Should an Officer Use His or Her Personal Cell Phone to Take Work-Related Photographs?

I’ve been asked several times lately whether it is a good idea for an officer to use his or her personal cell phone to take work-related photographs, such as photographs of a crime scene or photographs of seized items. In this post, I explain why I think that’s OK, so long as it is consistent with agency policy. What’s the worry? The officers who have asked me about this have been concerned that an officer who uses his or her personal cell phone to take work-related photographs could face some type of defense discovery motion asking to access the phone, e.g., to ensure that the photographs were taken when the officer claims to have taken them, or to ensure that the images have not been edited or digitally manipulated in a way that compromises their accuracy. Such a motion potentially could result in the officer being deprived of the use of his or her phone for however long the defense examination might take, and could result in the personal content of the officer’s phone being exposed to the defense. Why I don’t share the concern. I have not seen a single reported case in which such a defense motion has been made or granted. Furthermore, I would expect any such motion to receive a skeptical reception from the courts, unless the defendant were able to present some evidence that the officer was not being candid about the the photograph. In a normal case, providing the photograph in print and/or digital format seems [...]