or accounts
  
  Unless doing so is related to official duties, the policy states that department employees may only access social media “during meal/break periods.” It prohibits department employees from using personally owned devices to “manage the department’s social media activities without approval from the chief of police or [a] designee, and [without] installation of the proper mobile device management application provided by IT.” It is unclear what “department’s social media activities” encompasses. The policy also advises department employees to consult with a document, ADM-34 Wireless Access Devices, for guidance regarding “personally owned wireless access devices for messages and postings on social media.”
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media and Networking (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy notes that it is not “intended to deter or prohibit [department] employees from participating [in], accessing, or posting on [social media] to accomplish a law enforcement objective.” It does not offer further details.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy prohibits department employees from using city-owned equipment, such as computers or phones, to access social media unless they obtain written permission from their supervisor and/or are “participating in an active criminal investigation and the postings are part of that investigation.” It is unclear whether department employees participating in active criminal investigations are exempt from obtaining authorization to use social media for investigative purposes. The policy does permit employees “specifically authorized by the department to monitor social networking and media sites” to “observe or review target websites for . . . viable information.”
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees may not view, respond to, or update personal social media sites while on duty or use personally owned devices unless doing so is “in the furtherance of official duties.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Arkansas
Arkansas
- Social Media and Networking (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about things such as missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for crime prevention.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy generally authorizes department employees to access law enforcement social media while on duty “to accomplish a law enforcement objective.”
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media. Notably, it states that “the limitations regarding personal conduct, identifying as [a department] employee, etc.” do not apply to detectives using social media in an “active investigation.” Other requirements that department employees using social media as part of an investigation may potentially be exempt from include adhering to departmental standards of conduct, accepted protocols, and “proper decorum.”
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media. Notably, it states that “the limitations regarding personal conduct, identifying as an employee, etc.,” do not apply to detectives using social media in an “active investigation.” Other requirements that department employees using social media as part of an investigation may potentially be exempt from include adhering to departmental standards of conduct, accepted protocols, and “proper decorum.” The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personal devices or accounts while on duty unless they are “participat[ing] in an active criminal investigation and the postings are part of the investigation,” have obtained “authorization from the chief’s office or division commander,” or are “participat[ing] in law enforcement websites.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
California
California
- Many California law enforcement agencies appended to their department manuals the state’s May 2019 hate crimes model policy, developed by California’s Commission on Peace Officer Standards and Training (POST), which sets minimum standards to “assist with the development and delivery of training and ensure proper identification, investigation, and reporting of hate crimes within each agency’s jurisdiction.” Among other requirements, the hate crimes model policy directs agencies to monitor and collect information from social media to help prevent and investigate hate crimes. Any agency that creates a hate crimes policy or updates its existing policy after July 1, 2019, is required to incorporate the contents of the model policy, and any law enforcement agency that appended the model policy presumably also incorporated its requirements. In October 2023, the commission revised its model policy once more, requiring all California law enforcement agencies to incorporate the updated contents into their hate crimes policies by July 1, 2024.
- Investigative Use of Social Media and Internet Source, Hate Crimes
  
  (See pp. 479 and 321 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval must be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval must be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that information gathered from the internet should only be accessed while department employees are on duty and only for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use 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. The policies do not otherwise address constitutional rights.
- Department Use of Social Media, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 31, 376, and 833 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy only addresses public-facing uses and states that the use of social media for criminal investigations is governed by the investigation and prosecution policy, which is not publicly available. The hate crimes policy states that hate crimes investigators may examine a suspect’s social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The department use of social media policy states that department employees should “ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.” The policies do not otherwise address constitutional rights.
- Department Use of Social Media, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 621, 337, and 695 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy only addresses public-facing uses and does not specify which policy governs the use of social media as part of a criminal investigation. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may examine a suspect’s social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The use of social media policy states that department employees should “ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.” The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Special Order 2020–0006, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 501, 867, and 1105 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The investigative use policy allows information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier to be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval must be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The investigative use policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval must be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that information gathered from the internet should only be accessed while department employees are on duty and only for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Special Order 2020–0006 states that the police department must obtain approval from Berkeley’s City Council before “seeking, acquiring, sharing, or using” surveillance technologies, such as social media monitoring software, except in exigent circumstances, which the policy defines as “an emergency involving danger of death or serious bodily injury to any person, or imminent danger [of] significant property damage [that] requires the use of Surveillance Technology or the information it provides” based upon a “good faith belief.” If a Berkeley police department employee believes they need to use a surveillance technology that the City Council has not approved to address an exigent circumstance, they must submit their request to the chief of police, who will submit the request to the city manager for approval. The city manager must provide the City Council with notice of the use of the surveillance technology within 30 days following the “commencement of [the] exigency.”
  
  Discussion of constitutional rights
  
  The investigative use 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. The policies do not otherwise address constitutional rights.
- Department Use of Social Media (2021), Employee Speech, Expression, and Social Networking (2014)
  
  (See pp. 457 and 1078 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The employee speech, expression, and social networking policy endorses social media as a valuable investigative tool for seeking evidence regarding missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime, as well as for problem-solving and crime prevention. It also contemplates using social media for “developing criminal intelligence.” The department use of social media policy only addresses public-facing uses and states that the use of social media for criminal investigations is governed by the investigation and prosecution policy, which is not publicly available. It is unclear whether the investigation and prosecution policy contains identical guidance to the employee speech, expression, and social networking policy and, if not, whether and how one supersedes the other.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The employee speech, expression, and social networking policy states that department employees require authorization to “use department computers . . . to access social media,” including for work-related access. Investigative personnel do not require “specific authorization” to conduct “general searches” for authorized law enforcement purposes that “do not require the use of an online alias.” (It is unclear whether investigative personnel are completely exempt from obtaining authorization or if the policy merely does not require “specific authorization” to conduct investigative activities using social media.)
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The employee speech, expression, and social networking policy states that the use of an online alias as part of an investigation requires express written approval from the Investigation Division commander. The request for approval must contain the name of the department employee requesting the online alias, the purpose of the request, the expected duration (if known), the identities to be used for the online alias (e.g., email address, username, and date of birth), and any photographs to be used (if applicable). In exigent circumstances, a supervisor may provide verbal approval to use an online alias; in such cases, the supervisor must submit written documentation of the circumstances to the Investigation Division commander as soon as is practicable.
  
  Requirements or limitations on covert uses of social media
  
  The employee speech, expression, and social networking policy states that department employees conducting activities on social media covertly must maintain a record of such activities. The relevant unit’s supervisor must regularly inspect such activities to evaluate whether covert activities remain necessary and to ensure that they conform to applicable laws and policies. The policy further states that upon termination of an online alias’s use, the department employee should maintain records in the case file for at least two years.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The department use of social media policy states that department employees should “ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.” The policies do not otherwise address constitutional rights.
- Department Use of Social Media, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 358, 219, and 859 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy only addresses public-facing uses and states that the use of social media for criminal investigations is governed by the investigation and prosecution policy, which does not address the use of social media for criminal investigations. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The department use of social media policy states that department employees should “ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.” The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 520, 194, and 816 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 556 and 875 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Department Use of Social Media, POST Hate Crimes Model Policy* (2019)
  
  (See p. 266 and 614 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy does not address social media for criminal investigations; it directs readers to consult the appropriate section of the policy manual regarding online criminal investigations, which is not publicly available. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The department use of social media policy does not detail an authorization process for non-covert uses of social media. It states that members of the social media program under the chief of police may assist in criminal investigations pertaining to social media when requested.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The department use of social media policy states that authorized department employees should “receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination, and retention of information posted on department sites.” It does not otherwise address constitutional rights.
- Social Networking Policy (2010)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that department employees conducting “official investigations which are part of their normal duty assignment are specifically authorized to use social networking websites to aid in their investigations.” It does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy authorizes department employees who conduct criminal investigations as part of their normal duty assignments to use social media for those investigations. It contemplates the use of “pseudonyms” for investigative activities on social media, but it does not detail an authorization process for using pseudonyms.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy authorizes the use of pseudonyms for investigative activities on social media, but it does not detail an authorization process for using pseudonyms.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 487, 205, and 779 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigation and Prosecution, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 455, 189, and 805 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy directs the reader to consult the investigation and prosecution policy regarding the use of social media in criminal investigations; however, the relevant section within this policy is completely redacted. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The unredacted portions of the policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The unredacted portions of the policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The unredacted portions of the policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The unredacted portions of the policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The unredacted portions of the policies do not impose requirements for covert uses of social media.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigation and prosecution policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Language governing use of personal devices or accounts
  
  The unredacted portions of the policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights
  
  The unredacted portions of the policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 463, 191, and 689 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 439 and 730 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use of social media policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The investigative use of social media policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use of social media policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use of social media policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use of social media policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use of social media policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See p. 449, 184, and 690 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, the policy requires department employees to obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes
  
  (See p. 4 of the PDF document for the investigative use of social media and internet sources policy.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Gang Documentation and Intelligence Files (2020)
  
  (See p. 519 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that officers in the Special Investigations Division’s Gang Unit can use material on social media as evidence to designate individuals as gang members and gather intelligence on gangs and criminal activity. A person may be designated as a gang member if the investigator finds evidence supporting at least two of the enumerated criteria, which include “associating with documented gang members,” “displaying gang symbols and/or hand signs,” and “frequenting gang areas.” No other contemplated uses are outlined.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that officers using “social media criterion” must “evaluate context, frequency of posts, corroborating intelligence,” and the reliability of materials they find on social media. A suspected individual may be documented as a gang member under any two criteria listed in the policy, including social media, and then added to the CalGangs database. Social media as a criterion is to be closely evaluated before being used as a determinant of an individual’s association with a gang. All documentation must be approved by the Gang Unit sergeant, and an individual will be taken off the CalGangs database if there is no documented gang activity over five consecutive years.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media upon individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 548. 213, and 927 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policy does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes
  
  (See p. 5 for the investigative use of social media and internet sources policy.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Department Use of Social Media (2021), Hate Crimes (2020)
  
  (See pp. 721 and 230 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy endorses social media as an investigative tool to seek the following evidence or information: “personal associations, friends and/or acquaintances of criminals[] or wanted persons”; “gang participation and affiliation”; “criminal activities”; “photos or videos of a crime posted by a participant or observer”; and information to corroborate or substantiate “information from other sources.” The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The unredacted portions of the policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The unredacted portions of the policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The unredacted portions of the policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  According to the department use of social media policy, the investigating officer must gain approval from the bureau commander before creating a social media account for investigative purposes. The bureau commander or their designee is responsible for establishing and “coordinat[ing]” approved social media accounts.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The department use of social media policy prohibits its employees from using social media to seek or retain information based solely on an individual’s or group’s religious, political, or social views, about individuals’ “participation in a non-criminal organization or lawful event,” or an individual’s protected characteristics, “[u]nless such information is relevant to identify the individual’s connection to criminal conduct or another public safety purpose.”
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 465, 189, and 715 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 513, 218, and 821 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Department Use of Social Media (2017), Hate Crimes (2020), POST Hate Crimes Model Policy* (2019)
  
  (See pp. 356, 256, and 904 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy does not address the investigative use of social media and directs the reader to consult the investigation and prosecution policy, which does not include any language on using social media to further criminal investigations. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Department Use of Social Media, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 277, 184, and 713 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy does not address the investigative use of social media and directs the reader to consult the investigation and prosecution policy, which does not include any language on using social media to further criminal investigations. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Department Use of Social Media, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 217, 162, and 388 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy does not address the investigative use of social media and directs the reader to consult the investigation and prosecution policy, which is not publicly available. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes
  
  (See p. 3 for the investigative use of social media and internet sources.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. (Portions of the investigative use policy are improperly redacted; they can be read by selecting, copying, and pasting the redacted text into a separate document.) The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  According to the investigative use policy, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Social Media Investigative Accounts (2021)
  
  (See p. 99 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses using social media as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires authorization from a division commander to create and use a social media account for investigative purposes. It states that department employees should provide their supervisor with the username and password of the account, and that the supervisor should retain a list of social media accounts and passwords. The deputy chief of each bureau should ensure that an annual review of social media accounts for investigative purposes is conducted.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees should only create and use a social media account for investigative purposes with authorization from their division commander. Employees should provide their supervisor with the username and password of the account, and the supervisor should retain a list of social media accounts and passwords. The deputy chief of each bureau should ensure that an annual review of social media accounts for investigative purposes is conducted.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media User Guide (2015), Procedures for the Preservation of Social Media Accounts for Investigative Purposes (2018), Intelligence Guidelines for Major Crimes Division Anti-Terrorism Intelligence Section (2012)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media user guide states that social media may be used as an investigative tool to collect evidence for criminal cases; for “listening” (i.e., continuously searching through social media to find information that may be relevant to the department or to an investigation); and for situational awareness (i.e., “passive and active searching for information impacting operations”).
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The social media user guide does not mention an authorization requirement for “listening.” It states that department employees using a fictitious online persona for online investigative activity (i.e., “for the purposes of identifying and examining trends and tactics, developing profiles, or conducting research”) should obtain their commanding officer’s approval in advance. If prior approval was not obtained, the employee should notify their supervisor as soon as possible. Approval may be granted over the phone, and the supervisor must initial the approval document as soon as is practicable. The approval should be documented and maintained by the requesting employee.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The social media user guide states that department employees should evaluate information obtained through social media for the source’s reliability and the content’s validity. When material from social media is evidence of a crime or material to an investigation, the information should be printed out and retained in the investigation case package and preserved digitally such that it may be shared during discovery. All communications obtained using a fictitious online persona that are material to investigations must be documented on follow-up investigation or chronological record documents.
  
