Forums > General Industry > Illegal to photograph police officer in TN?

Retoucher

Kevin_Connery

Posts: 3307

Fullerton, California, US

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.

See the full TriCities.com article here.

The charge:

John Scott Conover, 70120/ Disorderly Conduct/ Dep McCloud, 70121/ Pointing a Laser @ an Officer, 70122/ Unlawful Photography

From TheTomahawk.com Court Report page.

The complaint apparently read

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,

From NYCPhotoRights blog.

Jul 15 08 09:13 pm Link

Photographer

KGToops Photography

Posts: 2439

Treasure Island, Florida, US

just read this, he was using his camera phone,

This was during a traffic stop in with the subject was stopped and decided to get out of his car and take a photo of the officer

i would have arrested him too

Jul 15 08 09:16 pm Link

Photographer

CGI Images

Posts: 4989

Wichita, Kansas, US

Thats the point I was trying to make in a thread the other day, there are enough "vague" laws on the books, they can fit you into them one way or another if they want to nail you.   Be it "disorderly conduct", disturbing the peace, breach of peace, hindering an investigation etc, etc, etc.

Jul 15 08 09:18 pm Link

Photographer

Patrick Walberg

Posts: 45198

San Juan Bautista, California, US

What's this World coming to?????

Jul 15 08 09:19 pm Link

Photographer

RGK Photography

Posts: 4695

Wilton, Connecticut, US

Kevin_Connery wrote:

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.

See the full TriCities.com article here.

The charge:

John Scott Conover, 70120/ Disorderly Conduct/ Dep McCloud, 70121/ Pointing a Laser @ an Officer, 70122/ Unlawful Photography

From TheTomahawk.com Court Report page.

The complaint apparently read

From NYCPhotoRights blog.

Do you need anymore proof that cops are jackasses.

Jul 15 08 09:21 pm Link

Photographer

PDF IMAGES PHOTOGRAPHY

Posts: 4606

Jacksonville, Florida, US

zoom lens from distance............I was told I couldn't shoot a set of flags while I was on property, so I went to the street (public road) and shot them, freedom baby, a key note, it's an American flag i was shooting !!!!

Jul 15 08 09:23 pm Link

Photographer

EL Perdido

Posts: 9401

TERLINGUA, Texas, US

There is only one direction this thread will go. Please share all your cops shit on me stories with everyone.

Jul 15 08 09:24 pm Link

Photographer

glamrockin

Posts: 44

Richland, Washington, US

I looked this up after being followed by the local police for no reason.

http://www.foxnews.com/story/0,2933,284075,00.html

Jul 15 08 09:25 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

I'm not surprised.  As more & more police misconduct has come to light, they've become paranoid about public scrutiny of their work.
While the VAST majority of cops are decent, there're plenty of bad apples who'll engage in conduct like this to cover up their wrongdoings.

Jul 15 08 09:32 pm Link

Photographer

CGI Images

Posts: 4989

Wichita, Kansas, US

Zopilote wrote:
There is only one direction this thread will go. Please share all your cops shit on me stories with everyone.

I think everyone understands the "cops shitting on me" stories are the minority of situations, I personally feel like discussing it brings about awareness of a problem that in my oppinion is growing with every passing day, not declining.

It used to be the assumption that a photographer was a terrorist, a pervert or just a weirdo was the 1 in a million crazy person assumption, however in the last 10yrs and more specifically the last 3 or 5yrs its grown exponetially.

Really, what percentage of working or serious amatuer photographers are active members of MM? 1%, 2% at most? And how many of us have had thise bad run-ins with officials over our hobby or craft? 50%, 60%?  Thats a large % of a very small percentage, and if you run out the logically statistics that adds up to more than just the rare anomoly.

So acting like everyone is just cop bashing, and blowing things out of proprotion to me minimilizes something that although might not be an every day occurance, or the norm, is a growing problem that we all someday may have to deal with.

Jul 15 08 09:34 pm Link

Photographer

BlackWatch

Posts: 3825

Cleveland, Ohio, US

KGToops Photography wrote:
just read this, he was using his camera phone,

This was during a traffic stop in with the subject was stopped and decided to get out of his car and take a photo of the officer

i would have arrested him too

The subject of the stop didn't get out of his car and take the picture...the guy taking the picture was driving by the traffic stop...

Jul 15 08 09:41 pm Link

Photographer

Chris Addams

Posts: 1242

Pittsfield, Massachusetts, US

Zopilote wrote:
There is only one direction this thread will go. Please share all your cops shit on me stories with everyone.

