Police Chief: “public voyeurism” is not a crime, addresses concern over FBI recording video

In a news conference Monday afternoon, the Pocatello Police Department said an officer seen telling a man recording video of the FBI building that he was committing “public voyeurism” misspoke, but charges against the man recording the video will stand.

“We make mistakes,” Pocatello police Chief Scott Marchand said. “We make mistakes every day. I make mistakes every day. We learn from them.”

Sean Johnson, of Chubbuck, was recording the FBI building from a public sidewalk in June when an officer arrived and approached Johnson.

“Everything alright?” the officer asked. Johnson does not acknowledge the officer until the unidentified officer tells Johnson he “got a call” that Johnson “was recording the FBI building.”
“That’s correct, I am,” Johnson can be heard saying in the video.

During the nearly six-minute video, the officer continually explained to Johnson that he was conducting a criminal investigation into Johnson’s recording. A private citizen called the police to the FBI building after seeing Johnson recording the building.

“We are going to respond,” Marchand said.

The officer who responded continually uses “public voyeurism” as grounds for his conversation with Johnson, telling him he needs permission to record a federal building and employees.

“He misspoke,” Marchand said during a news conference. “I think he was trying to say, this is why I am here.”

A three-page memo to all federal employees and law enforcement from August 2010 says otherwise. In the memo, it clearly reads “remember the public has the right to photograph the exterior of Federal Buildings from publicly accessible spaces, such as streets, sidewalks, parks or plazas.”

Marchand said that the memo will be redistributed to officers and that the experience will be used as a learning experience.

“I am having legal look at it,” Marchand said. “I’m having a lot of people looking at it.”

Hundreds of comments have flooded the police department’s Facebook page starting the night of Saturday, July 23. Following several comments regarding the video and arrest, a spokesperson said the police department’s Facebook page was taken down by an employee, but could not elaborate on why.

Marchand said the person in charge of the page was not at work and he would be looking into why it was taken down.

Johnson is charged with resisting and obstructing officers. Marchand said based on “other circumstances” at the scene, the charges will stand.

He is scheduled for a court appearance in August.