Images result in charge

Images result in charge

Posted: Tuesday, October 16, 2012 4:00 pm

A Union City man was charged with unlawful photographing after a cell phone was found Monday on top of a tanning booth at a local business.
Dustin Lee Swinney, 23, of 1210 McAdoo Circle, Union City, was arrested on the charge of unlawful photographing following an alleged incident about 6 p.m. Monday at Tunnel Tanning at 120-B East Main St., according to a Union City Police Department report.
A 22-year-old Union City woman told police she was exiting the tanning machine and was dressing when she happened to look up at the top edge of a wall in her tanning room and saw what she thought was a cell phone. After she dressed, she was able to reach the item and discovered it was an iPhone. She took the phone outside to her car and called 911.
The woman told police that before an officer arrived, Swinney, described as an employee, came to her car and asked for his phone, allegedly telling her he would delete or she could delete any video that would be there. She kept the phone and he went back inside, according to the report.
Police took possession of the cell phone and asked the victim to show where she had found it.
Swinney told police he had placed the phone on the wall edge and that there may be some video, but that he did not intend to get video of anyone.
The officer reported he found on the video phone images of the victim while she was in the tanning booth, in violation of her “expectation of privacy.”
In his statement to police, Swinney claimed the phone was being used in video mode as a flashlight to remove candy and trash from the top of the wall frame. He claimed that while cleaning, it was left recording when the door opened. He said when he came back to get the phone, it was gone.
Swinney was taken to the Obion County Law Enforce-ment Complex and was set to be arraigned this afternoon.

Published in The Messenger 10.16.12

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