One time, a cop stopped me in a park late at night while I was taking pictures. He asked me what I was doing. I told him I was taking pictures. He liked them. I walked home when I was done.

Oh wait...uh...I forgot to make this interesting. Um...yeah, so he grabbed my camera, uh, smashed it over a puppy's head, shot the puppy, put my prints on his gun and uh...arrested me for taking pictures of a leaf in someone's yard. Yup...totally true...

Jul 15 08 11:56 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

The reporter uncovered and duly reported probably the most telling of statements:

"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."

The "us" being WJHL news.

Didn't want to incriminate himself? You mean like for false arrest; or maybe making a false statement in his recording of the arrest? It boggles the f**king mind what he thought he was up to.

Studio36

Jul 16 08 12:10 am Link

Photographer

CGI Images

Posts: 4989

Wichita, Kansas, US

studio36uk wrote:
The reporter uncovered and duly reported probably the most telling of statements:

"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."

The "us" being WJHL news.

Didn't want to incriminate himself? You mean like for false arrest; or maybe making a false statement in his recording of the arrest? It boggles the f**king mind what he thought he was up to.

Studio36

The problem is, and why I think its an increasing problem is because more and more people back down, more and more vague laws are passed they can use as a weapon against practically anyone, and more and more people do NOT understand their rights and what is actually legal or illegal.

Jul 16 08 12:18 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

CGI Images wrote:
The problem is, and why I think its an increasing problem is because more and more people back down, more and more vague laws are passed they can use as a weapon against practically anyone, and more and more people do NOT understand their rights and what is actually legal or illegal.

The actual complaint is here but helpfully the 3 TN laws involved are cited in full after the first page:

http://static.mgnetwork.com/tri/media_p … idavit.pdf

I can just feel the civil suit against the Sheriff's Department coming on... I feel it in my bones.

Studio36

Jul 16 08 12:23 am Link

Photographer

sometimes I'MM kinky

Posts: 251

New York, New York, US

CGI Images wrote:
if you run out the logically statistics that adds up to more than just the rare anomoly

Que?

Jul 16 08 12:30 am Link

Photographer

CGI Images

Posts: 4989

Wichita, Kansas, US

studio36uk wrote:

The actual complaint is here but helpfully the 3 TN laws involved are cited in full after the first page:

http://static.mgnetwork.com/tri/media_p … idavit.pdf

I can just feel the civil suit against the Sheriff's Department coming on... I feel it in my bones.

Studio36

Thats handy info, the part they use and gets me is the "act that serves no legitimate purpose" how much more subject to opinion can you get.?

Jul 16 08 12:30 am Link

Photographer

CGI Images

Posts: 4989

Wichita, Kansas, US

sometimes I'MM kinky wrote:

Que?

I was saying if you take all of the accounts of photographers here on mm that have had bad experiences of some level with law enforcement.  And then think about what a very small percentage of photographers we are, that makes the percentage of photographers in general that have had run-ins pretty high.

Jul 16 08 12:34 am Link

Photographer

sometimes I'MM kinky

Posts: 251

New York, New York, US

CGI Images wrote:

I was saying if you take all of the accounts of photographers here on mm that have had bad experiences of some level with law enforcement.  And then think about what a very small percentage of photographers we are, that makes the percentage of photographers in general that have had run-ins pretty high.

OIC

Jul 16 08 12:35 am Link

Photographer

Tammy Cravit

Posts: 74

Lompoc, California, US

I read the affidavit posted earlier in the thread, and my (admittedly non-lawyer, but relatively informed layperson's) opinion is that the officer is going to have a hard time defending this one in court. The unlawful photography charge is actually "Unlawful photography in violation of privacy", and only applies to pictures taken "when the individual is in a place where there is a reasonable expectation of privacy" AND when "the photograph would offend or embarrass an ordinary person if such person appeared in the photograph; and [the photograph] was taken for the purpose of sexual gratification or arousal of the defendant".

In other words, the unlawful photography statute is designed to prevent people from snapping peep-shots in locker rooms, bathrooms, through people's bedroom windows, etc.

Based on that, once the unlawful photography charge disappears, I think the disorderly conduct charge would likely go with it. That leaves only the "pointing a laser at a law enforcement officer" charge, and the requirements for proving that charge (on page 3 of the affidavit) would be tough to prove, I think, especially given that the iPhone doesn't use a laser beam and the statute says specifically "laser beam" and not "bright red light".

I fully expect that, when this affidavit hits the district attorney's office, it will be dismissed in the hope that such dismissal prevents a lawsuit against the county, the police department, and the officer.

