Self-proclaimed “First Amendment Auditor” arrested outside Arrendale State Prison

Written by L. Chase

Published November 3, 2022 @ 1:05 PM ET

Habersham County (October 17, 2022) – A popular YouTube “First Amendment auditor” identified as Marc Manchon has been arrested outside the Lee Arrendale State Prison in Alto on charges of obstructing or hindering law enforcement officers. The arrest came after Manchon was performing an audit of his first amendment right by filming on what he believes was a public sidewalk or easement outside of the prison.

A first amendment auditor is someone who is part of a social movement that usually involves peacefully filming or videoing from a public space. Often, the auditor will publish their content to a platform such as YouTube in order to raise awareness and generate revenue.

According to police reports, officers were investigating a report of a suspicious package close to the prison. While on the scene, police received another call from prison staff about a suspicious male trespassing, yelling, and acting aggressively. The suspect had been taunting and cursing at officers and raising his middle finger. Officers stated they responded to the call because the suspect was close to the suspicious package and it was believed that the two may be related.

Upon arriving, an officer approached Manchon, who was using his camera to record. Per the report, the police intended to investigate whether there was any correlation between the suspicious package and the call about the possible disorderly conduct reported by corrections officers.

Officers asked Manchon to identify himself, and he stated that he would not provide his driver’s license and he wasn’t answering any questions from officers. Officers politely asked him to verbally provide his name and date of birth instead. Manchon replied, “no,” and began retreating backward. Due to the surrounding circumstances, officers moved to detain him.

The officer attempted to grab Manchon by the left arm, and he tried to pull away. Officers wrestled Manchon to the ground and placed him under arrest.

The responding officer spoke with a correctional officer who advised that Manchon was “physically trespassing on state-owned private property”, yelling while cussing at staff and raising his middle finger towards them in an attempt to agitate and prompt a response.

In the state of Georgia, public property is defined as any property located within the state in which legal or equitable interest is held by any department, division, board, bureau, commission, or other agency of the executive branch of state government. State prisons are considered public property with restricted access.

Manchon was arrested and charged with obstruction of a law enforcement officer. The Georgia statute for an obstruction charge reads that a person is guilty of obstruction when they knowingly or willfully obstruct or hinder any law enforcement officer in the lawful discharge of his official duties.

He was transported to the Habersham County Detention Center for booking.

The Georgia Gazette conducted a phone interview with Manchon on Monday, October 31st. Manchon provided the YouTube footage of the incident and said he was wrongfully arrested. Manchon admitted to editing portions of the video to remove “dead space” when no one had engaged him. According to Manchon’s statements and the footage he provided, police never questioned him about a suspicious package.

Through additional reports, The Georgia Gazette has learned the package was possibly a failed drone drop containing contraband intended to be dropped inside the prison. Manchon claims police never asked him how he had arrived at the prison, and they never mentioned a package to him during their investigation. However, he stated that he was aware of an active investigation at the prison with a heavy police presence when he began videoing for his audit.

Manchon says that one prison employee asked the officer to have Manchon criminally trespassed, to which the officer replied, “that’s not going to work; we can’t trespass him.” Manchon told the gazette, “That right there is no probable cause to even detain me at that point.” Manchon further states, “Even if I did flick off the staff and swear at them, it doesn’t matter; I can do that. I can do that because that’s not defined as disorderly conduct unless there’s another complainant. Every time someone says F-off to a cop, are they going to be arrested for disorderly conduct? No.” Manchon then cites his interpretation of the laws regarding disorderly conduct as any action to incite violence. He does not believe his actions were any of those that would incite violence and warrant a disorderly conduct charge. Ultimately, he was only charged with obstruction.

Manchon says concerning the situation, “If they can’t take the heat, then I don’t know what the hell they’re doing in the kitchen.”

After reviewing the video footage provided by Manchon, there is a discrepancy between the footage and the officer’s report. Three people who witnessed the incident wrote sworn statements about Manchon’s actions and gave them to the police for the case file. The video does not show some of these actions mentioned in witness statements.

Two days after Manchon’s failed audit, Georgia Guardian, another audit activist, travelled to Lee Arrendale State Prison to perform their own audit. They peacefully moved about the prison grounds from a public area while videoing without any issues. Local law enforcement was called, but since they were cordial, they were allowed to complete their audit without arrest.

At this time, Manchon stated that he has spoken to a lawyer regarding this incident but has not hired one to purse this case. This is an ongoing case and an update will be provided once more information becomes available.

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

On the 17th day of October, 2022 Sgt DANIEL SEELEY was at Mt Zion Connector and Mt Zion Road in reference to a suspicious package that was located in close proximity to the Lee Arrendale State Prison. While on scene dispatch advised that they received a call from Lee Arrendale State Prison in reference to a suspicious male.

Dispatch advised that the male was yelling and cussing at Correction Staff, Trespassing, and being aggressive. Dispatch advised that the male was white wearing a white shirt, blue jeans, ball cap, and wearing a backpack. SEELEY responded to the call due to it being so close to the suspicious package, the male having a backpack on, and due to the male’s aggressive behavior.

Upon arrival SEELEY made contact with the male who was using a camera to record. The male was standing on the sidewalk in front of the prison. SEELEY attempted to speak with the male to determine whether he was in any way involved with the suspicious package and to investigate the possible disorderly conduct reported by prison officials.

SEELEY asked the male if he had been cussing at Correction Officers and he advised that he doesn’t answer questions. SEELEY asked the male to provide identification due to the disorderly conduct complaint from the prison and the suspicious package incident. The male stated that he was not going to provide information.

SEELEY asked the male to provide his name and date of birth and he advised that he wasn’t providing that information while backing up. SEELEY asked the male for a second time to provide his name and date of birth. The male stated “No” again while walking backwards.

SEELEY grabbed the male by the left arm and he attempted to pull away. SEELEY escorted the male to the ground placing him in handcuffs checking for proper fit and double locked. The male was searched incident to arrest. The backpack contained no items. SEELEY spoke with [WITNESS #1] who advised that the male was physically trespassing on state owned private property, yelling while cussing at staff, and was raising his middle finger towards staff in an attempt to agitate and prompt a response.

SEELEY gave [WITNESS #1] witness statements to be obtained later. SEELEY placed the male in the rear seat of his patrol car where he was placed in a seatbelt. SEELEY transported the male to the Habersham County Sheriff Office where he was turned over to Detention Staff for Obstruction of Officer. SEELEY went back and obtained witness statements from [WITNESS #1], [WITNESS #2], and [WITNESS #3].

[END OF NARRATIVE]