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.
“He says you took a picture of me. It’s illegal to take a picture of a law enforcement officer,” said Conover.
Conover took a picture of a sheriff’s deputy on the side of the road on a traffic stop. Conover was stunned by the charge.
“This is a public highway,” said Conover.
And it was not a place where there is a reasonable expectation of privacy as Tennessee code states. The deputy also asked Conover to delete the picture three times.
“He said if you don’t give it to me, you’re going to jail,” said Conover.
Under the advice of the Johnson County attorney, the sheriff would not comment and the arresting deputy said he didn’t want to incriminate himself by talking to us.
In an affidavit, the deputy said he saw something black with a red light which he thought was a threat. Conover was also arrested for pointing a laser at a law enforcement officer.
“At no time did I have a laser. I had an iPhone,” said Conover.
When you take a picture in the dark with Conover’s Apple iPhone, there is no flash or any light that comes from the phone that could be mistaken for a laser.
In a witness statement by a Mountain City officer, is says the deputy asked about the picture rather than looking for a laser.
“If you arrested me, wouldn’t you take the laser? If you arrested me, wouldn’t you take the camera?” said Conover.
He expects these charges to be dismissed.
“This guy maliciously arrested me, charging me with phony charges that he don’t even understand himself,” Conover said.
The American Civil Liberties Union would not comment on Conover’s case without fully reviewing the allegations, but told us there is no law that prohibits anyone from taking photographs in public areas, even of police. Taking photos is protected by the First Amendment. Conover is ordered to appear in a Johnson County court on August 6th.
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AFFIDAVIT OF COMPLAINT
GENERAL SESSIONS COURT OF JOHNSON COUNTY TENNESSEE
State of Tennessee vs. JOHN SCOTT CONOVER
Johnson County Case # 08-0816 70120 70121 70122
AFFIDAVIT OF COMPLAINT
I, the affiant named below, after being sworn, state under oath that on or about 06-08-2008 in MOUNTAIN CITY Johnson County, Tennessee, JOHN SCOTT CONOVER committed the offense(s) of violation(s) of T.C.A § 39-16-515 POINTING A LASER AT A LAW ENFORCEMENT OFFICER 39-13-605 UNLAWFUL PHOTOGRAPHING IN VIOLATION OF PRIVACY 39-17-305 DISORDERLY CONDUCT. I further state under oath that the essential facts constituting the offense(s), the sources of my information and the reasons why this information is believable and reliable are as follows:
ON THIS DATE THIS OFFICER WAS ON A TRAFFIC STOP ON HIGHWAY 421 NORTH ABOUT .1 TENTH OF A MILE FROM JOHSON HOLLOW. THE INITIAL STOP OF A MULTI-COLORED MUSTANG WAS THAT THE DRIVER WENT ACROSS THE CENTER OF THE ROAD THREE TIME FROM COLD SPRINGS TO JOHNSON HOLLOW. UPON INVESTIGATION OF THE DRIVER THIS OFFICER NOTICED MR. JEFFERY DUNN IN THE BACK SEAT. RAN MR. DUNN LOCAL WARRANTS CHECK HE AHD CHILD SUPPORT SUMMONS. WHILE WAITING FOR THE PAPER WORK A HUMMER CAME BY WENT 30 TO 40 YARDS PAST US AND TURNED AROUND. THE HUMMER CAME TO A DEAD STOP IN THE MIDDLE OF THE ROAD ROLLED DOWN THE WINDOW AND POINTED SOMETHING BLACK WITH A RED LIGHT, THIS OFFICER TURNED TO THE OTHER OFFICER TO PROTECT HIM AND SAID [expletive] KEN. I THOUGHT HE WAS GOINT TO SHOOT US, THEN THE MAN SAID TO SMILE AS HE TOOK A PICTURE WITH OUT OUR CONSENT. THEN THE HUMMER WENT DOWN THE ROAD 30 TO 40 YARDS AND CAME BACK TOWARD US. PATROLMAN KEN LANE AND MYSELF STOP THE VEHICLE TO CHECK. THIS OFFICER ASKED THE MALE SUBJECT TO HAND OVER THE CAMERA OR TO DELETE THE PICTURE. THE MALE SUBJECT STATED THAT HE WAS NOT GOING TO DO ANYTHING AND GOT IRATE. THIS OFFICER ASKED FOR THE MALE SUBJECTS NAME HE STATE IT WAS JOHN SCOTT CONOVER. THIS OFFICER ASKED MR. CONOVER TO DELETE THE PICTURE TWO MORE TIMES, HIS WIFE EVEN TO HIM TO JUST DELETE THE PICTURE AND QUIT MAKING IT WORSE. THIS OFFICER CHARGED MR. CONOVER WITH THE ABOVE CHARGES AND WAS TRANSPORTED TO THE JOHNSON COUNTY JAIL FOR BOOKING BY PATROLMAN KEN LANE.
Affiant’s Signature: [signed - Deputy Starling R. McCloud]
Name (Printed): DEPUTY STARLING R. MCCLOUD
PROBABLY CAUSE DETERMINATION
Bassed on the affidavit of complaint, I find there is probably cause to believe that on the date set forth above in County, Tennessee the defendant committed the offense(s) of violation(s) of T.C.A § 39-16-515 POINTING A LASER AT A LAW ENFORCEMENT OFFICER 39-13-605 UNLAWFUL PHOTOGRAPHING IN VIOLATION OF PRIVACY 39-17-305 DISORDERLY CONDUCT
(X) Defendant given citation or arrested without warrant
( ) Arrest warrant shall issue
( ) Criminal Summons shall issue
Date 6-7-08 [signed] Judge/Clerk/Judicial Commission
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WITNESS STATEMENT—Statement from Mountain City police officer on scene assisting Johnson County Sheriff’s Deputy.
On this date 06-08-08 this officer was on patrol, near McDonald’s. I heard Deputy McCloud by radio go 10-81 Hwy 421 North right acros from Ralph Stout Park. Then I heard checking three Driver License. I then headed his way. Upon my arrival I seen Deputy McCloud sitting in his vehicle with his emergency lights on. I pulled in behind him and turned my lights on. I went towards Deputy McClouds vehicle and asked him if everything was O.K. I told dispatch Center where I was. Deputy McCloud asked dispatch Center to get the other city Officer to retrieve the Criminal Summons on the subject in the vehicle. As we waited a Hummer was traveling South on Hwy 421. The driver drove by real slow. I watched the Hummer turn around and come back to Deputy McClouds traffic stop. The driver then stopped where we were. I seen a red light come on through the drivers side window, then this subject stated, “Smile, I’m going to take your picture. He then drove off traveling North on Hwy 421. I watched this same vehicle turn back around and Deputy McCloud asked me to stop this vehicle for him. I stopped the Hummer and Deputy McCloud asked the driver Why did you take our picture? Deputy McCloud then asked the driver to delete the picture and told him he could leave. The driver was Mr. Conover. this man became very irrate and started cursing. Deputy McCloud asked Mr. Conover just to delete the picture and he refused. this Officer heard the woman in the passenger seat say “Just Delete It.” Two children were sitting in the back seat as well. Deputy McCloud then placed Mr. Conover under arrest For Disorderly Conduct, Unlawful Photographing and Pointing a Laser at Law Enforcement Officers. Deputy McCloud asked Patrolman Ben May for his handcuffs. Two sets were used on this subject. Deputy McCloud then asked this officer if I would transport this man to the Johnson County Jail.
Officer Kenneth Lane
[signed - Kenneth Lane]
06-12-08
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WITNESS STATEMENT—Statement from Mountain City police officer who arrived on scene while officers were questioning driver of Hummer.
MOUNTAIN CITY POLICE DEPARTMENT STATEMENT FORM
ON JUNE SIXTH 2008, DEPUTY STARLING MCCLOUD, WITH THE JOHNSON COUNTY SHERIFF’S DEPARTMENT AND OFFICER KEN LANE WITH THE MOUNTAIN CITY POLICE DEPARTMENT, WERE ON A TRAFFIC STOP ON HIGHWAY 421. ONE OF THE SUBJECTS IN THE VEHICLE HAD A CRIMINAL SUMMONS TO BE SERVED. DEPUTY MCCLOUD REQUESTED THAT I, OFFICER BEN MAY WITH THE MOUNTAIN CITY POLICE DEPARTMENT, GO THE THE JOHNSON COUNTY SHERIFF’S DEPARTMENT AND PICK UP THE CRIMINAL SUMMONS THAT WAS TO BE SERVED. WHILE EN ROUTE TO THE TRAFFIC STOP, OFFICER LANE REQUESTED THAT I UPGRADE TO EMERGENCY TRAFFIC. UPON MY ARRIVAL I OBSERVED A WHITE, AND WHAT APPEARED TO BE A GOLD, COLORED FORD MUSTANG, SETTING ON THE SIDE OF THE ROAD. DEPUTY MCCLOUD’S PATROL CAR WAS SETTING BEHIND THE MUSTANG. ALONG WITH OFFICER LANE’S PATROL CAR BEHIND DEPUTY MCCLOUD’S PATROL CAR. I ALSO OBSERVED A COPPER COLORED HUMMER SETTING IN THE SOUTH BOUND LANE ON HIGHWAY 421. OFFICER LANE AND DEPUTY MCCLOUD WERE SPEAKING WITH A MALE SUBJECT BESIDE THE LEFT SIDE OF THE HUMMER. THE MALE SUBJECT WAS OUT OF THE VEHICLE, WAVING HIS ARM’S AND APPEARED TO BE DISORDERLY. I APPROACHED THE MALE SUBJECT AND THE ABOVE NAMED OFFICERS. WHEN I GOT TO THE VEHICLE, DEPUTY MCCLOUD REQUESTED THAT THE SUBJECT SHOW HIM A PICTURE THAT HE HAD APPARENTLY TAKEN BEFORE MY ARRIVAL. THE MALE SUBJECT REFUSED TO COOPERATE WITH DEPUTY MCCLOUD. DEPUTY MCCLOUD THEN PLACED THE SUBJECT UNDER ARREST FOR DISORDERLY CONDUCT. DEPUTY MCCLOUD WAS PLACING THE SUBJECT IN HAND RESTRAINTS. WHILE DEPUTY MCCLOUD WAS PLACING THE SUBJECT IN HAND RESTRAINTS, THE SUBJECT DEMANDED THAT HIS DAUGHTER TAKE ANOTHER PICTURE. I THEN SEEN A YOUNG GIRL TAKE A PICTURE OF THE SUBJECT, DEPUTY MCCLOUD, AND MYSELF. DEPUTY MCCLOUD PLACED THE SUBJECT IN THE BACK OF OFFICER LANE’S PTROL CAR. DEPUTY MCCLOUD THEN FINISHED THE TRAFFIC STOP WITH THE FORD MUSTANG AND SERVED THE CRIMINAL SUMMONS. AFTER THE SUBJECT FOR DEPUTY MCCLOUD FINISHED THE TRAFFIC STOP, OFFICER LANE TRANSPORTED THE SUBJECT FOR DEPUTY MCCLOUD TO THE JOHNSON COUNTY SHERIFF’S DEPARTMENT. I WA NOT INVOLVED ANY FURTHER.