  The intelligence guidelines state that department employees may examine public records, likely including social media, and conduct monitoring and surveillance (though the latter must be approved by the commanding officer of the Major Crimes Division) for initial lead investigations. The guidelines define initial lead investigations as a prompt and limited follow-up of initial leads, many of which are initiated by the public. Initial lead investigations should be completed within 60 days of a specific lead’s receipt; the commanding officer of the Major Crimes Division may grant two 60-day extensions “when articulable circumstances exist . . . beyond the control of the investigating officer” prevent ongoing investigative efforts. All investigative material related to the initial lead investigation, outside of the initial lead face sheet, should be purged, and all personally identifiable information should be redacted from the initial lead face sheet.
  
  The procedures for preserving social media accounts memo states that department employees who discover social media accounts that are relevant to a preliminary investigation should document the account information in the narrative portion of the investigative report. Account information may include “true names, monikers/AKAs, usernames, email addresses, and full website links.” The memo also notes that preservation requests (i.e., official requests to take all necessary steps to preserve records and other evidence pending a search warrant or an affidavit declaring intent to file a warrant) should be submitted to social media providers for accounts that have potential digital evidence.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The social media user guide defines online undercover activity as “the use of a fictitious online persona to engage in ongoing interactive communication . . . over the internet with an identified person or group . . . related to an ongoing investigation.” The guide instructs department employees using fictitious online personas or conducting online undercover activity for investigations to obtain prior approval from their commanding officer, or else to notify their supervisor as soon as is practicable. Approval may be granted over the phone, and the supervisor must initial the approval document as soon as possible. The approval should be documented and maintained by the requesting employee. Supervisors approving online undercover activity must notify the commanding officer of their respective investigative unit and document the notification on follow-up investigation or chronological record documents.
  
  The social media guide also states that specialized units with their own policies and procedures regarding social media use, such as the Anti-Terrorism Intelligence Section, are not subject to these policies and may follow their own procedures regarding online undercover activity. The intelligence guidelines state that online undercover activity must be approved by the Board of Police Commissioners, the Undercover Committee, and the chief of police, but that online investigative activity does not require the same approval. However, the intelligence guidelines note that both online undercover activity and online investigative activity must adhere to the Major Crimes Division’s code of conduct for undercover officers.
  
  According to the intelligence guidelines, when online investigative activity escalates to online undercover activity, department employees must obtain approval from the Board of Police Commissioners and the Undercover Committee. Employees seeking approval to conduct online undercover activity must submit an application specifying whether there is reasonable suspicion that the target is involved in terrorist activity; how the undercover activity will be conducted; any other methods previously employed, and why undercover investigation is the only practical means to accomplish the investigative objectives; the authorized duration of the undercover activity and the provision of periodic review; and the expected results from the undercover operation. The application must be signed by the commanding officer of the Major Crimes Division, through the chain of command to the chief of police. When there is an emergency, life-threatening situation and the Undercover Committee is unavailable, an undercover investigation may commence with the chief of police’s approval; the Undercover Committee should be notified by phone as soon as possible, and the committee’s written approval should be requested within 72 hours.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The intelligence guidelines state that the department has an “absolute prohibition against the use of illegal or unauthorized methods of collecting, maintaining, or disseminating intelligence information, a policy which shall remain in full force and effect.” Additionally, the intelligence guidelines state that the department should only maintain intelligence files on individuals and organizations if the “reasonable suspicion standard for a full terrorism intelligence investigation, in accordance with these intelligence guidelines, has been met.”
  
  Language governing use of personal devices or accounts
  
  According to the social media guide, department employees must obtain approval prior to using personal equipment to access information from social media when performing an authorized law enforcement mission. The approval should be documented in the employee’s report. In exigent circumstances that require department employees to use personal equipment without prior approval, the employee should notify their supervisor and complete their report as soon as is practicable.
  
  The procedures for preserving social media accounts memo states that department employees should not log into any personal accounts to view content related to any investigation.
  
  Discussion of constitutional rights
  
  Regarding the First Amendment, the social media user guide acknowledges social media sites as platforms “for people to express themselves, including political and religious beliefs, or views on the government,” noting that the department “expressly recognizes the right of public expression.” The guide advises that 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).” Further, department employees “should 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).”
  
  Also regarding the First Amendment, the intelligence guidelines expressly recognize the right of public expression through demonstration, which may not — “absent the reasonable suspicion . . . that there may be a potential for a ‘significant disruption of the public order’” — be subject to a terrorism investigation that involves maintaining intelligence files. In addition, the guidelines state that department employees should not collect, maintain, or disseminate information about an individual’s sexual, political, or religious activities, beliefs, or opinions unless such information is material to an approved investigation. Department employees should also “exercise due caution and discretion” in the collection, maintenance, and dissemination of information “so as to not interfere with the lawfully exercised rights of any person.”
  
  Regarding the Fourth Amendment, the social media guide instructs department employees to comply with “Fourth Amendment protections as they might apply to password-protected or otherwise private social media sites or forums,” and to “be mindful of what is legally accessible and consistent with community standards and expectations.” The guide explicitly does not “relieve [department] employees from existing ‘search and seizure’ laws and policies related to social media,” and states that, “in the absence of clearly defined standing legal direction,” they should seek official guidance from the prosecuting authority.
- Investigative Use of Social Media and Internet Sources (2021), Hate Crimes (2022), POST Hate Crimes Model Policy* (2019)
  
  (See pp. 473, 178, and 691 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 502, 184, and 844 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources (2023), Hate Crimes (2023), POST Hate Crimes Model Policy* (2019)
  
  (See pp. 524, 223, and 861 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Use of Social Media
  
  (See p. 33 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  Though the policy states that its provisions are not applicable to the investigative use of social media, it says that department employees may use social media in furtherance of criminal investigations, which may at times be undercover. The policy does not indicate what other sections of the department’s standards of conduct provide guidance regarding the use of social media for law enforcement purposes.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy states that department employees should “ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.” It does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources (2014), POST Hate Crimes Model Policy* (2019)
  
  (See pp. 470 and 754 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- POST Hate Crimes Model Policy* (2019)
  
  (See p. 786 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media upon individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes
  
  (See pp. 517 and 200 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy allows investigators to examine suspects’ social media for “potential evidence of bias motivation.” The hate crimes coordinator may find, evaluate, and monitor public social media sources to identify potential suspects of reported hate crimes.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources (2017), Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 524, 218, and 896 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 470, 182, and 664 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 473, 177, and 747 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 510, 195, and 822 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media, First Amendment Assemblies, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 560, 511, and 802 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. To assess the potential impact of a planned assembly or demonstration, the First Amendment assemblies policy states that social media posts about the event and planned activities can be collected and vetted. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The First Amendment assemblies policy states that information collected from social media to assess the potential impact of an assembly or demonstration should be obtained in a transparent manner, and that the source should be documented.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The First Amendment assemblies policy states that information must be obtained in a lawful manner and must not be based solely on the purpose or content of the assembly or the participants’ protected characteristics “(or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject).”
- The Riverside County Sheriff’s Department is the law enforcement agency that services Jurupa Valley.
  
  Investigative Use of Social Media and Internet Sources, Hate Crimes, School Threat Assessment and Response (STAR) (2022), POST Hate Crimes Model Policy* (2019)
  
  (See pp. 536, 246, 813, and 773 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The STAR policy — a protocol that aims to target violent threats or incidents at schools by identifying “youth who are at risk to commit or have committed a violent act” and intervening, and governs responses to school-related violence — states that law enforcement officers investigating a suspect of school-related violence or a potentially threatening student should inspect their social media. The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Department Use of Social Media, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 258, 174, and 753 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy alludes to investigative uses of social media but states that it does not address these uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Hate Crimes (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation.” No other contemplated uses are outlined.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media upon individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 492, 194, and 790 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Hate Crimes (2020)
  
  (See p. 224 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- The San Bernardino County Sheriff’s Department is the law enforcement agency that services Rancho Cucamonga and Victorville.
  
  Social Media, Electronic, and Web-Based Communications
  
  (See p. 164 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used for investigations, crime prevention, and to disseminate information, but it does not detail contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- The San Diego County Sheriff’s Department is the law enforcement agency that services Vista.
  
  Social Media (2021)
  
  (See p. 443 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool for identifying criminal suspects and their associates and locating missing persons or runaway juveniles. It does not elaborate further on contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees are “generally prohibited from engaging in social media while on duty, except as may be required in the performance of duty.” Because this policy is listed under “on duty personal use,” it appears that this restriction refers specifically to using personal social media accounts. An exception to this general prohibition also includes “emergency conditions when social media may be a source of timely public safety information or provide an alternative source of communication when telephones are inoperable.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 514, 188, and 817 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigation and Prosecution, Hate Crimes
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigation and prosecution policy states that social media may be used as an investigative tool, but it does not detail contemplated further uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigation and prosecution policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigation and prosecution policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigation and prosecution policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigation and prosecution policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigation and prosecution policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigation and prosecution policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 483, 205, and 728 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 486, 201, and 775 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The investigative use policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 491, 198, and 962 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Social Media (2012), Hate Crimes (2022)
  
  (See pp. 592 and 162 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy states that department employees may use social media for investigations, including through fictitious accounts, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The social media policy states that department employees may create and use fictitious social media accounts to further criminal investigations with their supervisor’s approval.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The social media policy states that department employees may create and use fictitious social media accounts to further criminal investigations with their supervisor’s approval.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 459, 178, and 1043 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The investigative use policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 487, 185, and 810 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Internet Posting and Use of Social Media (2014)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by . . . the chief of police.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees require approval from the chief of police to use personal devices in the course of their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources (2021), Hate Crimes (2021), POST Hate Crimes Model Policy* (2019)
  
  (See pp. 552, 216, and 935 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 446, 196, and 770 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 523, 202, and 822 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 471, 187, and 866 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  Though the investigative use policy implies that department employees may require supervisory approval to access a website if it requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, the policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 184 and 744 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights
  
  The poliies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- The Ventura County Sheriff’s Office is the law enforcement agency that services Thousand Oaks.
  
  POST Hate Crimes Model Policy* (2019)
  
  (See p. 659 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media upon individuals’ or groups’ constitutional rights.
- Investigation and Prosecution, Hate Crimes
  
  (See p. 4 of the investigation and prosecution policy document.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The investigative use policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  Though the investigative use policy implies that department employees may require supervisory approval to access a website if it requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, the policies do not detail an authorization process for covert uses of social media. To use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 422, 182, and 782 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Hate Crimes, POST Hate Crimes Model Policy* (2019)
  
  (See pp. 578, 209, and 942 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media and internet sources policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses. The hate crimes policy states that the hate crimes coordinator may use social media to identify suspected individuals and groups in reported hate crimes, as well as “to predict future hate-based events” and the people who may commit them. Hate crimes investigators may also examine suspects’ social media for “potential evidence of bias motivation.” The Peace Officer Standards and Training (POST) hate crimes model policy, which applies to this jurisdiction because the police department appended the policy to its department manual, allows investigators to examine the social media activity of suspected hate crime perpetrators for “potential evidence of bias motivation,” defined by statute as “a preexisting negative attitude toward actual or perceived characteristics,” such as “hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, [and] unreasonable fear,” among others. The policy also encourages investigators to track social media “to find indicators of, or precursors to, hate crimes,” and recommends that each agency assign personnel to “monitor public social media sources to identify possible suspects in reported hate crimes, or to determine suspects or suspected groups in future hate crimes.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the investigative use policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the investigative use policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
Colorado
Colorado
- Social Media (2012), Use of City-Owned Computers and Computer Networks (2012)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy endorses the use of social media to enhance the effectiveness of criminal investigations and mentions its usefulness for “investigative lead development, suspect identification, covert operations and case development.” The policy does not elaborate further on contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The social media policy states that department employees must request approval from their division chief to access social media sites as part of their official duties. Additionally, units requesting permission to create a social media page for specific unit use, which could be necessary for non-covert purposes, must provide, through their chain of command to the chief of police or their designee, the reason for the request, the specific social media being to be used, the benefits to be gained from its use, and the primary point of contact for maintenance of the account, including any succession plan for continued use.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The social media requires department employees seeking to pursue investigative information through “the interactive use of social media (as opposed to merely browsing or researching)” must notify their direct supervisor of the “intention and the expected benefits of pursuing the lead” in this manner. Additionally, units requesting permission to create a social media page for specific unit use must provide, through their chain of command to the chief of police or their designee, the reason for the request, the specific social media to be used, the benefits to be gained from its use, and the primary point of contact for maintenance of the account, including any succession plan for continued use.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media — Departmental Usage (202 2 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), photos or videos of crime posted by participants or observers, as well as for problem-solving, crime prevention, and “any other legitimate investigative purpose.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires department employees to obtain authorization to access social media on departmental computers.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy requires department employees to obtain authorization to use personal devices in the course of their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (202 2 )
  
