Pocatello Police Chief: Officer misspoke in video, charges will not be dropped
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POCATELLO — Pocatello Police Chief Scott Marchand held a news conference Monday regarding a man who was arrested while filming an FBI facility.
The man uploaded a YouTube video a week after the incident on June 20. The video shows a verbal exchange between a Pocatello police officer and footage of the exterior of the FBI building on Police Road and Yellowstone Ave.
The nearly six minute video shows the officer questioning the man until the situation between them escalates and leads to an arrest.
The man identified in the video is named Sean Johnson. Court records show Johnson was arrested for misdemeanor resisting or obstructing on June 12, the date authorities say the footage was shot.
During the Monday news conference, Marchand repeated several times that the department was called for complaints about suspicious activity near the FBI building.
“Our officers owe it to the community to check on these situations,” Marchand said. “This includes investigating activity that is reported by citizens as suspicious to ascertain whether the behavior or activity is truly suspicious or not.”
The officer originally told the man he was being arrested for public voyeurism. Marchand said the officer misspoke and that the individual was arrested for resisting and obstructing officers.
Marchand said after reviewing the police report and video, the Pocatello city attorneys will not drop charges against the individual in the video.
Marchand said officers have been trained on photography in public but will “refreshing” themselves on the issue from the U.S. Department of Homeland Security policy that outlines the rights of citizens to photograph the exterior of a federally owned building.
HERE IS MARCHAND’S ENTIRE STATEMENT:
Over the last several days, the City of Pocatello has been inundated with people from around the nation voicing their displeasure about a video showing a subject filming the Federal Bureau of Investigation facility and his arrest.
The subject was not charged with “public voyeurism” or any other crime in regards to filming of the facility. The officer made an error in saying “public voyeurism” and as such, no charges along those lines have been filed against the individual. However, the individual has been charged with “resisting and obstructing officers” under Idaho Code 18-705. After reviewing the police report as well as the video, the City of Pocatello Legal Department will be pursuing “resisting and obstructing officers” charges against the individual in the video.
While officers have been trained on photography in public, we will all be taking the opportunity to refresh ourselves on the issue. All officers will receive a copy of an information bulletin from the US Department of Homeland Security that outlines the rights of citizens “to photograph the exterior of federally owned and leased facilities.”
Officers have a duty to protect the citizens of the community they serve. This includes investigating activity that is reported by citizens as suspicious to ascertain whether the behavior or activity is truly suspicious or not. We will continue to diligently investigate these circumstances and reports from residents.