Jul 16 08 04:19 pm Link

Photographer

Andrew Thomas Evans

Posts: 24079

Minneapolis, Minnesota, US

CGI Images wrote:
So acting like everyone is just cop bashing, and blowing things out of proprotion to me minimilizes something that although might not be an every day occurance, or the norm, is a growing problem that we all someday may have to deal with.

Yes but then you have to consider how many on mm, depreview, and flickr are just bumbling idiots with cameras who are looking for a fight and are outspoken when they find one - and those stats you posted come back down into normal ranges.

Jul 16 08 04:22 pm Link

Photographer

4C 41 42

Posts: 11093

Nashville, Tennessee, US

Kevin_Connery wrote:
Illegal to photograph police officer in TN?

You can make a pretty good living representing people on BS charges like this.

Jul 16 08 04:25 pm Link

Photographer

Andrew Thomas Evans

Posts: 24079

Minneapolis, Minnesota, US

Chris Addams wrote:
One time, a cop stopped me in a park late at night while I was taking pictures. He asked me what I was doing. I told him I was taking pictures. He liked them. I walked home when I was done.

Oh wait...uh...I forgot to make this interesting. Um...yeah, so he grabbed my camera, uh, smashed it over a puppy's head, shot the puppy, put my prints on his gun and uh...arrested me for taking pictures of a leaf in someone's yard. Yup...totally true...

One time I was here downtown in a huge parking lot at night taking pictures with a pinupish model infront of the skyline. Cops were going by all the time and no one stopped us in the 30 min we were there to see what we were up to.

Another time I was doing a topless bikini shoot in the fall, with a scarf covering up the model, and doing it pretty much right infront of a ranger person. It was cold out, they stayed in their car, and we did the shoot.

Still another time I was doing a shoot out there with a guy model, this was a month ago or so, park ranger drove right past us and wasn't a big deal.

Last summer I called the city info line asking what would happen if I go to a park after dark to take pictures. He said "not a big deal, just be polite if you get caught and I doubt you will get a ticket." I think  both the model and I ended up skinnydipping that night - no one was ever out there.

Once I was stopped while taking pictures on a park trail (there was a crew of us) and we were asked very nicely to leave. Not a big deal and we started to pack up. My friend decided to act like mr big shot and started to question the ranger - thank god I stopped him since being a dick to a cop/ranger is going to only cause more problems.

So yeah, I think most of the "cop problems" are from idiot photographers trying to be asses and push buttons.

Jul 16 08 04:28 pm Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Jul 16 08 04:28 pm Link

Photographer

Kronos Photography

Posts: 121

Charlotte, North Carolina, US

9/11 has made a lot of changes in the USA. Photographers have had their rights taken away from them. Just look at the news. I've had a few cases of being asked to delete photos shot in public places recently also.

Jul 16 08 04:30 pm Link

Photographer

Chris Macan

Posts: 12976

HAVERTOWN, Pennsylvania, US

If you read the statutes attached to the citations.....
There is little doubt that these charges will be tossed out.
But not until the state and the citizen waste plenty of cash.

Jul 16 08 04:49 pm Link

Photographer

Stephen Fletcher

Posts: 7501

Norman, Oklahoma, US

Chris Macan wrote:
If you read the statutes attached to the citations.....
There is little doubt that these charges will be tossed out.
But not until the state and the citizen waste plenty of cash.

As long as they are paying their lawyers.......it ain't wasted!

Jul 16 08 04:54 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Brooklyn Bridge Images wrote:
UK police harrasment
http://www.youtube.com/watch?v=RKl2sEN4yNM

Those two are not even "real" police.

Studio36

Jul 16 08 05:03 pm Link

Photographer

CGI Images

Posts: 4989

Wichita, Kansas, US

studio36uk wrote:

Those two are not even "real" police.

Studio36

Do they have arrest powers?

Jul 16 08 05:07 pm Link

Photographer

muddywaters photography

Posts: 210

Murfreesboro, Tennessee, US

I'm a cop in TN, and have been photographed (and filmed) at more crime scenes than I care to think about. I could care less. From the statements in the article, I think the county administrators already know this one is going to be a lawsuit.

Jul 16 08 05:09 pm Link

Model

Angela G

Posts: 376

Los Angeles, California, US

Minneapolis Fashion  wrote:
. . . So yeah, I think most of the "cop problems" are from idiot photographers trying to be asses and push buttons.

The real idiots are the one's who miss the point of this thread.