I SEAR THAT THE ABOVE STATEMENT IS TURE TO THE BEST OF MY KNOWLEDGE.
[signed - Patrolman Ben May]
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TENNESSEE CODE
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.
39-16-515. Pointing a laser at a law enforcement officer. —
(a) It is an offense to knowingly activate and point a laser pointer or other device utilizing a laser beam at a person known to be a law enforcement officer while the officer is in the performance of the officer’s official duties with the intent to place the officer in fear of serious bodily injury or death.
(b) In order for subsection (a) to apply:
(1) The law enforcement officer must actually be placed in fear of serious bodily injury or death;
(2) The fear must be real or honestly believed to be real at the time; and
(3) Based upon the facts and circumstances surrounding the defendant’s conduct, the fear must be founded upon reasonable grounds.
(c) A violation of this section is a Class A misdemeanor.
39-17-305. Disorderly conduct. —
(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:
(1) Engages in fighting or in violent or threatening behavior;
(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
(3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
(c) A violation of this section is a Class C misdemeanor.
4 comments:
The office really should spend sometime learning the law, and think of a better excuse other than the lame laser he did not even look for at the scene.
5TS,
I grant that the police are grasping.
If we accept that the three officer reports are true, and the similarity of the facts between them and lack of dispute in the Def's report suggest that they are, then the Def. is one of the greatest dumb-ass Jerks on the planet.
Police have someone pulled over. You don't know what the subject of the stop has done or whether they are about to be arrested or cited.
Normal people slow down and give the officers a wide berth as you pass them. Only an asshole stops, takes a picture, then returns to egg them on.
Too bad there ISN'T a charge for being a fricken idiot in public.
As for his complaint that the police unlawfully arrested him in front of his children, it is the Def. who should be embarrassed. He is the one who made a public spectacle of himself and taught his children to show a high degree of disrespect to the law.
No, my friend, no sympathy from me... The Def. is an asshole and got exactly what he deserved, whether or not the charges hold up in court.
I must respectfully disagree with GV.
The photographer, asshole or not, did not “g[e]t what exactly what he deserved": He was bullied. If he had been shunned or taunted by his neighbors (or even random strangers) for being an asshole, I might agree that he got what he deserved, but he was, rather, bullied by an instrumentality of the state.
In this situation, we have a law enforcement officer, a public servant, exercising his coercive powers for personal reasons, not civilians who were exercising their own constitutionally protected rights.
If the officer really believed that it was an arrestable offense to take pictures in a public place without the subject's permission, he needs to be taken off the street until he can be properly re-trained, or trained in the first place. However, the record shows that the officer knew the unlawful photography charge was insufficient for a righteous stop. The record refers to a red light [Gee, a red light visible in a car at night? Never heard of that phenomenon before.] which the officer suspected was a laser, but when he confronted the photographer, all the officer was inquired about was the photograph.
So, why did the officer object to the photography and attempt to bully the photographer into deleting it?
I posit two possible explanations: either the officer is thin-skinned and felt afronted by the photographer, or the officer knows he treads close to, if not over, the line of legality, at least occasionally, and wants to avoid potential discipline.
An ethical, competent, and well trained law enforcement officer does not object to his official actions being recorded, because he knows that the more complete the record, the better his or her protection against charges of unethical, illegal, and/or incompetent behavior.
I will, for the sake of argument, concede that the photographer was an asshole.
The Constitution often protects assholes from the State: Freedom of press and speech, unreasonable search and seizure prohibition, ex post facto prohibition, due process protection, et cetera. How does assholery justify the arrest of the photographer (let alone an arrest in front of his family), malicious charges, the expense and inconvenience of criminal proceedings, and the ongoing burden of the criminal record of an arrest and charges?
Nope. The fellow most definitely did not get what he deserved.
And, unfortunately, most likely, neither will the officer, be it discipline or training or counselling.
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