  (See p. 289 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable tool for seeking evidence or information regarding missing persons, wanted persons, gang activity, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photographs or videos of crime to assist in case solvability, as well as for problem-solving and crime prevention.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that investigative units may use nonofficial social media accounts for investigative purposes with written permission from their division chief.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Department Use of Social Media
  
  (See p. 317 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses the use of social media for “crime prevention, investigations and other relevant events,” noting that further uses may be explored or expanded on “as deemed reasonable by administrative and supervisory personnel.” The policy states that the use of social media in criminal investigations is governed by the investigation and prosecution policy (see p. 514), which makes no mention of social media.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees must obtain “express written permission” to use personally owned devices to manage the department’s social media activities; it is unclear whether the same policy applies to department employees using social media for investigative purposes.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy states that department employees should ensure that “the use or access of social media is done in a manner that protects the constitutional rights of all.” It does not otherwise address constitutional rights.
- Department Use of Social Media (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that the use of social media in criminal investigations is governed by the investigation and prosecution policy, which makes no mention of social media.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not explicitly impose requirements for investigative uses of social media. It states that the Administration Division deputy chief and the custodian of records should work together “to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules.” It is unclear whether this guideline would apply to investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  Unless otherwise authorized, the policy requires department employees to use department-approved equipment to manage the department’s social media activities; it is unclear whether the same policy applies to employees using social media for investigative purposes.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy states that department employees should ensure “that the use or access of social media is done in a manner that protects the constitutional rights of all.” It also mentions that employees who are authorized to manage the department’s social media “should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, [and] dissemination and retention of information posted on department sites.” It is unclear whether department employees using social media for investigative purposes would also have to complete such training.
Connecticut
Connecticut
- Use of Social Media (2019)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy does not contemplate uses that are not public-facing.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that, “except in the performance of an authorized duty,” department employees may not use department computers to “access social networking sites.” It is unclear whether the employee would have to seek authorization or if “authorized duty” refers to their official job responsibilities.
  
  Requirements for non-investigative uses of social media
  
  The policy does not expressly impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not explicitly impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned devices “to access social networking sites, blogs, bulletin boards, or similar media while on duty” except in the performance of an authorized duty, in which case, express written permission is required.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Use of Social Media by Department Personnel (2014)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information regarding missing persons, wanted persons, gang activity, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photographs or videos of crime posted by participants or observers, as well as for crime prevention.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that, “except in the authorized performance of duty,” department employees may not use departmental equipment to access social media sites while on duty.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees may not use personal devices to access social media while on duty “except in the authorized performance of duty.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (2016)
  
  (See p. 161 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information regarding missing persons, wanted persons, gang activity, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photographs or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that department employees must obtain authorization to use departmental computers to access social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy requires department employees to obtain express written permission to use personally owned devices to manage the department’s social media activities or in the course of their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy states that search methods on social media should not involve techniques that violate existing law, but the policy does not provide specifics.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
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)
  
  The policy endorses the use of social media for investigations and intelligence gathering, including through the use of undercover accounts, but it does not detail contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy permits overt monitoring, searching, and collecting of information available in the public domain for “any legitimate law enforcement purpose,” with no supervisor authorization required. In the context of overt use, which the policy does not define, department employees may use “fictitious accounts created to monitor social media” as long as they do not use those accounts to “engage in conversation.”
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy prohibits department employees from posting “content that is disparaging to a person or group based on race, color, religion, national origin, [or] sex,” among other characteristics. It also states that if an employee becomes aware that an online alias account has become compromised, they must notify their supervisor.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that under certain (undefined) circumstances, members of five MPD units — 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 — 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.” Members of these units must obtain approval from the NSID commander through the chain of command prior to using or creating an undercover account. Commanding officials are instructed to monitor the use of undercover accounts and to conduct a documented review of all accounts every 30 days, and NSID should maintain a centralized registry of all active undercover social media accounts.
  
  Requirements or limitations on covert uses of social media
  
  The policy requires department employees to complete training before using an undercover account. It makes clear that department employees using an undercover account can only participate in conversations with a subject when the employee is physically located in the District of Columbia to ensure compliance with one-party consent laws. If a department employee becomes aware that an online alias account has become compromised, they must notify their supervisor. Department employees may not “post content that is disparaging to a person or group based on a variety of characteristics,” including race, color, religion, national origin, or sex.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using undercover social media accounts on personal devices. It states that department employees can only use department or federal law enforcement equipment, and it prohibits employees from using personal social media accounts or personal information to access content that is being used in investigation or intelligence-gathering effort.
  
  Discussion of constitutional rights
  
  The policy instructs department employees to 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 requires obtaining 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. Department employees may undertake preliminary inquiries without prior authorization in limited circumstances, including to gather information about future assemblies. 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 requires authorizations for investigations and preliminary inquiries involving First Amendment activities to be reviewed every 90 days by a panel of MPD commanding officers. The chief of police must prepare an annual report for the DC mayor and City Council regarding investigations and preliminary inquiries involving First Amendment activities. The report, at a 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, and any violations of DC law by department employees during investigations. The Office of the DC Auditor also audits investigations and preliminary inquiries involving First Amendment activity on an annual basis.
  
  Criminal Research Specialist Social Media Use (2014)
  
  Contemplated uses for social media (other than public-facing use)
  
  Criminal research specialists provide research and obtain data to assist MPD investigators working in the field, which includes surveillance and social media data to identify and locate suspects.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  Though the policy does not include an authorization requirement for general uses of social media, it states that criminal research specialists may only use social media to seek information based on a criminal predicate or threat to public safety, to assist in investigations and prosecutions, or for inclusion in criminal analysis and situational awareness reports.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that after major incidents (e.g., homicides and shootings), criminal research specialists should attempt to obtain information from social media about the victims and suspects, which they should relay to the investigating detective in a preliminary investigative report. They should also document the method they used to find the information, the link to the information, and relevant screenshots. (The policy notes that the detective is ultimately responsible for determining the accuracy, validity, and/or authenticity of the information.) Information that criminal research specialists find may not be submitted as evidence; the detective must subpoena the information for it to be admissible in court. Unless approved by the criminal research specialist supervisor, social media postings may not be disseminated to outside agencies.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy authorizes criminal research specialists to use specified accounts that are solely used for monitoring and viewing “open” profiles. It prohibits interaction with the subjects or groups they are monitoring.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that criminal research specialists should not use personal accounts to perform searches on social media; they should only use specified accounts to search publicly available information via social media sites.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy states that criminal research specialists may not change or alter department social media accounts in any way unless instructed to do so by the criminal research specialist supervisor. It also states that department social media accounts are only to be used for work-related purposes.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Florida
Florida
- Social Media (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using departmental equipment to access personal social media accounts unless doing so is “required in the performance of their duties.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy also states that social media search and monitoring methods should not “involve techniques that are a violation of existing law.”
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (20 23 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that social media may be a valuable tool to assist the department with investigations and crime prevention. In contemplating the use of social media for investigations, the policy states that the “use of undercover accounts as social media platforms is a proven tool to develop criminal intelligence and is routinely used by law enforcement agencies.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that the use of social media for investigative and crime prevention purposes is authorized. (However, it also states that department employees must be “specifically authorized” to use social media as part of their duties and on the department’s equipment, so it is unclear whether authorization is automatically granted for certain purposes.) Though the policy includes a variety of requirements for “department-authorized” uses of social media (under which crime prevention and investigative uses fall), including an authorization requirement to “represent the department via social media,” it appears that these requirements only apply to public-facing uses of social media, and it is unclear whether any of them explicitly apply to the uses of social media tracked herein.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees who wish to create an undercover account on social media should obtain written approval from the police chief or their designee and provide their supervisor with the username, password, and email account associated with each account. The undercover user is not allowed to use any person’s photograph without written approval from that person.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that “supervisors shall file [the above information] at the bureau level.” It is unclear what “bureau level” refers to.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personal and departmental devices to “engage in personal use of social media.” It is unclear whether this restriction also excludes the use of personal devices to use social media for work-related purposes.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Use of Departmental Social Media Platforms (2020), Social Media/Social Networking (2013)
  
  (See pp. 29 and 756 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The use of departmental social media platforms policy allows members of the social media unit to “monitor and utilize social media during natural disasters, crisis situations, and significant events,” but it does not detail contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media, outside of public-facing uses.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not explicitly detail an authorization process for covert uses of social media. The social media platforms policy states that sections, units, and individual members of the social media unit must obtain approval from the chief of police or their designee to “establish or terminate a social media identity, account, profile, page, or site,” or “account(s) on behalf of the department.” It is unclear whether this requirement only applies to public-facing social media accounts.
  
  Requirements or limitations on covert uses of social media
  The social media/social networking policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (20 22 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees may only use personally owned devices to manage department social media activities or to carry out official duties if granted express written permission. The use of personally owned devices to access social media and personal devices on departmental computers is otherwise prohibited, outside of “incidental and occasional use.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media Protocols (2016)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used for both overt and covert activities, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that approval authority for department-related social media, including overt activities, rests solely with the chief of police or their designee. It does not detail what types of “overt activities” require authorization from the chief of police, or if “overt activities” includes investigations.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that the approval authority for department-related social media, including covert activities, rests solely with the chief of police or their designee.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees may not “utilize personally owned equipment to manage any department-related social media and social networking activity” (emphasis in the original). It is unclear what activities (if any) are exempt with the emphasis on “manage.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (20 23 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, cold cases, crimes perpetrated in which the suspect or suspects are unknown, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for using social media for non-covert purposes.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that the chief of police should authorize all social media accounts, which should be administered by the public information office “or as otherwise determined.” It is unclear whether this requirement extends to cover all social media accounts or only public-facing ones.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using departmental equipment to access personal social media accounts without authorization.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Georgia
Georgia
- Social Media and Internet Postings (2020)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that department employees can only use departmental computers to access social media when “working in an official capacity.”
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  In order to access social media sites that contain “sensitive crimes” (e.g., child pornography, terrorist activities, sales of illegal drugs, or exploitation of children), the policy requires department employees to obtain authorization, be assigned to a specific investigation, and only access them on departmental computers.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy broadly authorizes department employees “to create and use undercover social media accounts for conducting law enforcement investigations,” suggesting that they do not need to seek authorization to set up an undercover account.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that department employees must notify their supervisor of the account user information and provide access for inspection when requested. Supervisors must record the undercover account information and inspect it quarterly for compliance with department and county policies and other applicable laws. Using undercover accounts for personal purposes is prohibited.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees may not use personal social media accounts to conduct investigations.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Criminal Investigations Division (202 2 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a “resource for developing information through witnesses, victims, and confidential sources.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Hawaii
Hawaii
- Social Media (2019)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states generally that social media offers a valuable problem-solving, investigative, and crime prevention tool. It does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that department employees may conduct investigations on social media with the authorization of the chief of police or their designee.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media. Instead, it states that department employees using social media undercover must adhere to the guidelines set out in the operations manuals for their respective elements.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy states that “search methods for social media shall not involve techniques that violate existing laws,” but it offers no details on what such violations may encompass.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Idaho

Idaho
Illinois
Illinois
- Use of Social Media (2022)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media. It states that all social media pages must be approved by the chief of police or their designee and be administered by authorized personnel, but it is unclear whether this restriction would extend to social media accounts used for covert purposes.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Use of Social Media Outlets (2020), Bureau of Counterterrorism – Utilization of Social Media (2020)
  
  In January 2023, the department published a revised draft of its use of social media outlets policy for public comment, which included minimal substantive changes. It is unclear if the revised draft was implemented. The Bureau of Counterterrorism’s utilization of social media policy was obtained by the ACLU of Illinois through a Freedom of Information Act lawsuit.
  
  Contemplated uses for social media (other than public-facing use)
  
  The use of social media outlets policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang violence and retaliation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), photos or videos of crime posted by participants or observers, and criminal participation and retaliation; for allocating resources for public safety and aiding the coordination and deployment of police resources; and for aiding administrative investigations by the Bureau of Internal Affairs and criminal investigations by the Bureau of Detectives and the Bureau of Counterterrorism. The utilization of social media policy states that social media may be valuable for Bureau of Counterterrorism personnel to conduct criminal investigations, intelligence-gathering, and crime analysis, and to “identify and interdict” gang-related conflict.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The use of social media outlets policy requires department employees to obtain supervisory approval, “granted on an individual basis, based on a specific assignment,” to access social media on departmental devices. The utilization of social media policy states that “only trained members assigned [or] detailed to the Criminal Network Group and related decentralized units and the Counterterrorism Division will be authorized to use social media for investigative purposes,” though other units within the Bureau of Counterterrorism may be tasked with “monitoring social media as authorized by the Chief [of the] Bureau of Counterterrorism.”
  
