Page 1 of 2 1 2 LastLast
Results 1 to 10 of 19
  1. #1

    Default Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    My question involves civil rights in the State of: TN

    After deputies resolved that the citizen could record the meeting, the county official took possession of the camera against the wishes of the citizen.

    Were any crimes committed?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    That will depend on the full facts.

  3. #3

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    There are no facts or laws that allow any tennessee official to forbid recording of public meetings or that excuses them from committing criminal conversion by dispossessing a citizen of their property.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,873

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    You seem to have answered your own question then. The person whose camera was taken is free to report it to the police. Was the camera ultimately returned to the owner?

  5. #5

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    Only after the county official was subjected to physical battery.

    I don't believe I've fully answered my own question as one, if not two felony crimes seem very likely under the scenario unrelated to theft actions.

  6. #6
    Join Date
    Jul 2010
    Posts
    7,873

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    So the owner physically attacked the official? Something to consider when thinking about pressing charges.

  7. #7

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    The owner went for his property and when the official refused to let go, blows ensued.

    TN is a stand your ground state and has defense of person and property codes.

    Back to the act of forbidding a citizen from recording a public meeting.

    Would that not be Official Misconduct, and depending on why, Official Oppression?

  8. #8
    Join Date
    Oct 2016
    Posts
    3,979

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    I doubt very seriously that there is a law called "Official Misconduct" and I'm virtually certain there isn't one called "Official Oppression" on the books in TN.

    The all the government officials involved may well have violated a right protected under TN law or constitution. They may well be guilty of theft of property.

    But if you think that TN's stand your ground law would be in effect in this case you are wrong.

  9. #9

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    You would be wrong on both of the Official Misconduct and Official Oppression charges.

    Both charges exist and are indictable and causes for Ousting.



    Title 39-2-102

    Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:
    (1) Offense against the party's person; or
    (2) Illegal attempt by force to take or injure property in the party's lawful possession.

    stems from the True Man Doctrine so I may disagree with you on the SYG assertion although not the theft other than it would have been criminal conversion.

  10. #10
    Join Date
    Jul 2010
    Posts
    7,873

    Default Re: Can a Government Official Take a Video Camera From a Citizen at a Public Meeting

    Then report it to the police. Again, you seem to be answering your own questions. Report it and see what happens.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Defamation: Defamation Unrelated to a Public Official's Job, and the Burden of Proof
    By orangeSoda in forum Defamation, Slander And Libel
    Replies: 12
    Last Post: 09-09-2013, 09:02 PM
  2. Obstruction of Justice: Interfering With Official Acts and Public Intoxication
    By newcastlegrl in forum Criminal Charges
    Replies: 1
    Last Post: 01-26-2011, 12:20 PM
  3. Deprivation of Civil Rights: Malpractice by a Government Official
    By brandybrown in forum Civil Rights
    Replies: 2
    Last Post: 03-01-2009, 05:33 AM
  4. Deprivation of Civil Rights: Sexual Assault By a Government Official
    By msjones31 in forum Civil Rights
    Replies: 12
    Last Post: 12-05-2008, 09:27 PM
  5. Other Offenses: Criminal Malfeasance by a Public Official
    By lmr3846 in forum Criminal Charges
    Replies: 1
    Last Post: 03-12-2008, 05:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources