Man Arrested For Unlawful Photography
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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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If taking a picture on a public highway is a reasonable expectation of privacy what about the camera’s they have on all the redlights on public highways??
Some would say even tho these are used to catch people who are breaking the law they might be a invasion of privacy.
(breez1) said: “My freedom of speech is bieng violated.“
You are confusing freedom of speech with the privilege to comment.
After reading the aforementioned “Affidavit of complaint”, “Statement by Mountain City, TN patrolman Kenneth Lane” and the “Statement by Mountain City, TN patrolman officer Ben May.“; I see that the statements do not match in content or in intent. The only observation agreed upon was that Mr. Conover photographed a PUBLIC scene. There was no reasonable expectation of privacy, the officers were not embarrassed by the content of the photograph and Mr. Conover was not deriving sexual satisfaction from the photo.
If a public servant is afraid of being photographed while performing a public service which the taxpayers provide the funds for, he or she needs to explore the options of a career in which they can hide in a cubicle or a lab.
Anyone in America has the right to photograph anyone or anything, in public, as long as it does not pose a threat to others or to the safety and/or security of the United States. As long as you do not interfere with the conduct of an officer’s duties - CLICK AWAY!
Wow, it looks/sounds like a few of you are the arrested person family, friend, lawyers and maybe the accused person himself.
I’m not a lawyer or a judge or even a police officer but I can even tell there’s a lot to this story that the general public don’t know or will comprehend.
I have been pulled over by the police and I hate to admit it but I deserved the ticket I received, if I break the law by putting someone in jeopardy (which is one of the reasons why laws are made in the USA) then you pay the price for your misjudgment. If you drunk then drive and get pulled over and go to jail then whose fault is it? The police officer for doing there job… THINK NOT – you put a lot of people’s lives in jeopardy because you didn’t make a phone call for a DD.
After reading the police reports and listening to the arrested person interview, I ask myself a lot of questions about this situation. On the video/interview I can see the picture Mr. “Con-over” took of the car.
1. What is in this picture is wroth going to jail for in front of your family? Nothing that I can see, so why?
2. Why didn’t he show the picture to the police or simply email to himself or another phone then delete it? It’s a simple concept or is he that uneducated and wanted to embarrass his family?
3. Why so selfish? Why didn’t he protect his children instead of putting them in harms way. Most father protect there families not put them in a bad situation which they have control of.
4. Why get out of control? Why not go silently and prove your point later?
5. Why was there a “red light” pointing at the police officer, what was it? If it was the phone- then it’s illegal! End of story!
6. What was Mr. “Con-over” INTENT?
As for the police officer if something appeared to be a laser pointing at me, I believe it would have me concerned and shaken up a bit. Would you truly happy about this?
Mr. Radzuis,
Thank you for posting the police report and laws. Hopefully people will see that there are two sides to every story and they need to find there own truth. Hopeful they will ask themselves a lot of question before judging. I was able to do some research on this and Mr. “Con-over” before you posted the reports. I hope to be in the court room to support the local police department in this matter. Hope to see you there.
Unlawful Photography?? Humm. Where the devel did this so called police officer recieve his training? Or was he trained at all? Sounds to me like the local authorities in Johnson County better get out there check books because like it or not Mr. Connors civil liberties have been violated. What was the deputy doing that worried him so much about the photograph being taken in the first place? What was he doing on the side of the road it makes one wonder???? He might have been taking a leak or harrasing some poor unsuspecting squirrel.
Welcome to the Union of [American] Soviet Socialist Republics!
Everyone has a right to take pictures of anything or anyone that can be seen while the photographer is standing in a public area. Some areas involving national security may be exempt, but must be posted. The cop is either ignorant or on a major power trip. Either way, he abused his position and the rights of a member of the public he is sworn to protect.
Why all these Tennessee renegade cops?
First it was Cookesville police shooting the Smoak’s dog – it cost Cookesville $75,000 and terrible publicity (the shotgun-blasting cop finally sued his own department!). Have the State Police settled yet?
Now it’s Johnson County’s finest, harassing law-abiding citizens while illegal aliens who are killing Virginians on our roads are caught with hundreds of Tennessee license plates.
A little corruption down there, maybe?
You guys in Tennessee should go after some real criminals for a change. I love Nashville but I’ve stayed out of your state since the Smoak killing, because you never apologized, and my daughter has a dog. (And I have a camera).
If the deputy thought his life was in danger, why not Tase the guy? Or Shoot him? It’s just harassment, pure and simple. Fire the bad deputy and the people will cheer you, Sheriff. (and send him to grade school to learn some grammar, his complaint is a howler!)
(By the way, I volunteer—free—for local law enforcement as a translator).
Would not want a stranger taking my pic.. Those pics can be transfered for many reasons…. Think about that!!
This kind of behavior happens alot here in SW Virginia. I totally agree with the power trip thing, but they need to realize just because you have the authority to take these actions, doesn’t mean you can act like this. We still are in the USA, not Iraq or some other 3rd world country. Good luck in court Mr. Conover. We will all be on your side. The story didn’t say where you were from but if you are not from around here, sorry you had to go thru this in our area and hope things go your way.
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