Man Arrested For Unlawful Photography

By Darius Radzius
Reporter / WJHL
Published: July 11, 2008

Nearly everyone carries a cell phone and it’s hard to find one without that camera feature. It’s convenient when you want to take that impromptu photo, but a Tri-Cities area man ended up behind bars after snapping a shot of a Johnson County sheriff’s deputy during a traffic stop.

The cell phone photographer says the arrest was intimidation, but the deputy says he feared for his life.

“Here’s a guy who takes me out of the car and arrests me in front of my kids. For what? To take a picture of a police officer?” said Scott Conover.

A Johnson County sheriff’s deputy arrested Scott Conover for unlawful photography.

Tricities.com

If you go on to read more of the article & the police report, Mr. Conover was charged with POINTING A LASER AT A LAW ENFORCEMENT OFFICER, UNLAWFUL PHOTOGRAPHING IN VIOLATION OF PRIVACY, DISORDERLY CONDUCT

I can't say that he didn't have a laser or wasn't acting disorderly, though the "red light" was probably something off of his iPhone, & he wouldn't have been acting "disorderly" if the cops wouldn't of stopped him.

He is what Tennessee says what UNLAWFUL PHOTOGRAPHING IN VIOLATION OF PRIVACY is.

39-13-605. Unlawful photographing in violation of privacy. — (a) It is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian, if the photograph: (1) Would offend or embarrass an ordinary person if such person appeared in the photograph; and (2) Was taken for the purpose of sexual arousal or gratification of the defendant. (b) As used in this section, unless the context otherwise requires, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual so that the individual is readily identifiable. (c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed. (d) (1) A violation of this section is a Class A misdemeanor. (2) If the defendant disseminates or permits the dissemination of the photograph to any other person, a violation of this section is a Class E felony. [Acts 1994, ch. 970, § 2; 1997, ch. 469, §§ 1, 2; 2000, ch. 667, § 2.]

The side of the road is not a place of reasonable expectation of privacy.

I have a similar story...

Last time I was arrested, while I was getting booked at the station I overheard the cops talking about some kid in the holding cell who had been waiting there since he was arrested about 10 hours earlier. They let him come out again to try to contact his parents, who he had been unable to reach, to bail him out. They lead out this young boy who didnt even look like he was in high school yet, and they let him make a call. Noone picks up, and he gets led back to his cell. As hes being walked back I hear him yelling about how bullshit this is.

I asked what the kid did, and one of the cops told me that the kid had taken his picture without his permission. I started laughing, but he wasnt joking. I asked if you really can be arrested for taking a picture of a police officer and I was told "we're cops, we can do whatever the fuck we want" (QUOTE)

Posted by willskith I have a similar story... Last time I was arrested, while I was getting booked at the station I overheard the cops talking about some kid in the holding cell who had been waiting there since he was arrested about 10 hours earlier. They let him come out again to try to contact his parents, who he had been unable to reach, to bail him out. They lead out this young boy who didnt even look like he was in high school yet, and they let him make a call. Noone picks up, and he gets led back to his cell. As hes being walked back I hear him yelling about how bullshit this is. I asked what the kid did, and one of the cops told me that the kid had taken his picture without his permission. I started laughing, but he wasnt joking. I asked if you really can be arrested for taking a picture of a police officer and I was told "we're cops, we can do whatever the fuck we want" (QUOTE)

i was arguing with a RI state trooper recently over a speeding ticket that i had paid (i had a receipt with the citation number on it and my bank statement proving it was paid) and it was never marked as paid in their system after 4 months so they suspended my licence. his exact quote:

"look son, we're the state police, we don't make mistakes."

He probably was wanted in another state for sexual assault or beating his wife and didn't want anyone to recognize him in a picture on the Internet. PIGS... they never cease to amaze me.

Posted by jeffmc i was arguing with a RI state trooper recently over a speeding ticket that i had paid (i had a receipt with the citation number on it and my bank statement proving it was paid) and it was never marked as paid in their system after 4 months so they suspended my licence. his exact quote: "look son, we're the state police, we don't make mistakes."

true. i think it's kind of funny to see all these websites telling us to stand up to the police and cite various laws and court decisions when confronted. as far as i can tell, doing that will just piss the cop off and get you arrested. i've met many a cop with the attitude in willskith's story, the "i'm a cop, and i can do whatever the fuck i want" attitude.

as far as photography, i've been frisked and questioned once for carrying a camera across the grass of the federal building on 19th in Denver. seriously, i cut across the grass and heard a 'HEY! STOP!' behind me. two seccas on their break ran over, told me to drop the camera and get on my knees. i complied, they searched me, asked me what business i had on federal property. "going over to that sidewalk", i answered. i handed over both my driver's license and my press ID, and they gave me some bullshit story about how it looked like i was heading for an off limits door, realized that doing anything would just cause them more paperwork, and let me off.