  Requirements for non-investigative uses of social media
  
  If department employees find information on social media that would be useful for a criminal investigation or might aid in determining public safety resources, but further investigation falls outside of their investigative duties or abilities, the use of social media outlets policy states that they should submit a social media information request form to the Confidential Analytic Section.
  
  Requirements for investigative uses of social media
  
  The use of social media outlets policy states that department employees using social media as an investigative tool can only use department-approved equipment, and that they must do so while on duty. Further, department employees may only use publicly available information that is posted in a publicly accessible format unless they have a warrant or prior authorization or the specific situation constitutes exigent circumstances. The policy advises that all credible leads gleaned from social media should be forwarded to the appropriate investigative unit, and that the use of social media as an investigative tool should be documented in the “appropriate reports.” The policy prohibits department employees from using social media as an investigative tool to monitor a suspect for purposes other than law enforcement. If employees find information on social media that would be useful for a criminal investigation or might aid in determining public safety resources, but further investigation falls outside of their investigative duties or abilities, the policy states that they should submit a social media information request form to the Confidential Analytic Section. Individual units may be subject to further policies: the policy states that exempt commanding officers of units that conduct investigations using social media should establish standard operating procedures and unit-level protocols in consultation with the Legal Affairs Section and the Information Services Division (called the Office of Public Safety Administration Information Technology in the January 2023 draft policy). The utilization of social media policy states that “members must have reasonable articulable suspicion to collect and maintain intelligence data on an individual in accordance with 28 CFR Part 23,” the federal regulation governing criminal intelligence systems.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  To apply for a covert social media account, the use of social media outlets policy states that department employees must submit a social media covert identity authorization form to the “highest-ranking exempt [official], the rank of chief or above, within the [employee’s] chain of command.” All forms must be forwarded to the chief of the Bureau of Counterterrorism for review to ensure adherence to applicable department rules and regulations. The policy prohibits department employees from using another person’s social media account without that person’s consent and the relevant bureau chief’s approval. The utilization of social media policy states that personnel within the Bureau of Counterterrorism must formally request authorization to engage in online undercover activity (defined as using an online alias to establish contact with a person on social media, such as by sending a “friend request” on Facebook) or online undercover interaction (defined as communicating or otherwise interacting with a person on social media through an online alias) in writing to their division commander or “designated exempt-ranking member.” The request and the approval or rejection must be maintained in the appropriate case file.
  
  Requirements or limitations on covert uses of social media
  
  The use of social media outlets policy does not impose requirements for covert uses of social media. According to the utilization of social media policy, personnel operating with an online alias may “follow” or “friend” individuals online without prior authorization in order to “maintain the longevity or active status” of the account or to make the alias appear legitimate. The policy also prohibits officers from accessing departmental profiles or online aliases from equipment whose IP address can link the account to law enforcement. Pictures and other information used on department employees’ authorized profiles and online aliases must be authorized by an “exempt member” through a social media covert identity authorization form. Officers may use individuals’ social media accounts if the individual consents; such consent must be documented in a consent to assume online identity authorization form (not publicly available) and retained in the appropriate case file.
  
  Language governing use of personal devices or accounts
  
  The use of social media outlets policy states that department employees using social media as an investigative tool can only use department-approved equipment, and that they must do so while on duty. It prohibits department employees from using personal social media accounts to access social media content for investigative purposes. The utilization of social media policy prohibits personnel from seeking information about subjects or potential subjects of investigations using their personal devices, as well as from creating alias accounts using their personal devices.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The use of social media outlets policy refers to ensuring compliance with the department’s guidance documents on the First Amendment and police actions (not publicly available), other police actions that may impact First Amendment conduct (not publicly available), and investigations directed at First Amendment–related information. In particular, investigations directed at First Amendment–related information that implicate First Amendment rights must be conducted for a “reasonable law enforcement purpose” and must also be “reasonable in scope and must not be intended to punish, discriminate, or retaliate against any person on the basis of conduct protected by the First Amendment.” The utilization of social media policy prohibits personnel from seeking or retaining information on social media about individuals or organizations based solely on their First Amendment–protected activities (“unless such information is relevant to the individual’s criminal conduct” or is “required to identify the individual”), their protected characteristics (except as permitted by other department directives, such as for suspect descriptions), or their age (other than to determine if someone is a minor).
- Social Media (2023)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses the use of social media for problem-solving, investigative, and crime prevention purposes, but it does not detail contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Personal Social Media Policy (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy prohibits department employees from accessing social media on duty unless they are doing so “for investigative purposes or in the performance of their duties,” which suggests that employees do not require affirmative approval to access social media for these purposes.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (2018), Criminal Investigations Division/Operations and Case Management (2022)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy endorses social media as a valuable investigative tool for seeking evidence or information, problem-solving, and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.” The Criminal Investigations Division/operations and case management policy states that criminal investigators should consider using social media to find evidence.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies prohibit department employees from accessing social media while on duty “unless permission is granted for investigative or public information purposes.”
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Indiana
Indiana
- Department Use of Social Media (2016), Investigative Responsibility (2020)
  
  (See pp. 552 and 371 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The department use of social media policy states that social media provides a valuable tool for problem-solving, investigative, crime prevention, and related objectives. It does not detail further contemplated uses. The investigative responsibility policy states that internet investigations detectives, who operate within the department’s computer and digital forensics unit, are responsible for “providing investigative support to all divisions of [the department] through open and closed source data mining” and by “preserving social media accounts, as well as assisting in constructing and obtaining search warrants for evidence from the internet or social media sites.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The department use of social media policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The department use of social media policy prohibits department employees from using personally owned devices in the course of their official duties and from accessing personal social media accounts on departmental equipment without permission from the chief of police or their designee.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources
  
  (See p. 357 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
Iowa
Iowa
- Social Media (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, gang participation, crimes perpetrated online (e.g. cyberbullying, cyberstalking), photos or videos of crime posted by participants or observers, and crimes against persons or property, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media. It does state that all department social media sites and pages should be approved by the chief of police or their designee, and should be administered by the department’s social media team “or as otherwise determined,” but it is unclear whether this requirement extends beyond public-facing uses.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned devices in the course of their official duties unless they have approval from the chief of police or their designee. Further, the policy prohibits the use of “individual electronic devices” (which appears to mean personal devices) during an “incident” unless their use is necessary in the performance of an employee’s duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy states that “search methods shall not involve techniques that are a violation of existing law,” but it offers no details on what such violations may encompass.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Kansas
Kansas
- Social and Electronic Media (2022)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that the department “recognizes the value of social media with regard to investigative lead development, suspect identification, covert operations, and case development.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that department employees must request approval from their supervisor to access social media sites as part of their official duties.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  To use social media interactively as part of an investigation (i.e., communicating with people on social media undercover versus merely browsing), the policy requires department employees to “notify their direct supervisor of the intention and the expected benefits” of these activities. If authorized to “pursue a lead through social media,” the policy permits department employees to “create a fictitious social media account to ensure [that] the investigation is covert.” It is unclear whether all employees who conduct investigations and are allowed to use social media are automatically authorized to create covert accounts, or only those who are allowed to use social media interactively.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that department employees can only use covert accounts in the capacity of their official duties and may not access covert accounts for personal use. Once authorized to use a covert account, department employees must submit a form disclosing the name of the fictitious account and the supervisor who granted authorization to their division commander. Division commanders must maintain a master list of fictitious accounts.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned equipment to “collect digital media” (i.e., information that could be used for a law enforcement purpose, like evidence of a crime) unless given approval by a supervisor or exigent circumstances exist. If a department employee uses personally owned equipment to collect evidence, the policy requires the contents to be held as evidence or potential evidence.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Kentucky
Kentucky
- Social Media (2017)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying and cyberstalking), and photos, videos, or other evidence of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed appropriate by the chief of police.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media, noting that it does not intend to “affect, prevent, or disrupt any otherwise authorized and legitimate law enforcement operations or criminal investigations that involve the use of social media.” The policy delegates responsibility to determine requirements for and limits to the investigative use of social media to the “appropriate bureau.”
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media Evidence (2017), Social Media (2021), Digital Forensics Unit (2023), Civil Disturbances/Disorderly Crowds (2022)
  
  (See pp. 788, 194, 685, and 831 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media evidence policy endorses the use of social media for criminal investigations, analytical assessments, situational awareness reports, and criminal intelligence development, but it does not detail further contemplated uses. The policy permits department employees to use social media and social media monitoring tools before and during events and large gatherings “that may require a law enforcement presence” to enhance public safety, and for analytical reports, situational awareness reports, and intelligence development. The social media policy states that “when conventional methods have been exhausted,” department employees may use a “departmentally approved social media website account to initiate victim/witness contact through the website’s private messaging application.” According to the digital forensics unit policy, unit personnel are responsible for “[s]ubmitting electronic surveillance requests to social media companies, such as Facebook, Instagram, Google, etc. . ..” The civil disturbances policy advises officers to be aware of “sources of information,” including social media postings, “that are used to plan, or may assist in responding to, incidents that could potentially become violent.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies allow for monitoring of social media surrounding planned events and demonstrations, and generally for situational awareness. However, to be placed in an official file, information collected and intelligence developed through social media must be “corroborated using traditional investigative/analysis tools including interviews, verification of address, verification of internet protocol address information, or other lawful means.”
  
  Requirements for investigative uses of social media
  
  The social media evidence policy states that department employees may only use social media to seek or retain information based on reasonable suspicion that an identifiable individual (regardless of citizenship or U.S. residency status) or organization has committed an identifiable criminal offense or is involved in or planning “criminal or terrorist conduct or activity” that presents a threat to an individual, the community, or the nation. The information must be relevant to the criminal conduct or activity and 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.” Any social media information or intelligence that is related to a criminal nexus must be stored in accordance with the guidelines set by 28 C.F.R. part 23, the federal regulation governing criminal intelligence systems. In order to be placed in an official file, information collected and intelligence developed through social media must be “corroborated using traditional investigative/analysis tools including interviews, verification of address, verification of internet protocol address information, or other lawful means.”
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The social media policy prohibits department employees from using personally owned devices to access social media while on duty.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the social media evidence policy, social media intelligence or information must “only be disseminated through controlled dissemination to those who have a need to know or a right to know.”
  
  Discussion of constitutional rights
  
  The social media evidence policy states that any use of social media monitoring should be conducted “with the utmost care and respect for individuals’ privacy, civil rights, and civil liberties.” It later advises that the monitoring of citizens’ free speech be conducted in a manner that does not infringe on constitutional protections, and that information collected, evaluated, analyzed, and disseminated by the department must comply with applicable laws protecting privacy, civil rights, and civil liberties, including but not limited to 28 C.F.R. part 23. Department employees may not seek or retain information based solely on an individual’s or organization’s religious, political, or social views or activities, on someone’s participation in a noncriminal organization or lawful event, or on information about protected characteristics, unless they can articulate how First Amendment–protected activities pose a bona fide public safety concern or criminal nexus, or if the protected characteristics are required to identify an individual.
Louisiana
Louisiana
- Investigative Use of Social Media (2021)
  
  (See p. 220 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy permits department employees to use social media as an investigative tool “to obtain information on individuals that are involved in or suspected to be involved in criminal activity.” The policy mentions “investigative or covert social media accounts,” but it does not require employees to obtain authorization to create or use them unless they communicate directly with people over social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy mentions “investigative or covert social media accounts,” but it does not require department employees to obtain authorization to create or use them unless they communicate directly with people over social media. It states that department employees must obtain permission from the division captain to communicate with individuals over social media using a covert account or identity. Investigative and covert accounts are subject to periodic review by supervisors.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that personas or the names of the social media accounts must be documented in the corresponding case report when information from social media is used in an investigation. It prohibits department employees from using “the likeness or photo of another person without that person’s consent” for investigative or covert social media accounts. The policy cautions that department employees may be subject to civil litigation for publishing false information that causes reputational harm to a person, group, or organization; for publishing private facts or information about a person without that person’s permission “that has not been previously revealed to the public, is not of legitimate public concern, and would be offensive to a reasonable person”; and for using a person’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose.”
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from accessing personal social media accounts while on duty unless doing so to “accomplish or enhance [the] performance of their duties.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy prohibits department employees from collecting and storing information related to an “individual’s political, religious, or social views.” It does not otherwise address constitutional rights.
Maine

Maine
Maryland
Maryland
- Social Media Policy (2014)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned devices to manage the department’s social media activities or in the course of their official duties unless they have “express permission” to do so.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (2016)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy mentions the use of social media for criminal investigations, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that the chief of the Criminal Investigation Division must consult with the director of the Media Relations Section “when there is a belief that an ongoing investigation or intelligence collection effort would benefit from the use of social media.”
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that in some (unspecified) cases, investigative unit personnel may use nonofficial 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,” with the written permission of the police commissioner. Nonofficial social media accounts include “fictitious social media account[s], user profile[s], avatar[s], or similar form of online identification[s]” for “legitimate law enforcement purposes.”
  
