PEMBROKE PINES, Fla. — A federal judge has ruled that an internal effort by the City of Pembroke Pines to obtain police officers’ private text messages through a public records request was “invalid and unenforceable” under Florida law.
The decision stems from a lawsuit filed by the Fraternal Order of Police and two officers, challenging an internal affairs demand for messages sent on personal cellphones.
Local 10 News previously reported on the dispute when the officers objected to turning over the messages.
In a March 30th order, U.S. District Judge Ed Artau denied the officers’ request for a temporary restraining order and preliminary injunction. However, in explaining that decision, the judge found that the public records request at the center of the case was legally invalid.
According to the order, the internal affairs investigator who issued the request was acting on behalf of the police department and the city. Because of that, the judge determined the request was made by a government “agency,” not a private “person.”
Florida law allows “persons” to request public records, but the court found that term does not include government agencies or employees acting in their official capacity.
“As used in [Florida law], the word ‘person’ refers to a common law person and not the government or its agents,” the judge wrote.
Based on that interpretation, the court concluded the request for the officers’ text messages was “invalid and unenforceable.”
The judge also found that because the request was invalid, the officers could not lawfully face criminal penalties for refusing to comply.
The case involves text messages exchanged between two officers on their personal phones while off duty, discussing a workplace issue related to shift changes and a union contract. The department later sought those messages as part of an internal investigation.
The order also addressed constitutional claims and found no violation of the Fourth Amendment. The judge wrote that the department never conducted a forced search or seized the messages, and that earlier requests for the texts were voluntary.
Despite siding with the officers on the validity of the records request, the judge denied their request for emergency relief. The court found the officers did not demonstrate “irreparable harm,” which is required for a temporary restraining order or injunction.
The lawsuit remains ongoing.
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