The Dangers Posed by Closed Group Chat Platforms to Police Officers in California
ROGER D. WILSON
Of Counsel
Rains Lucia Stern St. Phalle & Silver, PC
Policing in California has become a political football, kicked between reform advocates and law-and-order loyalists, while officers in the field aim to do their jobs. State legislation like AB 1506, which mandates independent investigations into officer-involved shootings, and SB 2, which created a comprehensive system to decertify or suspend police officers who engage in serious misconduct, were created in the name of “transparency.”
While most officers support transparency in principle, the new legal landscape has made policing and police officers open to public scrutiny like never before. All of you know that your actions on- and off-duty can be fodder for primetime news sound bites, posts on Facebook and X, and TikTok reels. After all, what other professions have their daily activities recorded not only by their employers, but virtually every person they encounter on the job and off?
Despite public scrutiny, officers today are receiving internal affairs (IA) investigation notices stemming from social media platforms or apps. While Facebook posts used to be the norm, the trend now is the use of group chat platforms, which are believed to offer more privacy. Of course, that begs the question: If the apps are so private, how did communications with other group chat participants become public?
The advent of closed group chat platforms has transformed the way law enforcement agencies communicate and collaborate. Platforms like WhatsApp, Slack and iMessage offer real-time connectivity and seamless interaction among officers, enhancing efficiency within departments. However, the informal nature of these platforms presents potential risks and legal implications.
Closed group chats often blur the lines between professional and personal communication. The informal tone can lead to inappropriate or unprofessional behavior, which may escalate into workplace conflicts.
Employees may mistakenly believe that messages exchanged in closed group chats are private and exempt from legal scrutiny. However, communications on these platforms can be subject to legal discovery and used as evidence in criminal and administrative investigations and litigation.
Closed group chats can also pose significant data security risks. Employees might inadvertently share sensitive information, leading to data breaches. Furthermore, former employees may retain access to group chats, increasing the risk of unauthorized information dissemination.
It is very apparent that closed group chat messages leaked to the public in high-profile law enforcement cases in Antioch, Pittsburg and San Francisco in California, as well as Rankin County, Mississippi, illustrate the impact of these platforms.
Case No. 1
The FBI arrested nine current and former California police officers as part of a major criminal investigation into uses of force and violations of civil rights, which resulted in public disclosure of racist text messages of dozens of law enforcement officials, prosecutors said.1 Early morning federal raids rounded up officers from Antioch and Pittsburg, two cities east of San Francisco, after they were charged in four grand jury indictments.
Officers were accused of using racial slurs, bragging about beating up local residents and fabricating evidence. Some group texts included supervisors. The media reported that more than 45 officers, representing nearly half of Antioch’s police department, were implicated.
One of four indictments alleged widespread civil rights violations by three Antioch officers, including improperly using weapons and a K-9 dog, boasting about their illegal uses of force, sharing graphic photos of their victims’ injuries and collecting sponge-round ammunition as mementos of their use of force.
Prosecutors have been forced to drop or dismiss dozens of state cases that involved the officers who were involved, and the local county has assigned attorneys to review thousands more files, according to the publication.
Case No. 2
Not surprisingly, CNN reported that racist and homophobic text messages were allegedly sent by a San Francisco police officer at the center of an ongoing scandal.2 The officer resigned; however, their attorney, Don Nobles, said the texts were “not reflective of who he is” and that “there is no evidence he carried out any of those sentiments as an officer.”3
Mr. Nobles said the texts were seized from the officer’s personal phone and had been exchanged with some of his closest friends on the police force as well as with people he had befriended on his beat.
The investigation marked the second time in as many years the department has been the subject of a racist texting scandal. The messages, sent in 2014 and 2015, were discovered as part of a police department probe into a sexual assault allegation.
Evidence of biased attitudes could be used to undermine the officer’s credibility and result in cases being dismissed. The San Francisco Public Defender’s Office disclosed the texts to CNN at the request of reporters.
Three of four officers implicated in the texting scandal are no longer with the department, and a fourth officer is facing disciplinary charges.
Case No. 3
Six former officers who pleaded guilty in the “Goon Squad” torture of two Black men were sentenced in state court for their actions.4 This case highlights the accountability of law enforcement officers and the consequences they face when engaging in criminal behavior, including group chat text messages. In this case, the so-called “Goon Squad” used the encrypted messaging service WhatsApp. Federal prosecutors cited the texts messages as playing a vital role in the procurement of the guilty pleas of the officers.
The six former Mississippi law enforcement officers were sentenced in state court to 15 to 45 years in prison. Those same officers were already sentenced in federal court to 10 to 40 years in prison.
Conclusions
As law enforcement agencies continue to grapple with the challenges and opportunities presented by closed group chat platforms, it is imperative for officers to exercise caution. Consequences for officers include disciplinary action, including dismissal, civil lawsuits and criminal prosecutions.
Do not unwittingly become embroiled in an IA investigation when you use a group chat platform. A simple guideline to consider: assume every communication you write and send to group members will eventually be read by someone in your department and a member of the public, regardless of what app you use.
About the Author
Roger D. Wilson is of counsel to Rains Lucia Stern St. Phalle & Silver, PC, and represents peace officers in administrative, disciplinary, critical incidents and criminal defense matters.
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- Levin, Sam, “FBI Arrest California Police Officers Involved in Racist Text Messages Scandal,” August 17, 2023, The Guardian (theguardian.com/us-news/2023/aug/17/california-fbi-arrest-police-officers-racist-texts-antioch-pittsburg-san-francisco).
- Glover, Scott, “‘Wild Animals’: Racist Texts Sent by San Francisco Police Officer, Documents Show,” April 26, 2016, CNN (cnn.com/2016/04/26/us/racist-texts-san-francisco-police-officer).
- Don Nobles is an of counsel with Rains Lucia Stern St. Phalle & Silver, PC.
- Tucker, E., Young, R., Sayers, D., Yan, H., “Six Ex-Officers Who Pleaded Guilty in ‘Goon Squad’ Torture of Two Black Men Sentenced in State Court,” April 11, 2024, CNN (cnn.com/2024/04/10/us/goon-squad-mississippi-state-sentencing).