1-23 Unrestricted Internet Access

NARCOTICS BUREAU

DETECTIVE DIVISION

LOS ANGELES COUNTY SHERIFF DEPARTMENT

Bureau Order Number:       1-23

                                                              Subject:        UNRESTRICTED INTERNET ACCESS

I.  CONCEPT AND ISSUES

A. Purpose

The purpose of this Bureau order is to establish guidelines for Bureau members with authorized un-restricted access to the internet on Department computers.

B. Background

Since the advent of Department personnel using Department owned computers with internet access, there have been restrictions and filters in place to prevent certain content from being transmitted or received at those computers.  Those filters restrict language and certain graphic media that have the potential of being offensive by nature or possibly create a hostile work environment.  However, there are instances where for specific investigative purposes, it is appropriate and necessary for these filters to be lifted for specified personnel. 

C. Scope of Policy

This policy is directed to all Narcotics Bureau personnel.

D.  Training

Narcotics Bureau sergeants and lieutenants shall ensure that all personnel under their supervision have been appropriately briefed on the contents of this policy.

E.  Accountability

The Analytical Unit/Training Sergeant is accountable to establish and maintain a tracking system to record each Bureau member with unrestricted internet access.

II. POLICY

Bureau members are reminded that although they may be actively involved in an investigation and operating with the permission and authorization of the Bureau Captain, it does not relieve them from the potential for allegations of Policy of Equality violations.  Instead, working in this arena with the support of the Bureau Commander can only act as a defense, should there be such an allegation.  The weight of such a defense can only be determined by the details of the complaint and the reasonableness of the detective’s actions.  Therefore, safeguards must be established to minimize the risk of violations or tensions within the crew offices while conducting such investigations.  Only those investigations wherein a direct nexus to narcotics related crimes shall be approved for unrestricted access.

A. Documentation

Each detective desiring unrestricted access shall complete a memo (SH-AD-32A) to his/her respective zone lieutenant, via the crew sergeant.  If the zone lieutenant concurs, he/she shall make a notation on the memo and forward same to the Bureau Captain.  If the Captain concurs with the request, the Captain will then make the appropriate request to Data Systems Bureau (D.S.B.) that the restrictions for that individual investigator be removed.  Additionally, the lieutenant shall notify the Analytical Unit and provide the name of the detective and the effective date.  The lieutenant will also notify the crew sergeant, who will then notify the respective detective.      

B. Analytical Unit Responsibilities

The system will track the name, unit of assignment, date unrestricted access was effective and the date removed.  Additionally, a file will be maintained to collect and store the original memo documenting the approval of such access.  These records shall be maintained for 5 years, and only purged if no P.O.E. complaints have been received.  The Analytical Unit will, every three months, notify the Zone Lieutenants of personnel in their respective zones who have had their filters removed.  The Zone Lieutenant will make a determination if this needs to be continued. 

C. Detective Responsibilities

• Self-Discipline

• Resist the temptation to stray from investigation related material

• Be aware of your surroundings - Who else can view your computer screen

• Evaluate the investigative value items displayed on your computer screen                        

●         If no evidentiary value exists, remove any potentially offensive material immediately.

• If it is determined to have potential value, make the appropriate investigative responses in a timely manner, then immediately erase that material from the screen.

• The local District Attorney’s Office may require a printed copy of any correspondence made via the internet to be used as evidence during prosecution.  Care must be exercised to preserve that evidence in a manner that is out of view.  

• Always be aware that voices can travel.  While discussing the responses with other crew members, be mindful that the subject matter may be offensive to others that you cannot see, but can hear your voice.    

Never leave your computer unattended when such material is on the screen:

• Delete the material from the screen if not necessary for further investigation

• If the material must be kept on the screen and you are called away, lock the computer to prevent unintended viewing.

• Log all sessions in your “red book” with the starting and ending times that you were viewing otherwise blocked material.  Present these entries to the crew sergeant regularly for his review and initials.

D. The Crew Sergeant Responsibilities

• Monitor the material viewed by any bureau personnel with unrestricted access to ensure the viewing is strictly for the purposes of initiating or continuing an investigation.

• For the crew members with the unrestricted access, the Crew Sergeant shall frequently review the respective members “red book” to ensure that entries are made whenever members are accessing materials that would otherwise be restricted.  The sergeant shall initial all such entries.

• Consider the number of crew members that require unrestricted access

• If a crew member leaves the crew for any reason, the need for keeping his/her unrestricted access must be assessed on an individual basis. 

• Monitor the level of productivity from such access on a regular basis.  If no longer productive, re-in state restrictions.

• Brief other personnel in the work area that access is authorized to prevent unwarranted P.O.E. complaints.

E.  Zone Lieutenant Responsibilities

• Ensure the crew sergeant is initialing the red book entries

• Evaluate the necessity for each request

• Number of members with unrestricted access at each unit

• Amount of success from previous web based investigations, if any

NOTE: This Bureau Order will only serve as a defense if the member can clearly articulate the relationship between the material viewed and an active or pending investigation.  Viewing material that a member is unable to demonstrate a relationship with an investigation places the investigator in jeopardy of violating established policies and may subject the member to discipline.    

All personnel utilizing or supervising employees who may be required to view potentially offensive materials must be ever mindful of the Department’s Policy of Equality and its requirements.  It is the users and supervisors ultimate responsibility to ensure that other employees are protected from inadvertently viewing this material.  Failure to take adequate precautions could subject the user and/or supervisor to disciplinary action under the Policy of Equality.

ORIGINAL SIGNED

LOY L. MCBRIDE, CAPTAIN

NARCOTICS BUREAU