  Requirements or limitations on covert uses of social media
  
  Investigative units using covert accounts must maintain a log of all social media postings to these accounts.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned devices to manage the department’s social media activities or in the course of their official duties unless they have authorization to do so.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (2011)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned devices to manage the department’s social media activities or in the course of their official duties unless they have express permission from the chief of police or their designee.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Massachusetts

Massachusetts
Michigan
Michigan
- Department Use of Social Media Platforms (202 3 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons or wanted persons, criminal activity, and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by the chief of police or [their] designee.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy requires that any department employees seeking to create a work-related social media profile must “receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, [and] dissemination and retention of information posted on department sites.” It does not otherwise address constitutional rights.
- Department Internet Usage/Web Pages/Social Networking (2020)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, and gang participation; for conducting situation assessments, crime analysis, criminal intelligence development, and criminal investigations; and for crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy permits department employees to overtly monitor, search, and collect information in the public domain for “any legitimate law enforcement purpose” with “no supervisory authorization.” It specifies that “public domain” refers to social media, news sites, and other widely available information sources.
  
  Requirements for non-investigative uses of social media
  
  The policy requires any social media information collected by department employees (including for assessing public safety needs for protests and assemblies) where no criminal predicate or public safety threat is found to be deleted within 90 days of collection, though it also states that the department may maintain a file that may be useful in the event that the event will recur, such as for annual events. In such cases, department employees may only retain non–personally identifying information and information like useful websites and search terms. In cases where collected information does have a criminal predicate or indicates a threat to public safety, the information must be saved, documented, and passed to the sworn department personnel assigned, and, if necessary, disseminated through the appropriate channels. Additionally, department employees should forward information to the appropriate agencies in cases where the information does not have a criminal predicate but qualifies as suspicious activity.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees may only use social media, social media monitoring tools, or alias accounts for valid investigative, analytical, or law enforcement purposes. Specifically, it states that employees can only use social media to seek information that is based on a criminal predicate or threat to public safety, or to assess an event for potential threats to public safety. The information must be based on reasonable suspicion that an identifiable person has committed or plans to commit a crime or presents a threat to another person, the community, or the country; and be relevant to ongoing investigations, the resulting criminal justice response, the enforcement of sanctions, orders, or sentences, or the prevention of a crime. The policy advises that department employees conducting investigative work using social media must use standard investigative approaches to try to verify as much of the collected information as possible, noting that “the internet is an open media with infinite possibilities to input fraudulent information and create misinformation.”
  
  The policy requires any social media information gathered by department employees where no criminal predicate or public safety threat is found to be deleted within 90 days of collection. In such cases, employees may only retain non–personally identifying information and information like useful websites and search terms. In cases where collected information does have a criminal predicate or indicates a threat to public safety, the information must be saved, documented, and passed to the sworn department personnel assigned, and, if necessary, disseminated through the appropriate channels. Additionally, department employees should forward information to the appropriate agencies in cases where the information does not have a criminal predicate but qualifies as suspicious activity.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that only sworn department personnel with approval from the deputy chief of the Detective Bureau may covertly collect social media content or use an alias to interact with people online. Covert monitoring on social media, which does not involve interacting with people, also requires the deputy chief’s approval, but it may be done by department employees who are not sworn personnel. Department employees who wish to use an online alias must submit an interoffice memorandum to the deputy chief. The local agency security officer is responsible for maintaining a list of department employees using aliases, the relevant information related to them, and the social media sites on which they are being used.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that online aliases should only be used to obtain or retain information that is based on a criminal predicate or threat to public safety; is based on reasonable suspicion that an identifiable individual has committed or is planning to commit a crime; is relevant to ongoing investigations, the resulting criminal justice response, the enforcement of sanctions, orders, or sentences, or the prevention of a crime; and is useful in crime analysis or situational assessment reports for the administration of criminal justice and public safety. Department employees must report any potential compromise of an online alias, by either the public or a social media provider, to the local agency security officer. The policy advises that department employees conducting investigative work using social media must use standard investigative approaches to try to verify as much of the collected information as possible, noting that “the internet is an open media with infinite possibilities to input fraudulent information and create misinformation.” It prohibits department employees 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, should “limit exposure as much as possible . . . to maintain personal safety and the fidelity of aliases and investigations.”
  
  The policy requires any social media information gathered by department employees where no criminal predicate or public safety threat is found to be deleted within 90 days of collection. In such cases, employees may only retain non–personally identifying information and information like useful websites and search terms. In cases where collected information does have a criminal predicate or indicates a threat to public safety, the information must be saved, documented, and passed to the sworn department personnel assigned, and, if necessary, disseminated through the appropriate channels. Additionally, department employees should forward information to the appropriate agencies in cases where the information does not have a criminal predicate but qualifies as suspicious activity.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits the use of personally owned devices without prior approval from a supervisor. It states that department employees must use department-approved software and devices when working with social media to pursue a legitimate law enforcement purpose. It also prohibits department employees from using department-owned software, applications, or devices for personal use.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy cautions department employees to use all information appropriately and to avoid violating constitutionally protected rights or using information in a way that violates the requirements of 28 C.F.R. part 23, the federal regulation that governs criminal intelligence information systems. Department employees may not seek or retain information about someone’s protected characteristics based solely on a person’s or organization’s First Amendment–protected speech unless such information is necessary to identify them, is needed to determine if they are a minor, or is relevant to their criminal conduct or required to identify them.
- Social Media (20 22 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires department employees to obtain authorization from a unit commander to use social media for investigations.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that investigative uses of social media must be authorized by a unit commander.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that use of social media while on duty should be reserved for authorized breaks.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Minnesota
Minnesota
- Social Media Sites (2022)
  
  (See p. 270 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, listing cyberbullying, stalking or harassment, participating in offensive, hateful conduct, and other “unlawful activities” as contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires department employees to obtain authorization from the “police administration” to use social media for investigative or other work-related purposes.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy requires that all covert social media profiles be registered with the commander who oversees the Strategic Information Center. Department employees using covert accounts must provide the name and URL of the social media site, the username and screen name of the covert social media profile, and the name of the employee maintaining the covert account. The commander overseeing the Strategic Information Center or their designee is responsible for conducting yearly audits to check that covert profiles are still active. When a covert account is no longer needed, the policy requires that it be deactivated, and that the commander overseeing the Strategic Information Center be notified.
  
  The department employee who is registered as the “maintainer” of a covert account is responsible for any content posted on that account and is prohibited from sharing access information to the account with any other department employees, except to provide the account password to the commander overseeing the Strategic Information Center or their designee for auditing purposes. The policy prohibits department employees from posting any information on a covert account that promotes violence or criminal activity.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that social media can serve as a valuable tool for criminal investigations, evidence gathering, and crime prevention.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The unredacted portions of the policy do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The unredacted portions of the policy do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The unredacted portions of the policy do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The unredacted portions of the policy do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The unredacted portions of the policy do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The unredacted portions of the policy do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The unredacted portions of the policy do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative and Undercover Use of Social Media, Sexual Assault Investigations
  
  (See pp. 470 and 422 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative use of social media policy states that social media may be used as a tool for criminal investigations, criminal intelligence development, and crime analysis and situational assessment reports. The policy also contemplates the use of social media monitoring tools, defined as software that “capture[s] data [from] and monitor[s] social media sites by utilizing automated tools such as web crawlers and word search functions to make predictive analysis, develop trends, or collect information.” The sexual assault policy states that officers should note “relevant communication through social media, email, text messages, or any other forms of communication” when conducting initial and subsequent interviews with victims. “In situations where suspects do not deny that a sexual act occurred, but rather assert that it was with the consent of the victim,” the policy instructs officers to collect evidence of “all relevant interaction” between the victim and suspect, including on social media.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The investigative use of social media policy states that personnel may only seek or retain information from social media if it is based upon a criminal predicate or threat to public safety; based upon a reasonable suspicion that an individual or group committed or plans to commit a crime or presents a threat to public safety; is relevant to the investigation and prosecution of suspected crimes; or is useful in “crime analysis or situational assessment reports.”
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The sections of the investigative use of social media policy regarding covert uses are almost entirely redacted.
  
  Requirements or limitations on covert uses of social media
  
  The sections of the investigative use of social media policy regarding covert uses almost entirely are redacted. The only one of these sections that is not redacted advises personnel who conduct undercover social media operations that they should consider using a network that is not attributable to the City of Rochester.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use of social media policy prohibits personnel from using the department’s online aliases or social media monitoring tools for personal use, as well as from using their home or personal network to access social media for law enforcement purposes.
  
  Discussion of constitutional rights
  
  According to the investigative use of social media policy, personnel are prohibited from seeking or retaining information about individuals or groups based solely on their religious, political, or social views or activities, individuals’ participation in non-criminal organizations or lawful events, individuals’ race, ethnicity, sexual orientation, and other protected characteristics (unless such information is relevant to an individual’s criminal conduct or required to identify an individual), and an individual’s age (except to determine if an individual is a minor).
Mississippi

Mississippi
Missouri
Missouri
- Social Media and Networking (2014)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that social media provides a valuable tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned devices to access social media without express written permission from the department employee’s commanding officer or their designee.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media and Networking (2022)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that department employees may use social media for “crime analysis and situational assessment reports, criminal intelligence development, determination of gang affiliation or participation, criminal investigations and evidence collection,” or other uses authorized by the chief of police.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires department employees to use a department-approved online alias to utilize social media “for a valid law enforcement purpose,” and because employees must obtain authorization to use an online alias, all uses of social media require authorization. (See the “authorization for covert uses of social media” section below for further details.)
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees may only use social media to seek or retain information that is based on an articulable criminal predicate or threat to public safety; is based on reasonable suspicion that a person has committed, is planning to commit a crime, or contributed to a crime; is relevant to an investigation or prosecution; is useful in crime analysis or situational assessment reports; or is relevant to Bureau of Professional Standards investigations.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy requires department employees to obtain advance written permission and submit an online alias request form to the Criminal Intelligence Unit and their immediate supervisor to use an online alias. This request form must be kept in the employee’s file. The policy makes exceptions in cases where written permission “cannot be obtained prior to creating an online alias because of exigent circumstances.” In such cases, verbal permission is sufficient, and the online alias request form must be submitted to the department employee’s immediate supervisor “as soon as possible, but not longer than three duty days after the alias’[s] use.” The Criminal Intelligence Unit has oversight responsibility for all online alias records. The policy also states that department employees may not use someone’s likeness when creating an online profile without that person’s consent.
  
  Requirements or limitations on covert uses of social media
  
  The policy requires department employees to securely maintain any usernames and passwords and prohibits deleting “any chats, emails, accounts, or any material obtained during their investigation until obtaining written supervisory approval and complying with all departmental record retention policies.” To delete any material, department employees must submit a department memorandum to their supervisor that explains why the material should be deleted. If the supervisor chooses to deny the request, the denial “must be accompanied by sufficient explanation, and the memorandum shall be forwarded to the Criminal Intelligence Unit for retention.”
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personally owned devices, accounts, or internet services to conduct investigations or collect evidence “unless an exigent or emergency circumstance exists.” Exceptions can be made by the chief of police if a department employee, with supervisory approval, chooses to use a personally owned device or account for a “legitimate investigative purpose during and under exigent circumstances.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy prohibits department employees from employing social media monitoring tools for personal use.
  
  Discussion of constitutional rights
  
  The policy prohibits department employees from seeking or retaining information about individuals’ protected characteristics based solely on their First Amendment–protected speech and activities unless such information is necessary for identification purposes, is needed to determine if the individual is a minor, or is relevant to the individual’s criminal conduct. It does not otherwise address constitutional rights.
Montana
Montana
- Social Media (2015)
  
  (See p. 293 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by the chief of police.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy prohibits department employees from using department-owned computers to access social media unless they have authorization to do so.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees must obtain express written permission to use personal devices to manage the department’s social media activities.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Nebraska
Nebraska
- Social Media
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy permits the use of social media for crime prevention and investigations. The policy refers to the department’s social media investigations policy, which is not publicly available.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Nevada
Nevada
- Social Media Policy (2011)
  
  (See p. 150 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that social media provides a valuable investigative tool for the department, but does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
New Hampshire

New Hampshire
New Jersey

New Jersey
New Mexico
New Mexico
- Social Media (202 3 )
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy allows social media to be used as an investigative tool, but does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (2017)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy refers to using social media for investigative and crime prevention purposes, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy allows department employees to use personal devices as long as it is directly related to their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
New York
New York
- Use of Social Media, Critical Incident Policy Checklist
  
  (See pp. 444 and 562 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The use of social media policy contemplates the use of social media for investigating missing persons, wanted persons, gang intel, and online crime; as a source of photo or video evidence posted by observers of or participants in criminal activity; and as a resource for criminal intelligence gathering and crime prevention. The critical incident policy’s police checklist permits department employees to monitor social media to assess “what is being said” about a critical incident and to “gauge the mood of the community.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Use of Social Networks for Investigative Purposes (2012), Revised Handschu Guidelines for Investigations Involving Political Activity (2017), Social Network Analysis Tools Impact and Use Policy (2021), Reporting Gang-Related Criminal Activity (2022), Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged Property) (2022), Facial Recognition Technology (2022)
  
  (For each policy not linked individually, see pp. 394, 96, and 632 of the patrol manual, respectively.)
  
