There has been another case of Pocatello police violating the first amendment rights of a local man by the name of Sean Johnson.
The officer received a report of this man who was recording the FBI building in public, and decided to investigate a fake crime.
The police officer arrives, and tells the man multiple times that he was investigating him in regards to a crime of “Public voyeurism”, the police officer confirmed this more than once when the Mr. Johnson was being questioned, and after the police officer was asked “what crime are you investigating”, each time the officer said “public voyeurism” for filming in public.
Mr. Johnson is heard on the video giving the officer his first and last name, however that was not good enough for the officer. However it should be known that the supreme court has already ruled on this issue, and precedence has been set that an officer can not ask for identification if the citizen is not being suspected of a crime. Clearly he was not engaged in voyeurism, and the police officer did not articulate any real crimes or real investigations. So despite that Mr. Johnson did give him his name, he was clearly not required to.
Pocatello Police investigate a fake crime, and make a false arrest over photography
This is the youtube channel of the man who’s rights were violated; 66rabidmonkey
Good after noon,
I am filing a complaint about misconduct with Pocatello PD concerning an incident recently with Sean Johnson who was legally filming in Pocatello on public property, and was illegally detained by an officer of your department at which time the officer made up a false charge of “voyeurism”.
You officers either need better legal training, or else they need training on how not to bully citizens.
I called Chief Marchand and left him this voicemail, which I have uploaded to YouTube.
It is advisable for the Pocatello PD, to spend a part of your huge budge on training, before citizens band together to file a class action lawsuit against you PD for bullying citizens and/or gross incompetence. There are a variety of constitutional rights that i often see Pocatello violating on a regular basis. However it makes me cringe to think that tax paying citizens in Pocatello would have to pay the penalties for the PDs incompetence and gross disregard of the law. It would be much better for everyone of Pocatello City Corp would properly invest in valuable legal training for police officers on a regular basis.
Katherine Macfarlane, a professor of law at the University of Idaho, said she doesn’t see Johnson’s actions fitting the charge.
“When you resist, delay or obstruct you have to do it willfully and being difficult is not enough,” she said.
She also said he did not break any laws when recording the FBI building.
“He absolutely has the right so long, as he is on public property himself, to film a federal building. There was a lawsuit settled in 2010 brought by the ACLU’s New York chapter against the Department of Homeland Security establishing very clearly that federal buildings can be filmed,” she said.
I followed up with KPVI news after they had reached out to me, and after they ran their report on this issue, I left them this message;
More reports on this; Pocatello Channel 7 KTBV on the FBI Filming incident
Pocatello Police Chief Scott Marchand gave a press release on this, where he admits several time that there is no such crime as “public voyeurism”
However the Chief could not articulate a crime that was actually being investigated, that gave premise for the police officer to demand ID.
Another video given by Sean Johnson to update people on this issue.
This is from the IDCOURTS.US website for pubic records, and this is Sean Johnson’s crime