There will be those who ask why he wouldn’t just answer the deputy’s questions politely in order to avoid the confrontation. Regarding Discarted specifically, I would say that he clearly didn’t behave as he did because just enjoys adversarial engagement with law enforcement; he was making a point. If you can get beyond your belief that he was just acting like a dick for fun, it is an important point that we should all be reminded of.

We live in a relatively free society. Our system is set up such that citizens don’t (or shouldn’t) have to fear being stopped at the whim of authorities and asked to present identification or to explain what they may be doing, where they are going, etc. There is a certain expectation of privacy in this country, and those requests from authorities violate that privacy. Of course law enforcement should investigate possible criminal activity, but they should not stop citizens without probable cause, then further detain and threaten them if they don’t like the citizen’s attitude.

On the subject of politely answering questions from law enforcement in general, it is a bad idea. As a matter of simple societal courtesy, of course one should try to be polite with whoever s/he might meet throughout the day. That courtesy extends to law enforcement. There’s no reason not to be polite. Just don’t answer any questions.

In a former life, working in criminal defense, I cannot tell you how many clients I had who thought it was alright to answer questions, because they had done nothing wrong; they had nothing to hide. They often found that statements they thought were perfectly innocent only got them deeper into trouble.

Having a pleasant, courteous attitude eases the way in most interactions, whether it is with law enforcement, the customer service rep on the phone, or the waitress in the local coffee shop. Remember the old adage: you’ll catch more flies with honey than vinegar. On the other hand, that positive attitude is not required by law, and certainly not deserving of detention or threats.

Why don’t you stand in front of a bank wearing a ski mask just for fun? Better yet, why don’t you run when the police arrive and see what happens?

Or, how about walking down the street carrying a knife dripping with fake blood?

Neither of these acts are illegal but it takes a moron to question why they would be detained by law enforcement.

I commend the deputies for doing their job!

However, while the sheriff was clearly in the wrong, I can’t be completely on Discarted’s side in this matter either, because it seems to me he went in with the intention of provoking an officer of the law. If he had given a better/less confrontational explanation as to why he was taking photos than, “Because I want to,” the sheriff likely would have been less confrontational as well. He could have made the same point without pissing off the sheriff – give him the answers he wants, then turn it around and ask the sheriff why he was being questioned, get his name and badge number, etc. – but he wanted to capture the drama on video.

Re: Cullen’s post, just saying he’s a photographer explains nothing. Anybody with a camera can make the same claim. He should have business cards and release forms on him. That would make him seem more legitimate. Of course, legally speaking he isn’t required to do any of that, but any smart photographer who isn’t looking for confrontation would take those steps. So again this comes across as being a calculated move, which I don’t like.

But while I may not entirely condone Discarted’s methods, the sheriff clearly was abusing his position of authority, not to mention ignorant of MTA rules, and he deserves some sort of punishment.

The Sheriff are bored.