Jul 16 08 05:10 pm Link

Photographer

El Mercurio

Posts: 1784

Houston, Texas, US

KGToops Photography wrote:
just read this, he was using his camera phone,

This was during a traffic stop in with the subject was stopped and decided to get out of his car and take a photo of the officer

i would have arrested him too

Why would you have arrested him? Just for having the audacity to take a picture?

Jul 16 08 05:10 pm Link

Photographer

Kings Media Photos

Posts: 1939

Victorville, California, US

How funny, here in CA the local "MAN" was raiding a house next to mine. I took out my video camera and started recording, as they were leaving one of the patrol cars stops right in front of me and shines his bright ass spot light(it was about 11pm) in my camera and asks if i am making a documentary, i simply replied, no, but someone has to keep an eye on the cops too. He said thats cool, and drove away. He shined the light in my camera so i wouldnt get his face on cam.

side note..I am going to the academy next month or so! smile cant wait

Jul 16 08 05:11 pm Link

Photographer

Kings Media Photos

Posts: 1939

Victorville, California, US

Jul 16 08 05:12 pm Link

Photographer

Fotosbymike

Posts: 797

Sarasota, Florida, US

Minneapolis Fashion says...

"So yeah, I think most of the "cop problems" are from idiot photographers trying to be asses and push buttons."

Obviously you have just the right color skin. As a Puerto Rican man in a predominantly white area, I was constantly harrassed by the Good Ol' Boys of the Bradenton police department here in Florida. The more polite I was, they simply took it as a sign of weakness and would harrass me to the point of embarrasssment. (On my knees with my hands on my head on the side of the road, hands on the car, etc.) After moving to the next town of Sarasota, it hit the news that the entire Bradenton DEA department was under indictment for pullng over and ROBBING Mexicans!! As well as planting evidence and participating in drug sales.

Twenty years later, I can say I haven't had a problem lately but the assumption that any harrassment by police officers is brought upon by the individual is not only wrong but extremely ignorant.

Jul 16 08 05:14 pm Link

Photographer

muddywaters photography

Posts: 210

Murfreesboro, Tennessee, US

HHHMMM, obstructing a roadway would be a more appropriate charge. But I would be concerned in todays environment as well if a vehicle stopped, pointed an object, then went past, turned, and came back by. I've had someone try to kill me, and it makes you cautious.

Jul 16 08 05:14 pm Link

Photographer

Kings Media Photos

Posts: 1939

Victorville, California, US

Minneapolis Fashion  wrote:
I think  both the model and I ended up skinnydipping that night - no one was ever out there.

lmao....

Jul 16 08 05:15 pm Link

Photographer

Paul Bryson Photography

Posts: 48041

Hollywood, Florida, US

CGI Images wrote:

I think everyone understands the "cops shitting on me" stories are the minority of situations, I personally feel like discussing it brings about awareness of a problem that in my oppinion is growing with every passing day, not declining.

It used to be the assumption that a photographer was a terrorist, a pervert or just a weirdo was the 1 in a million crazy person assumption, however in the last 10yrs and more specifically the last 3 or 5yrs its grown exponetially.

Really, what percentage of working or serious amatuer photographers are active members of MM? 1%, 2% at most? And how many of us have had thise bad run-ins with officials over our hobby or craft? 50%, 60%?  Thats a large % of a very small percentage, and if you run out the logically statistics that adds up to more than just the rare anomoly.

So acting like everyone is just cop bashing, and blowing things out of proprotion to me minimilizes something that although might not be an every day occurance, or the norm, is a growing problem that we all someday may have to deal with.

QFT

Jul 16 08 05:21 pm Link

Photographer

Madcrow Photographics

Posts: 7805

Boston, Massachusetts, US

I suspect that the man WANTED to get stopped like this and then file a lawsuit. While I feel that the guy didn't violate any law (and that by demanding the man delete the pictures, I do feel that the the police officer did), I also feel that any lawsuit that gets filed should be thrown out, as it seems pretty clear that the man was fishing for a lawsuit.

Jul 16 08 05:24 pm Link

Photographer

Free at last

Posts: 1472

Fresno, California, US

studio36uk wrote:

The actual complaint is here but helpfully the 3 TN laws involved are cited in full after the first page:

http://static.mgnetwork.com/tri/media_p … idavit.pdf

I can just feel the civil suit against the Sheriff's Department coming on... I feel it in my bones.

Studio36

Step 1: File suit.
Step 2: Wait for **BIG** settlement offer - this will never make it to trial.
Step 3: Find another cop to shoot and then repeats steps 1 & 2.

Who said photography isn't profitable?

Jul 16 08 08:21 pm Link