There is no evidence to support claims of illegal use or misuse of the TigerConnect app by the PD, and no complaints or reports of adverse effects in criminal or civil cases No individual has come forward to make or substantiate any of the claims of misuse of [sic] illegal use of the TigerConnect app by the PD as reported in the media articles which prompted this review It appears that the use of the TigerConnect app by the PD is in compliance with existing and emerging policies of the City regarding records retention, as well as state law on the subject The self-destruction of messages on the TigerConnect app, and the policies of the City permitting that function, do not violate or prevent compliance with the Public Records Act The use of the TigerConnect app by the PD does not violate constitutional or statutory requirements for retention and disclosure of evidence in criminal cases and there are no reports of constitutional or discovery issues in cases prosecuted in which the PD was an investigating agency The operation of the TiggerConnect messaging app would not, outside of the context of active litigation, be considered "spoliation," subject to any type of discovery sanction by the courts, resulting in prejudice to the City in its civil litigation. The City could now undertake applicable policy review to ensure those measures comprehend this technology, address its uses and are consistent with overall communications policies [Source: "Report to the City of Long Beach -- Long Beach Police Department Acquisition and Use of the TigerConnect Instant Messaging App Legal and Policies Issues." Dec. 2018, pp. 6-7] prepared by Gary W. Schons, of counsel to Best Best & Krieger, LLP, City hired attorney (Best, Best & Krieger firm)
The report adds: "The standard for thorough and complete legal research, judgment and advice expected of legal counsel were applied to [the report's] determinations and those were reviewed by a number of this firm's counsel internally." [Report p. 4]
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