I always say it, and I hate to say it, but not all cops are bad. That said, ALMOST ALL COPS ARE BAD!!! To quote (or more likely paraphrase) Mike D of the Beastie Boys, "My name is Mike D and I don't trust cops!" He used to say that every night at the beginning of their shows and EVERYONE would cheer! Okay, my rambling is over, now I'm gonna go listen to some MDC.

Posted by willskith a good cop is a dead cop

A tad harsh, don't you think? I know I have a several instances in my life where I was quite thankful there were police officers available. For the most part, they are good people, just as every other profession in life. If they got a little more respect, it wouldn't trickle down to bullshit charges on people who may or may not deserve it. Just my penny thoughts.

In Seoul, there is a large US airbase right in the middle of the city. If you take photos in front of any of the gates, you will get your camera confiscated and probably end up in Guantanamo Bay. I'm not surprised cops would also want to not be photographed.

Here's a more freakish story about a photographer getting in trouble for nothing.
http://www.foxnews.com/story/0,2933,382481,00.html

Moral of the story here is to not piss off the cops.

It is up to you. Comply, or face being arrested for a bullshit charge, thrown in jail, have to come up with bail money, explain it to your employer, go through the expense of a lawyer and the hassle of the court system, only to get let off.

And don't think about going after the officer or the police service civily for a false arrest - it will cost you more than it is worth and will only put you in the shit books with the police, which only starts the process all over again.

I'll be an Air Force cop in 2 years, then 4 years after that I will be a TN State Trooper or TVA Police Officer.
Or at least that's what I'm trying to do right now.

The only times I've dealt with police they have been very courteous and helpful.
I especially like cops when I run stop signs in front of them and they don't even blue light me.

In reply to willskith's comment, that's my blood kin you're talking about, watch your fucking mouth.

Posted by tholcomb In reply to willskith's comment, that's my blood kin you're talking about, watch your fucking mouth.

here we go again. it all goes down hill from here.

While we're on the subject, forget about taking pics of US border crossings. The GF and I got detained for about 20 minutes in may up in Madawaska, Maine when she snapped off a pic of the car checkpoint while coming in from New Brunswick right in front of an immigration inspector. They questioned us and copied all the pics on our digital camera. Keep in mind that the station was not posted "no photography".

I really should have dropped that my aunt worked in that office as a secretary, but didn't wanna piss the locals off.

most cops are assholes unless your dad is a cop, then they are REALLY NICE...

Most cops are assholes if you're an angsty 13-20 year old kid who doesn't know how to handle themselves around one. I've been arrested about 7 or 8 times (used to be a bad kid long ago) but I've been caught doing things wayyyyyyy more times then that. I'd say 9/10 times, if you're respectful and courteous, you can either get off completely scot free (depending on the severity), or get lesser charges. Once you start playing hardball, or angry renegade kid, they do three things: laugh at you, stop trying to help you, and lead you into making more mistakes.

As a person who lives and spends time near/in a city positively ripe with corruption (Newark NJ), you'd think I'd share your views. But the thing is, you have to understand that most of the time these people are just doing their jobs, and not all of them are power tripping assholes. Think about the jobs they have, so much stress, constantly on the lookout for somebody trying to take them out. And it does push the good ones to become assholes, but that's not their fault, it's the fault of society and the people who live in it.
That's not to say there's not an overwhelming amount of the regular assholes, but saying "the only good cop is a dead cop" is a statement of unbelievable ignorance.

I recently got pulled over doing 65 in a 35... It was a very open woods road, clear sunny dry day, no real danger to anybody but the deer in the woods and myself. Cop pulls me over, starts with the normal shit. I act polite but firm, guy ends up giving me a ticket for "obstruction of view" (I had some smelly tree things hanging from my rear view) instead of 30 miles over speeding ticket. Saved me a moving violation, hundreds of extra dollars, and points on my license. Does that guy deserve to die? You'd be off your rocker to say yes. He still made revenue for his town, and did his job without potentially messing up somebody's life for awhile. I even shook his hand after he handed me the ticket.


