The advancement of technology has made our career field easier and harder at the same time. Communication now can be instantaneous. We have evolved from a cop pushing a sled having to stop at 7-11 to use their phone to a beeper to a cellphone, Nextel chirp phones, FaceTime and so on.

As cops, we are always looking for ways to make the job easier and streamline communications, sometimes to our detriment. The Nevada Revised Statutes specifically address the requirements of police agencies regarding the use of mobile-issued devices:

NRS 289.827 Requirement for law enforcement agency to adopt written policy concerning use of issued mobile devices; approval of certain mobile applications by law enforcement agency for official use on mobile device prohibited.

1. Each law enforcement agency shall adopt a written policy setting forth standards of conduct for the use of any mobile device issued by the law enforcement agency to any peace officer employed by the agency for use by the peace officer while performing official duties.
2. In addition to including rules for the appropriate use of a mobile device by a peace officer while performing official duties, the written policy adopted by a law enforcement agency pursuant to this section must:
   (a) Establish which mobile applications are approved for official use on a mobile device; and
   (b) Prohibit the use of any mobile application that is not approved for official use on a mobile device.
3. A law enforcement agency may not approve for official use on a mobile device any mobile application that uses end-to-end encryption or any other means with the intent to avoid the creation, retention, or lawful discovery of records or data relating to the communications of a peace officer.

Number 3 is critically important. At no point should any LVMPD supervisor ask or order you to install and utilize an end-to-end encrypted messaging application on your Department-issued cellphone, as it is illegal. That would be an example of an unlawful order. If you ever encounter this issue, please contact us immediately to address the issue in real time. 

Regarding your personally owned cellphone, do not use your personally owned cellphone for work-related business, period. It is poor practice. Do not install and use end-to-end encrypted messaging applications for work purposes on your personally owned cellphone. By doing so, you could potentially lose your device and or the contents of your device to the discovery process in litigation. 

If any supervisor orders you to do this or suggests that you do this on your personally owned device, tell them no. That, too, is an unlawful order. The department does not expect you to use your personally owned cellphone for work purposes. Always remember, when using your Department-issued cellphone for text communications, never text a message that you would not want to read out loud to a jury during a trial. Communications on your work cellphone are not private. 

Thank you for taking the time to read this, and as always, if you have any questions or concerns, please reach out. Stay safe and thank you for your membership.