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Liability Issues and On-Duty Cellular Phone Use

NCJ Number
182946
Journal
Police Chief Volume: 67 Issue: 1 Dated: January 2000 Pages: 47-51
Author(s)
Al E. Maroney
Date Published
January 2000
Length
4 pages
Annotation
After identifying potential liability issues in police officers' on-duty use of personal cellular phones, this article suggests policy guidelines regarding cellular phone use.
Abstract
Some police officers carry and use cellular phones to communicate with citizens or witnesses to get immediate updates on any activity at a target residence to which the officer has been dispatched through normal channels; however, the officer may fail to advise the assisting unit or the dispatcher of the information received over the cell phone. The results could be tragic, despite the best intentions of the officer who initiated the telephone contact. This is just one example of the countless problems that can result from on-duty cellular phone use. Departments should develop a policy on officer cellular phone use. The policy should require officers to declare that they will have a personal cellular phone with them while on duty. Officers should also be required to provide the department with their cellular phone number and to sign waivers that would allow the department to inspect their monthly cellular bills with good cause. Further, the policy should involve research as to whether officers can be held liable for on-duty accidents if it can be shown that the accident occurred while driving and talking on a personal cellular phone. Finally, do not allow officers to use a cellular phone to step outside any calls-for-service protocols established by the department.