Comments on: Mountain City Deputy is a Big Fat Liar

By: admin

admin — Sun, 12 Jul 2009 07:57:20 +0000

Brittany, let’s pretend for a moment this officer had never seen an iphone, which is a stretch considering that it is the most popular on the market.
Then, the problem with this theory is the officer did not say: “Hey, put down that laser!” He says “It’s illegal to take a picture of a law enforcement officer.” The conversation during the arrest indicates (1) he was fully aware the man had a camera/phone and (2) the issue between them were the photographs. Since the officer did not, at any time, mention a laser or cite the law to the photographer, I believe he was advised to add the charge later by someone who realized the “unlawful photography” charge was problematic.

I agree officers have a job to do, and normally I give them the benefit of the doubt. Not this time. This officer clearly abused his authority because he was angry or intimidated by a guy with a camera. As far as I know, that’s not in his job description.

By: Brittany Taylor

Brittany Taylor — Sun, 12 Jul 2009 06:34:28 +0000

Ok so I kind of understand the reason why you all are mad but let me just say that the police officers are trained to do their job he couldnt have possibly really known what the phone was or if it was a phone. And as far as the laser goes how do you know that the guy he arrested didnt have one. No offense IM JUST SAYING

By: Bill Benson

Bill Benson — Wed, 13 May 2009 15:35:51 +0000

Scott very sorry to hear you have had to leave Tennessee. I was wondering can you post an update or final thoughts of your ordeal on a really great site. Photography is not
a crime. They have a page up that talks about your story here.

http://carlosmiller.com/2008/08/05/deputy-threatened-to-arrest-12-year-old-daughter-with-unlawful-photography/#more-719

By: Scott from Tn unlawful photographs

Scott from Tn unlawful photographs — Wed, 18 Feb 2009 02:02:07 +0000

Thank You for your information on the color of law statue. Your a great source of information.I am Scott Conover the man who was arrested for “unlawful photography” in TN . We recently had to move due to the overwhelming harassment and intimidation from the same sheriff’s department. Email me if interested in any more correspondents. +

By: Random Rants & Phishy Philosophy » » Unlawful Photography

Random Rants & Phishy Philosophy » » Unlawful Photography — Tue, 15 Jul 2008 19:34:36 +0000

[...] and here are two local bloggers responding (very well) to the story. Here’s the story [...]

By: Photograph a cop, go to jail? Utterly stupid. « Bryan’s Basement

Photograph a cop, go to jail? Utterly stupid. « Bryan’s Basement — Mon, 14 Jul 2008 19:14:56 +0000

[...] a ridiculous assertion, as no camera or cell phone I’m aware of is equipped with a laser. It seems pretty clear that the deputy just got angry at the man and invented up a reason to drag him off to jail in front [...]

By: Deborah Metcalf

Deborah Metcalf — Sun, 13 Jul 2008 20:13:26 +0000

And here is a pamphlet from an Attorny one can print out which outlines laws about public photography:

http://www.krages.com/ThePhotographersRight.pdf

By: Deborah Metcalf

Deborah Metcalf — Sun, 13 Jul 2008 20:12:29 +0000

The deputy is also guilty of perjury because he lied on his official report about lasers, which was obviously to cover his own ass after he realized that public photography is almost always legal.

Mr. Conover needs to contact the FBI, they investigate Color of Law violations and if he files a complaint they WILL launch an investigation:

http://www.fbi.gov/hq/cid/civilrights/color.htm

The deputy not did a false arrest, but he also fabricated evidence when he claimed he saw a laser.

“False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.”

By: Deborah Metcalf

Deborah Metcalf — Sun, 13 Jul 2008 20:05:17 +0000

This is false arrest. The deputy is probably also hankering for a federal Civil Rights lawsuit, and if one comes his way I will be the first to cheer. It’s time to get these sorts of bullies who illegally intimidate innocent members of the public out of the police force, and preferable into prison where they belong.

By: demarcationville

demarcationville — Sun, 13 Jul 2008 00:21:57 +0000

Samantha, I’m surprised the photos survived the book-in and a little curious as to how far they made it through the processing before someone realized, “Oh shit, this is probably unconstitutional.” Unlawful photos of a public servant taken in a public place… that’s rich.

I hope you’ll keep us updated on the case – and let us know if we need to bring our “Free Scott” signs to Johnson County.