  Contemplated uses for social media (other than public-facing use)
  
  According to the use of social networks for investigative purposes policy, social media data can “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.” The social network analysis tools impact and use policy states that social network analysis tools are useful for “discovering information relevant to investigations and to address public safety concerns”; it gives the example of a terrorist attack, after which the department could “use social network analysis tools to quickly assess the social media profile of the perpetrator for connections to the New York City area and allocate resources in response.” The impact and use policy more generally states that social network analysis tools allow department employees to uncover important investigative leads by “highlighting otherwise unknown connections between [] subjects acting in concert.” The reporting gang policy states that officers can use social media to obtain “gang-related intelligence,” and the family offenses (digital photography) policy requires officers to take digital photographs to retain evidence of domestic violence, including “[t]hreatening social media and/or text messages.” The facial recognition technology policy states that personnel within the Real Time Crime Center’s Facial Identification Section may use images of individuals obtained on social media to facilitate identification using facial recognition technology.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The use of social networks policy requires no prior authorization to access information on publicly available internet sites, or for general research, topical information, or other general uses that do not require an online alias. The impact and use policy requires authorization for department employees to obtain login credentials for such tools, stating that employees must use these credentials only for legitimate law enforcement purposes.
  
  The Handschu guidelines for investigations involving political activity authorize department employees to perform “general topical research” (i.e., “research concerning subject areas . . . relevant for . . . facilitating or supporting the discharge of investigative responsibilities”), including conducting online searches and accessing online sites and forums “on the same terms and conditions as members of the public generally.” The guidelines note that general topical research does not include online searches for information by individuals’ names or other 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.”
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the use of social networks policy, department employees need no authorization to access internet sources that do not require the creation of an online alias.
  
  According to the impact and use policy, department employees must receive command-level training to use social network analysis tools. Supervisors are responsible for annually inspecting all areas containing departmental computer systems and ensuring that all systems are being used in accordance with department guidelines. The policy requires any information gathered by social network analysis tools to be retained within the appropriate case management or computer systems. Further, only department employees who have an articulable need in “furtherance of lawful duty” may access to these case management or computer systems. The policy states that information derived from social network analysis tools does not “by itself establish probable cause to arrest or obtain a search warrant.”
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The use of social networks policy states that department employees must confer with their supervisor to create an online alias. The policy outlines three different authorization procedures depending on whether an investigation involves suspected terrorist activity, as well as whether exigent circumstances exist. Each procedure requires the supervisor to submit different information to the commanding officer if the supervisor determines that the online alias would serve an investigative purpose. When an investigation involves suspected terrorist activity or in the case of exigent circumstances that warrant the immediate use of an online alias, the supervisor must confer with the Intelligence Division’s operations desk supervisor.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  Under the Handschu guidelines, any departmental investigation involving political activity must be initiated by and under the supervision of the Intelligence Division. The guidelines prohibit department employees from conducting investigations involving political activity on social networks without the deputy intelligence commissioner’s express written approval.
  
  Discussion of constitutional rights
  
  The use and impact policy requires department employees to comply with the U.S. Constitution, the New York State Constitution, and applicable statutory authorities. It also prohibits “the use of racial and bias-based profiling in law enforcement actions, which must be based on standards required by the Fourth and Fourteenth Amendments of the U.S. Constitution.”
  
  The Handschu guidelines acknowledge that, in its efforts to anticipate or prevent unlawful activity, including terrorist acts, the department must sometimes initiative investigations “in advance of unlawful conduct.” The guidelines state that such investigations should not be based solely on First Amendment–protected activities, and should not intrude on 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.
- Social Media (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. It states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources
  
  Contemplated uses for social media (and than public-facing use)
  
  The policy states that social media may be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the policy, department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  According to the policy, information collected from the internet should be retained according to department-established record-keeping systems. The policy advises department employees to seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The policies do not otherwise address constitutional rights.
- Use of Social Media by Members of the Department (2016)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as an investigative tool for seeking evidence about missing persons, wanted persons, gang participation, online crime, photo or video evidence, as well as for problem-solving, criminal intelligence gathering, and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative or supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires department employees to obtain prior approval to access social media on departmental computers.
  
  Requirements for non-investigative uses of social media
  
  The policy does not detail requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not detail requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy requires department employees to seek authorization from their commanding officer to use a “fictitious name, identity, business, or organization.”
  
  Requirements or limitations on covert uses of social media
  
  The policy states that department employees using a fictitious profile must have an “incident number containing all relevant information” about the identity, the log-in information, and the department employee(s) responsible for the relevant investigation. The policy also states that department employees “should take all available precautions to prevent suspects or others from identifying the actual identity and location” of undercover officers, including safeguarding the departmental or governmental IP address. The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
North Carolina
North Carolina
- Social Media (2021)
  
  (See p. 251 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy mentions the use of social media for criminal investigations, but it does not detail contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media Policy (2011), Computer Usage Policy (2017)
  
  (See pp. 628 and 623 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. The policy also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The computer usage policy prohibits department employees from investigating “internet-related crime” without receiving proper authorization.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The social media policy mentions that covert sites established for investigative purposes do not need to go through the same administrative approval channels as public-facing social media sites. However, the policy does not elaborate further on any authorization process for covert accounts.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The social media policy states that search methods on social media should not involve techniques that violate existing law.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
North Dakota
North Dakota
- Investigative Use of Social Media and Internet Sources
  
  (See p. 4 of the investigation and prosecution policy PDF document.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
Ohio
Ohio
- Social Media (2021), Real-Time Crime Center Information Requests (2012)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy endorses the use of social media for investigative and crime prevention purposes, but it does not detail further contemplated uses. The real-time crime center information requests policy describes the potential of data mining (i.e., the practice of searching through large amounts of computerized data to find useful trends or patterns) during the investigation of crimes to obtain criminal intelligence and to identify individuals who may be involved in crime.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies state that department employees must obtain approval from their commanding officer to use a covert social media account or partake in “covert data mining.” The social media policy prohibits department employees from using the identity, personal information, likeness, or photograph of another person without that person’s consent.
  
  Requirements or limitations on covert uses of social media
  
  The social media policy mentions the existence of federal and state laws that “restrict the covert use of social media by law enforcement,” noting specifically that department employees may not use the identity, personal information, likeness, or photograph of another person without that person’s consent. It also states that department employees must use department-owned devices to partake in covert social media activity.
  
  Language governing use of personal devices or accounts
  
  The social media policy states that department employees may not conduct covert social media investigations from privately owned devices.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media Policy and Usage (2020)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses the use of social media for investigative and crime prevention purposes, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media, but it does prohibit department employees from posting on covert accounts without their bureau commander’s authorization.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that social media posts that are posted in a covert capacity must be tracked and documented. It does not elaborate further on this process.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees may only use departmental computers designated to be used for social media.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Surveillance Technology Use (2022), Social Media (2020)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy briefly addresses social media use in the performance of official duties, but it does not contemplate specific uses for investigative purposes. According to the surveillance technology use policy, the department permits the use of social media monitoring software.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the social media policy, department employees may only use social media while on duty if doing so is part of their job responsibilities or if they are expressly authorized to do so by the department director. Additionally, department employees who access social media in the performance of their official duties must complete an official duty account user form and submit it to the Strategic Planning Bureau commander to keep on file as an investigative work product. This form must be completed any time a social media account is opened or closed unless an exception is made by the department director or the chief of police.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The social media policy requires department employees who access social media in the performance of their official duties to complete an official duty account user form and submit it to the Strategic Planning Bureau commander to keep on file as an investigative work product. This form must be completed any time a social media account is opened or closed unless an exception is made by the department director or the chief of police.
  
  The surveillance technology policy is unclear on whether department employees require explicit authorization to use surveillance technology; it does state that to use surveillance technology (which the policy classifies as covert), department employees must first receive training for that technology, and that they may only use it for a law enforcement purpose. The policy also states that only certain personnel can access and use data collected from these technologies — namely, senior command staff; lieutenants who directly oversee the use of surveillance technologies; sergeants who supervise those involved in viewing and analyzing the data collected; and officers and detectives who are analyzing the data collected for dissemination to other sworn personnel for law enforcement purposes. Further, the policy outlines certain conditions under which the chief of police or their designee may authorize the use of unapproved technology in exigent circumstances. Finally, the policy states that a public hearing should be held before the department acquires or uses any new surveillance technology.
  
  Requirements or limitations on covert uses of social media
  
  The surveillance technology policy classifies the use of surveillance as a “covert and clandestine method[]” that may only be used when there is reasonable suspicion of criminal activity and information “of comparable investigative value” cannot be obtained through less intrusive means. Whenever “fixed” surveillance technology is moved or deployed, a notice should be posted on the department’s website and social media account within 72 hours — unless the technology is being used to investigate specific criminal incidents or the disclosure would impair an investigation. The policy does not indicate whether social media monitoring software would be considered “fixed” surveillance technology. The policy only permits information gathered from surveillance technology to be shared with other law enforcement agencies for legitimate law enforcement purposes, and it states data from surveillance technology and open sources may only be gathered and stored if doing so is “necessary for law enforcement purposes, such as gathering evidence, public safety purposes (crowd management, traffic control), or assisting in criminal investigations.” The policy also refers to other policies that govern the retention (not publicly available) and protection of data collected from surveillance technology. The Strategic Planning Bureau commander is responsible for submitting an annual surveillance report and a surveillance impact report to the city commission.
  
  Language governing use of personal devices or accounts
  
  Though the language in the policies is unclear, it appears that department employees are prohibited from using personal social media accounts for work-related purposes unless they have supervisory approval.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The self-stated purpose of the surveillance technology use policy is to “ensure that approved [surveillance] technology is used in accordance with policies that protect citizens’ privacy, civil rights, and civil liberties.” The policies do not otherwise address constitutional rights.
- Criminal Intelligence (2012), Telecommunications (2016)
  
  (See pp. 455 and 294 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The criminal intelligence policy mentions the use of social media to conduct intelligence gathering for investigations, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The telecommunications policy states that department employees must obtain permission from their supervisor to access social media on departmental computers.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the criminal intelligence policy, there must be a “reasonable indication that a crime is being planned or has been committed” or “reasonable suspicion of a link” between individuals and groups and unlawful activity before conducting intelligence-gathering activities. The policy advises that intelligence gathering should be no more intrusive than necessary to obtain information to prevent a crime or identify and prosecute those who committed a crime. All information collected and retained must “have sufficient source reliability and content validity for reasonable suspicion of criminal activity.” The policy states that access to criminal intelligence may be granted on a need-to-know basis (i.e., to those who “need to obtain data in order to fulfill official responsibilities”) or a right-to-know basis (i.e., to those who have “a legal right to obtain the intelligence pursuant to a court order, statute, or decisional law”). The policy also imposes safeguards for securing and storing criminal intelligence information — notably, that it must be kept in files that are separate from general records, even if the intelligence is part of a criminal investigation, and that it should be purged after five years per the 28 C.F.R. part 23 standard.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The criminal intelligence policy states that intelligence-gathering techniques must be conducted in a lawful manner.
  
