No Suprise, San Bernardino Pd Officer Acquitted of Criminal Misuse of Law Enforcement Computer Database

Posted by Russell J. Cole

Lavon Dwyer was on duty as a patrol officer for the city of San Bernardino on April 2002. He ran the license plate of a Toyota that caught his attention. Nothing of interest turned up, and Dwyer forgot what was only one of many insignificant tasks that he performed during a busy patrol shift that night.

Months later, however, that computer query had become very significant to Dwyer. He found himself being prosecuted for unauthorized access of a computer database, a misdemeanor violation under both Penal Code section 502(c)(3), and Vehicle Code section 1808.45.

The case was tried to a jury over two days this spring, before Judge Kurt Lewin, a venerable bench officer sitting in Department 22, in downtown San Bernardino.

Everyone associated with law enforcement should be aware that computer privacy is a prime concern today. Neither a district attorney’s office nor a police administration wants to be seen as turning a blind eye to possible unauthorized computer access by law enforcement personnel. Better to play it safe and let a jury decide.

In this case, it worked out for everyone involved. The jury soon returned to the courtroom with a verdict of not guilty on all charges. Speaking with the jurors after the verdict, they were able to explain their finding that Dwyer had legitimately accessed his car’s Mobil Digital Computer to seek information about the Toyota.

In today’s world, you must be careful if you have access to a departmental database. This was not the first criminal prosecution of an on-duty peace officer for P.C. 502(c) that counsel for Dwyer has handled. Unauthorized computer access is also an all-too-common issue in administrative discipline cases. Everyone knows that the days are gone in which you could run background inquiries for your off-duty private investigation’s service. But nowadays, as with the case with Lavon Dwyer, and others, even legitimate computer use can land you in serious trouble! So, make sure you have a need to know and a right to know and follow through on whatever information you find.