P.S. - Instead of turning this into a flame war, explain to me why you think "every cop is an asshole, or "a good cop is a dead cop" so civil discourse can take place. Without civility, there is no point in discussion.

Posted by tholcomb I'll be an Air Force cop in 2 years, then 4 years after that I will be a TN State Trooper or TVA Police Officer. Or at least that's what I'm trying to do right now. The only times I've dealt with police they have been very courteous and helpful. I especially like cops when I run stop signs in front of them and they don't even blue light me. In reply to willskith's comment, that's my blood kin you're talking about, watch your fucking mouth.

i dont feel like explaining myself again. I said the same thing in a thread recently and someone got a stick up their ass about it, so I'll just repeat what I told him. But I'll fucking stand by everything I say. A good cop... is a dead cop.

Posted by willskith Take it easy. I didn't mean he should die because he is a cop, its a figure of speech that implies that as long as a cop is living, said cop is not a "good" cop, because "good cop" is a paradox. I got some angry messages so here is what I have to say to all those who are pissing and moaning about this: I see a giant hole in the logic behind the idea of a united force of "protectors" who are empowered by the state to uphold their questionable laws and to do what they see fit to make sure everyone stays in line. Its not that a cop cant do good things or be good people, its the fact that they are an unquestionable entity that can do whatever they want. It doesnt matter that the number of "good" cops vastly outweighs the number of "bad" or corrupt, but as long as they have the power interpret and enforce the law as they see fit without any real system of checks and balances, then there can be no such thing as a "good" cop. Its a broken system with no one to protect us from our protectors.

Hm, while I share your views on the wielding of too much power, I wonder what you would suggest be done about it? Do you believe a society without law enforcement could work? Should it be put solely in the hands of the people? Because unfortunately there are people who need others to protect them.

Or do you simply believe the system should be overhauled? How could this problem be fixed? I'm interested in hearing your thoughts.

I still believe you're going way to far with it. Just because they wield too much authority doesn't mean they deserve to die. What about the ones who wield their authority wisely? That's pretty much the definition of a good cop. The guy who gave me that ticket used his authority in a completely appropriate way, and I'm saying this even after paying the 70$ ticket. Are you saying even those who don't abuse their authority are bad??

You might think to say they all abuse it in one way or another, but some things don't really can't count. The cop using his lights to get through a traffic jam is fine with me, if I could do it myself I would.

Posted by ActionSatisfaction Esq. Do you believe a society without law enforcement could work? Should it be put solely in the hands of the people?

That would be great when I'm on my way to work, I could teach those stupid ass kids that walk up to the hood of my truck before getting out of my way a lesson.

Posted by tholcomb That would be great when I'm on my way to work, I could teach those stupid ass kids that walk up to the hood of my truck before getting out of my way a lesson.

Wait... there on the hood of your truck, and you dont just punch the accelerator? ummmm hello?

Oh I hear you, I would love like no other the ability to be able to pull some gun and blow out the tires on the guy who just cut me off on the parkway, or to be able to walk over and break every finger of an asshole neighbor who beats his wife every night. But the thing is there's no line to be drawn when it's up to the people. Whats to stop somebody from killing you simply for stepping on their shoes?

I suppose an argument against that is people would be more careful, and criminals would be less brazen if they knew everybody was a vigilante. But for some reason I don't see that happening. In a situation like that, normal people quickly become the "criminals" themselves. Not to mention you would constantly have to look over your shoulder. You practically have to already...

Posted by ActionSatisfaction Esq. Most cops are assholes if you're an angsty 13-20 year old kid who doesn't know how to handle themselves around one. I've been arrested about 7 or 8 times (used to be a bad kid long ago) but I've been caught doing things wayyyyyyy more times then that. I'd say 9/10 times, if you're respectful and courteous, you can either get off completely scot free (depending on the severity), or get lesser charges. Once you start playing hardball, or angry renegade kid, they do three things: laugh at you, stop trying to help you, and lead you into making more mistakes.

I think you hit the nail on the head with that one. For the most part the cops don't want to harass/arrest you. It is a ton of paperwork for them and harmless trespassing is a victimless crime. Even the corrupt ones usually want to believe they are protecting people or doing the right thing, not just a glorified babysitter chasing kids around. True, some of them do go on power trips and arresting the guy for wrongful photography was bad. On the whole they probably freak out about the photographing because they feel threatened about being busted for doing something wrong themselves or are following orders about operational security. That does not excuse their behavior for that particular case.