  Discussion of constitutional rights
  
  The criminal intelligence policy prohibits department employees from collecting or maintaining intelligence based strictly on race or ethnicity, political affiliation, religious or social views, or affiliation with any individual or group unless there is reasonable suspicion of involvement in criminal conduct or activity.
Oklahoma
Oklahoma
- Investigative Use of Social Media and Internet Sources (2023)
  
  (See p. 414 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Social Media (2021)
  
  (See p. 121 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses the use of social media for investigative purposes, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  To use social media while on duty, department employees must obtain authorization by submitting an access account request form through their chain of command. Once their supervisor, division commander, and the chief of police (or their designee) approve and sign the form, the employee may only use the account for legitimate law enforcement and official department purposes. Additionally, to obtain and use an investigative social media profile, department employees must obtain authorization from the chief of police. Investigative social media profiles are to be established and overseen by the Special Investigations Division.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  To obtain and use an investigative social media profile, department employees must obtain authorization from the chief of police. Investigative social media profiles are to be established and overseen by the Special Investigations Division.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy recommends that department employees avoid using personal devices to access department-created social media profiles (including investigative accounts), but it does not explicitly prohibit this practice. Employees who choose to do so risk having their personal device or communications on the device disclosed or subpoenaed.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media and Networking (2012), Arrest Warrants/Forcible Entry (2020)
  
  (See pp. 473 and 75 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy states that social media is a valuable tool for investigative purposes and for seeking evidence or information on any committed or potential crime, but does not detail further contemplated uses. The arrest warrants policy allows officers to use social media posts to determine a wanted subject’s residence prior to acquiring a warrant to forcibly enter the suspect’s residence.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policies do not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policies do not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The social media policy prohibits personnel from accessing social media on city computers unless it is for the performance of authorized duty.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media upon individuals’ or groups’ constitutional rights.
Oregon
Oregon
- Investigative Use of Social Media and Internet Sources
  
  (See p. 5 the Investigation and Prosecution policy under Investigation Operations within the Policy Manual section of the website.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Social Media (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that social media can serve as a valuable tool for investigating and preventing crime, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not prohibit department employees from using personally owned devices and accounts to access social media in the course of their official duties, but it does advise them to “be cautious” when using personally owned devices to manage the department’s social media activities or in the course of their official duties, warning that “an inadvertent personal post to a department account could damage [the department’s] or [the] employee’s reputation.” The policy does require employees who are authorized to post to department social media accounts to undergo social media training prior to doing so.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources
  
  (See the Investigation and Prosecution policy under Investigation Operations within the Policies section of the website.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not contemplate further uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources, Threat Assessment Team (HPTAT)
  
  (See pp. 383 and 242 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The investigative usepolicy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. When an officer obtained information that they believe indicates there may be a “potential threat of a targeted act of violence,” the threat assessment team policy directs the officer to search through social media to uncover “[t]hreatening communication . . . which are [sic] either direct, veiled, or indirect references to targets” and to note such occurrences in a “general offense” report.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the investigative use policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The investigative use policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
Pennsylvania
Pennsylvania
- Social Media (2014)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing, wanted, or endangered persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photographs or videos of crime posted by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable upon appropriate review and approval.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees may only access personal social media accounts if doing so as part of their official duties “related to criminal and/or background investigations.”
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media and Networking (2012)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy states that social media may be useful in “meeting several police strategies,” including investigations and crime prevention. It does not offer further details.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy allows the covert use of social media with authorization from the police commissioner or their designee when “proper identification [would pose] a risk to officer safety or may impede the progress of a criminal investigation.”
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from accessing personal accounts on departmental computers.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Rhode Island
Rhode Island
- Social Media/Internet Policy (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used in investigations, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that department employees must obtain authorization to use social media while on duty.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that all official investigations must “be conducted using authorized logon credentials.”
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that all official investigations must “be conducted using authorized logon credentials.” It does not state whether employees must seek approval to use these credentials.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy prohibits department employees from using personal devices or accounts to conduct their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
South Carolina
South Carolina
- Social Media (2022)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by . . . the chief of police.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media upon individuals’ or groups’ constitutional rights.
- Use of Social Media (2018), Crime Analysis (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy allows social media to be used for “investigative or research purposes” such as crime analysis and situational assessment reports, criminal intelligence development, and criminal investigations. It does not detail further contemplated uses. The crime analysis policy states directs the crime analysis unit, which is responsible for collecting and analyzing information to “prevent and suppress criminal activity and apprehend criminal offenders,” to collect and use “[a]nalytical data found in public databases and social media.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The social media policy states that department employees may only use social media to seek and retain information that is based on a criminal predicate or threat to public safety; is based on reasonable suspicion that an identifiable individual or organization has committed or is planning to commit a crime that poses a threat to another individual, the community, or national security; is relevant to the investigation or prosecution of or criminal justice response to criminal incidents, or the enforcement of sanctions, orders, or sentences; is relevant to the prevention of crime; or is useful in crime analysis or situational awareness reports. Employees may only use publicly available material in investigations.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The social media policy does not detail an authorization process for covert uses of social media. It does state that department employees may not use another individual’s account for investigative activity without that person’s consent.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The social media policy states that department employees may only use department electronic equipment when conducting investigations. It prohibits the use of personal devices or social media accounts.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Official and Personal Social Media Policy (2015)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees must obtain authorization to use personal devices in the course of their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
South Dakota

South Dakota
Tennessee
Tennessee
- Social Media
  
  (See p. 941 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media policy states that social media can be a valuable investigative tool when seeking information or evidence for missing persons and criminal investigations, but does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the social media policy, employees using “non-official” social media accounts for investigative purposes (which could include some non-covert uses) must receive written permission from the commander of their division or their designee.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  According to the social media policy, employees using “non-official” social media accounts for investigative purposes must receive written permission from the commander of their division or their designee.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media upon individuals’ or groups’ constitutional rights.
Texas
Texas
- Social Media for Official Use (2023)
  
  (See p. 478 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable tool for seeking evidence or information about missing persons, wanted persons, gang activity, crimes perpetrated online, and photographs or videos of crime, as well as for problem-solving and crime prevention. It states that social media may be used for crime analysis and situational assessment reports, criminal intelligence development, and criminal investigations. The policy also mentions that crime analysis and situational assessment reports may be used for “special events management,” including for First Amendment–protected activities.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not require authorization for “general research, topical information, or other law enforcement uses” as long as those uses do not require an online alias.
  
  Requirements for non-investigative uses of social media
  
  The policy allows crime analysis and situational assessment reports to be used for “special events management,” including for First Amendment–protected activities. It states that social media information must be deleted within 14 days if no related criminal activity has occurred.
  
  Requirements for investigative uses of social media
  
  The policy only permits department employees to seek or retain information from 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, 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. The policy also allows the use of social media when there is reasonable suspicion that an identifiable individual or organization is involved in criminal conduct that poses a threat to an individual, the community, or the nation, and the information is relevant to the criminal conduct or activity. The policy directs department employees to evaluate information obtained from social media for its reliability and validity.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy requires supervisory approval for department employees to use an online alias, with such approval to be 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).
  
  Requirements or limitations on covert uses of social media
  
  The policy states that the 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 planning to commit a crime that presents a threat to an individual, the community, or the nation. It also requires that the information be relevant to the criminal conduct or activity. All approved undercover activity requests must be reviewed at least every 90 days by a supervisor and be discontinued if the activity does not “provide information regarding a valid law enforcement purpose.” Department 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. Department employees may only undertake online undercover operations when they have 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 devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy prohibits department employees from receiving, seeking, accepting, or retaining (either directly or indirectly) information from an “individual or nongovernmental information provider who may or may not receive a fee or benefit for providing the information if there is reason to believe that the information provider is legally prohibited from obtaining or disclosing the information.”
  
  Discussion of constitutional rights
  
  The policy prohibits department employees from seeking or retaining information about individuals or organizations solely based their religion, political association, or social views or activities, or on an individual’s participation in a noncriminal group or lawful event. It also prohibits using social media to seek or retain information on an individual based on their protected characteristics unless that information is relevant to the individual’s criminal conduct or activity or required to identify the individual.
- Investigative Use of Social Media and Internet Sources
  
  (See p. 369 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources
  
  (See p. 457 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Social Media (2013)
  
  (See p. 114 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy states that department employees must seek authorization to use departmental computers to access social media.
  
  Requirements for non-investigative uses of social media
  
  The policy instructs that searches on social media should be conducted by “non-decision-maker[s],” and that information pertaining to protected classes should be filtered out prior to sharing any information found online with decision-makers. It is unclear what departmental functions these searches are meant to support, or whether this requirement applies equally to investigative work.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that the chief of police or their designee should approve all department social media sites or pages, which are to be administered by the Staff Support Bureau “unless otherwise determined.” It is unclear whether undercover social media accounts are contemplated in or covered by this policy.
  
  Requirements or limitations on covert uses of social media
  
  The policy cautions that department employees may be subject to civil litigation for using someone else’s name, likeness, or other personal attributes without that person’s permission for an “exploitative purpose,” but it does not expressly prohibit this practice.
  
  Language governing use of personal devices or accounts
  
  The policy requires department employees to get express written permission to use personal devices to manage the department’s social media activities or to use social media in the course of their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy states that search methods on social media “should not involve techniques that are a violation of existing law,” but it does not articulate what such violations may encompass.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Networking (2013)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberbullying, cyberstalking), and photos or videos of crime by participants or observers, as well as for problem-solving and crime prevention. It also states that further uses may be “explored or expanded upon as deemed reasonable by administrative and supervisory personnel.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy does not detail an authorization process for covert uses of social media.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, graffiti, crimes perpetrated online, and photos or videos of crime posted by participants or observers.
  
  It does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  According to the policy, covert or undercover social media accounts and postings for undercover investigative operations must be approved by the chief of police. Additionally, a supervisor will be assigned to monitor the covert operation.
  
  Requirements or limitations on covert uses of social media
  
  The assigned supervisor must consult the prosecuting attorney and Round Rock ISD attorney to determine admissibility and legal requirements relating to the preservation of information before operating any covert or investigative social media site.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media Procedure (2015), Social Media Guidelines (City of San Antonio) (2020)
  
  Contemplated uses for social media (other than public-facing use)
  
  The social media procedure states that social media may be used as an investigative and crime prevention tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the social media procedure, department employees require written authorization from the chief of police or their designee to use social media as part of their official duties. The city’s social media guidelines require the department to maintain records of all its city social media accounts (including identifiers and passwords), which may apply to social media accounts used for non-covert purposes.
  
  Requirements for non-investigative uses of social media
  
  The policies do not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  According to the social media guidelines, all records, including those obtained through social media, should be maintained in accordance with applicable laws and the city’s records management program.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  Though the social media procedure does not specifically address or require authorization to use undercover accounts on social media, it does require department employees to obtain permission from the chief of police or their designee to omit their department affiliation from their profile, suggesting that covert uses of social media similarly require authorization from the chief of police.
  
  Requirements or limitations on covert uses of social media
  
  The policies do not impose requirements for covert uses of social media. Notably, the guidelines “do[] not apply to law enforcement personnel acting in an undercover capacity for the purpose of a criminal investigation,” which includes activities such as maintaining records on social media accounts.
  
  Language governing use of personal devices or accounts
  
  The policies do not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policies do not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Utah
Utah
- Investigative Use of Social Media and Internet Sources (2018), First Amendment Assemblies (2018)
  
  (See pp. 495 and 392 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policies both contemplate the use of social media for investigations and to assess public safety responses to public assemblies and demonstrations, but they do not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policies do not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  According to the First Amendment assemblies policy, department employees may use social media to assess planned events. The policy states that all information should be “obtained in a transparent manner, and the sources documented.” Further, it states that information may not be collected “based solely on the purpose or content of the assembly or demonstration, or the race, ethnicity, national origin, or religion of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject).”
  
  Requirements for investigative uses of social media
  
  The investigative use of social media and internet sources policy states that if a department employee locates the social media profile belonging to a victim during the course of an investigation and is unable to identify an alternative means to contact the victim (or if contact via social media is preferable), then the employee may contact the victim using social media either through the employee’s “true name or alias social media profile.” However, department employees should consider whether contacting the victim through social media will reveal an individual’s cooperation with law enforcement and whether this puts them at risk, or whether establishing contact will put an ongoing investigation at risk. The policy instructs department employees who establish contact with an individual during a criminal investigation while not acting undercover, to immediately identify themselves and provide contact information.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The investigative use policy states that department employees must submit a request to their immediate supervisor to use an online alias.
  
  Requirements or limitations on covert uses of social media
  
  The investigative use policy states that an online alias may only be used to seek or retain information that is based on a criminal predicate or threat to public safety; is based on reasonable suspicion that an individual or organization has committed or is planning to commit a crime that threatens an individual, community, or national security; is relevant to the investigation and prosecution of a crime or to preventing a crime; or is useful in crime analysis or situational awareness reports for the administration of criminal justice and public safety. The policy defines undercover activity as utilizing an online alias to interact with a person via social media and states that online undercover operations may only be utilized when there is reasonable suspicion that criminal offenses have been, will be, or are being committed. It also states that department employees “should utilize the appropriate deconfliction system when using online aliases in an investigation that normally would require deconfliction,” but it is unclear what this would include or entail.
  
  Language governing use of personal devices or accounts
  
  The investigative use policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment. The policy also states that department employees should not use personal social media accounts to establish contact with victims in the course of an investigation.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The investigative use policy advises that information collected from the internet should be retained according to department-established record-keeping systems.
  
  Discussion of constitutional rights
  
  The investigative use policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. The First Amendment assemblies policy further states that department employees, while “preserving the peace, protecting life, and preventing the destruction of property,” may not “unreasonably interfere with, harass, intimidate, or discriminate against persons engaged in the lawful exercise of their rights.” The latter policy prohibits the collection of information “based solely on the purpose or content of the assembly or demonstration, or the race, ethnicity, national origin, or religion of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject).”
- Investigative Use of Social Media and Internet Sources
  
  (See p. 367 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Investigative Use of Social Media and Internet Sources (2022)
  
  (See p. 509 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses. It does discuss using software programs to collect public information about a subject from social media, which it defines as an “open source query.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy allows information obtained from the internet to be retained temporarily for investigative purposes, noting that the information, if relevant to a case, should be added to the related report as soon as practicable. If the information is not related to a specific case, the policy states that it should be entered into a criminal intelligence system or purged within one year. Further, it states that social media information should be treated like photographic evidence and be uploaded through the website evidence.com.
  
  The policy states that if a department employee locates the social media profile belonging to a victim during the course of an investigation and is unable to identify an alternative means to contact the victim (or if contact via social media is preferable), then the employee may contact the victim using social media either through the employee’s “true name or alias social media profile.” The policy instructs department employees who establish contact with an individual during a criminal investigation while not acting undercover, to immediately identify themselves and provide contact information.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy requires department employees using alias social media profiles for any purpose related to a criminal investigation to notify their supervisor of the alias profile’s existence and request permission to use it in furtherance of that investigation. (Confusingly, it suggests that employees may create alias profiles prior to obtaining supervisory approval.) Once they obtain supervisory approval, department employees may “attempt to be granted access to the social media profiles of individuals related to the criminal activity being investigated.” The Special Investigations Section lieutenant(s) should review social media aliases annually for policy compliance and active use.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that department employees using online aliases in investigations should do so in “a manner consistent with court-recognized parameters already governing the use of covert or undercover investigative methods,” but it does not clarify what these parameters are. It prohibits “open source” queries from being used to infiltrate private groups or surveil individuals, it allows their use to seek or retain information that is based on a criminal predicate or threat to public safety; is based on reasonable suspicion that an individual or organization has committed or is planning to commit a crime that threatens an individual, community, or national security; is relevant to the investigation and prosecution of a crime or to preventing a crime; or is useful in crime analysis or situational awareness reports for the administration of criminal justice and public safety. The policy also states that department employees “should utilize the appropriate deconfliction system when using online aliases in an investigation that normally would require deconfliction,” but it is unclear what this would include or entail.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment. The investigative use policy also states that employees should not use personal social media accounts to establish contact with victims in the course of an investigation.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
Vermont

Vermont
Virginia
Virginia
- Social Media/Internet Postings (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy mentions the use of undercover social media accounts for investigations, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that all undercover social media accounts used for investigations must be approved by the chief of police or their designee. It directs readers to consult the vice and narcotics enforcement policy, but information regarding undercover activities in that policy appears to be redacted.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Social Media (2014)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool for seeking evidence or information about missing persons, wanted persons, gang participation, crimes perpetrated online (e.g., cyberstalking), and photos or videos of crime posted by participants or observers, as well as for crime prevention.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires department employees to obtain written permission to access social media on departmental computers.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that information gathered from social media should be retained in the manner required by applicable law, regulation, and policies, including all information technology and records management policies.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  Though the policy does not mention undercover accounts explicitly, it states that all department social media sites must be approved by the chief of police and administered by the appropriate division, which could include undercover or alias accounts.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy requires department employees to obtain written permission to use a personal device in the course of their official duties.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Use of Social Media (2021)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool and mentions the covert use of social media, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy requires department employees to obtain approval from their section or bureau commander to post on social media in a covert capacity. Department employees must also obtain a person’s consent before using their identity, likeness, or personal information in conjunction with covert social media activities.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that department employees covertly using social media may only use computers and devices designated for such use, and that they must follow federal and state laws restricting the covert use of social media by law enforcement. It does not articulate what these restrictions encompass.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policies do not detail additional prohibitions on department employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
Washington
Washington
- Social Media Investigations (2015)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses social media as a valuable investigative tool to “detect and prevent criminal activity,” stating that it may be used for “major criminal investigations,” criminal intelligence gathering, crime analysis, crime prevention, situational assessment reports, criminal intelligence deployment, public safety assessments, and “any other law enforcement use or purpose as authorized by command staff.”
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not require authorization to “research and access information [on social media] for any law enforcement use or purpose when that research involves information that is available within the public domain.” However, it limits authorization to use social media monitoring tools to “a select number of employees,” who must undergo training.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that social media monitoring tools may be used for major criminal investigations, criminal intelligence gathering, crime analysis, public safety assessments, situational awareness reports (e.g., for sporting events or “public order events that require law enforcement presence),” and any other law enforcement use or purpose authorized by command staff. It prohibits using social media monitoring tools to profile people based on protected characteristics, to investigate a city employee (unless it is part of an inquiry, internal investigation, or criminal investigation), for personal uses, or for purposes unrelated to law enforcement. In the event that a department employee must disclose the name and method of the social media monitoring tool for court purposes or to obtain a warrant, the department employee must request a sealing order to “maintain and safeguard a police investigative technique.” The policy requires the special investigations commander to perform periodic audits of each authorized employee to ensure adherence to the policy when using the social media monitoring tool. The policy also states that information gathered from social media should always be corroborated.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy requires department employees to obtain authorization from an immediate supervisor to “use an online alias for any law enforcement use or purpose.”
  
  Requirements or limitations on covert uses of social media
  
  The policy states that online aliases “should be used when anonymity is essential and should focus on gathering information and intelligence on the subject.”
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy prohibits department employees from using social media monitoring tools while off duty unless authorized to do so.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights.
- Investigative Use of Social Media and Internet Sources (2023)
  
  (See p. 416 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Social Media (2019)
  
  (See p. 428 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy does not detail an authorization process for non-covert uses of social media.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy does not impose requirements for investigative uses of social media.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that employees must obtain written authorization from the chief of police before using nonofficial social media accounts for investigative purposes, and that they should maintain a log of all social media postings to nonofficial accounts.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy does not include language regulating department employees’ use of personal devices or accounts to access social media data.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy does not include additional prohibitions on employees’ use of social media.
  
  Discussion of constitutional rights
  
  The policy does not include language addressing the possible impact of collecting or viewing social media on individuals’ or groups’ constitutional rights. The collection of information for law enforcement purposes policy (p. 481) states that department employees are exempt from adhering to the department’s policy against collecting information regarding private sexual information (defined as “any information about an individual’s sexual practices or orientation”) and restricted information (defined broadly to encompass First Amendment–protected activity) when the information is collected as part of a criminal investigation that is based on reasonable suspicion and that information is posted publicly on social media.
West Virginia

West Virginia
Wisconsin
Wisconsin
- Investigative Use of Social Media and Internet Sources (2022)
  
  (See p. 440 of the department manual.)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy allows social media to be used as an investigative tool, but it does not detail further contemplated uses.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  According to the policy, information that can be accessed from any departmental computer and without the need for an account, email address, alias, or other identifier may be accessed and used for legitimate investigative purposes without supervisory approval. However, if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address, department employees must obtain supervisory approval. Any such access and supervisory approval should be documented in the related investigative report.
  
  Requirements for non-investigative uses of social media
  
  The policy does not impose requirements for non-investigative uses of social media.
  
  Requirements for investigative uses of social media
  
  The policy states that department employees should validate information gathered from any internet source and then seek and document corroborative evidence in the related investigative report. All information collected in furtherance of an investigation should be documented in the related report and should include the source of the information and the date and time it was obtained.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy states that department employees must obtain supervisory approval if a website requires creating or using an account, password, email address, alias, or other identifier, or the use of a nongovernmental IP address. Any such access and supervisory approval should be documented in the related investigative report. Additionally, to use a third party’s account or online identifier, department employees must obtain supervisory approval and the third party’s consent. The third party’s consent must be documented in the related investigative report.
  
  Requirements or limitations on covert uses of social media
  
  The policy does not impose requirements for covert uses of social media.
  
  Language governing use of personal devices or accounts
  
  The policy states that department employees should only access information gathered from the internet while on duty and for departmental purposes. If a department employee encounters material on social media that is relevant to an investigation while off duty or using a personal device, they should note the date, time, and location of the discovery and report it to their supervisor as soon as possible. Subsequently, the employee should attempt to replicate the information while on duty and using departmental equipment.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy advises that information collected from the internet should be retained according to department-established record-keeping systems, and that department employees should seek legal counsel before intercepting social media communications in real time, which may be subject to federal and state wiretap laws.
  
  Discussion of constitutional rights
  
  The policy states that the use of social media to access information for criminal investigations should comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. It does not otherwise address constitutional rights.
- Social Media — Investigative Use (2018)
  
  Contemplated uses for social media (other than public-facing use)
  
  The policy endorses the use of social media to investigate criminal activities, and specifically to monitor “any potential or ongoing ‘flash mobs,’ protests, riots, or other mass demonstrations,” as well as for crime prevention. It also notes that compliance will be verified as part of case management meetings with department employees.
  
  Processes for non-covert uses of social media
  
  Authorization requirements for general use of social media
  
  The policy requires authorization (or “command approval”) to use an online alias to seek information for a valid law enforcement purpose (which could include activities that are non-covert, such as viewing sites that require an account). Department employees seeking to create or use an online alias must submit an online alias request form to their commanding officer, who will determine whether using an online alias serves a valid law enforcement purpose. In exigent circumstances that require immediate creation without prior approval, department employees should notify their commanding officer of the online alias as soon as possible and, within a reasonable amount of time following the exigent circumstance, document the online alias, including all information that would have been on the request form. All online alias usernames and passwords should be shared with supervisors.
  
  The policy permits department employees to use social media monitoring tools to gather public information for a valid law enforcement purpose, but it states that they must obtain authorization to use social media monitoring tools to gather nonpublic information. If exigent circumstances require using social media monitoring tools that gather nonpublic information, the employee should notify their supervisor as soon as possible and document the use of the tool within a reasonable amount of time. Upon ending use of the tool for the specified events, the employee should submit a summary describing the actions that resulted from the tool’s use.
  
  Requirements for non-investigative uses of social media
  
  The policy states that all relevant case information obtained from social media should be logged in a case file, suspicious activity report, police report, or intelligence bulletin, and that information gathered from social media that is not documented in one of these authorized files will not be retained. It also states that crime analysis and situational awareness reports may be prepared to help manage special events, including First Amendment–protected activities. Once the event that requires the report concludes, information obtained that is indicative of criminal activity should be retained in an intelligence bulletin, suspicious activity report, police report, or case file.
  
  Requirements for investigative uses of social media
  
  The policy states that information collected from social media should be “corroborated using traditional investigative tools,” including interviews, physical and IP address verification, or “other lawful means.” Department employees should only access alias accounts on departmental devices and while on duty unless otherwise authorized by a supervisor. All relevant case information obtained from social media should be logged in a case file, suspicious activity report, police report, or intelligence bulletin; information gathered from social media that is not documented in one of these authorized files may not be retained.
  
  The policy allows information collected from social media during an investigation that is evidence or indicative of criminal activity to be collected and retained using screenshots, printouts of chat logs, URLs for subpoena or investigative purposes, or other secure digital means of storing information. Department employees may use investigative computer systems and software intended to record data from social media sites.
  
  If a person or organization is not suspected of a crime, the policy states that their name should not be recorded unless labeled as “noncriminal identifying information.” Profile pictures or website images used for online aliases, when necessary, must be of individuals over the age of 18 who are employed by a law enforcement agency and provide written consent for their likeness to be used.
  
  Processes for covert or undercover uses of social media
  
  Authorization for covert uses of social media
  
  The policy requires authorization to use an online alias to seek information for a valid law enforcement purpose. Department employees seeking to create or use an online alias must complete an online alias request form and submit it to their commanding officer, who will determine whether using an online alias serves a valid law enforcement purpose. In exigent circumstances that require immediate creation without prior approval, department employees should notify their commanding officer of the online alias as soon as possible and, within a reasonable amount of time following the exigent circumstance, document the online alias, including all information that would have been on the request form. All online alias usernames and passwords should be shared with supervisors.
  
  The policy clearly states that only sworn department personnel with command approval may partake in undercover activities online. Such activities require department employees to complete an online undercover activity request form and submit it to their commanding officer, who will determine whether the activity serves a valid law enforcement purpose. In exigent circumstances that require immediate use of online undercover activities without prior approval, department employees should notify their commanding officer as soon as possible and, within a reasonable amount of time following the exigent circumstance, document the online undercover activity, including all information that would have been on the request form. Undercover usernames and passwords should be shared with supervisors.
  
  Requirements or limitations on covert uses of social media
  
  The policy states that all relevant case information obtained from social media should be logged in a case file, suspicious activity report, police report, or intelligence bulletin; information gathered from social media that is not documented in one of these authorized files may not be retained. It also states that department employees should only partake in undercover activities online and use alias accounts on departmental devices and while on duty unless otherwise authorized by a supervisor. The policy allows information collected from social media during an investigation that is evidence or indicative of criminal activity to be collected and retained using screenshots, printouts of chat logs, URLs for subpoena or investigative purposes, or other secure digital means of storing information. Department employees may use investigative computer systems and software intended to record data from social media sites. If a person or organization is not suspected of a crime, the policy states that their name should not be recorded unless labeled as “noncriminal identifying information.”
  
  The policy requires that profile pictures or website images used for online aliases and online undercover activities, when necessary, be of individuals over the age of 18 who are employed by a law enforcement agency and provide written consent for their likeness to be used.
  
  Language governing use of personal devices or accounts
  
  The policy states that the use of personal social media accounts is “discouraged” but not prohibited.
  
  Explicit prohibitions on use of social media (other than those outlined above)
  
  The policy requires authorization from the records custodian and the Office of the City Attorney to disseminate information retained in accordance with this policy.
  
  Discussion of constitutional rights
  
  The policy prohibits the use of social media to seek or retain information about an individual’s or organization’s First Amendment–protected activities, protected characteristics, or age (except to determine whether someone is a minor) unless such information is relevant to an individual’s or organization’s suspected criminal activity or is required to identify the individual for a valid law enforcement purpose.
Wyoming

Wyoming

We would like to thank Brennan Center interns, Suzanne Castillo, Joshua Darrish, Esther Eriksson von Allmen, and Indu Pandey, for their help putting this resource together.

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Police Department Social Media Policies

Key:

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