POCATELLO, Idaho (KBOI) — An Idaho man is behind bars after taking video of the FBI building in Pocatello, KIDK in Idaho Falls reports.
Twenty-seven seconds into the six-minute video, a man, only known as Sean Johnson, is approached by police outside the Pocatello FBI building. The officer says they received a call that he was recording the building and people.
"Right now I am conducting a criminal investigation," the officer is heard saying in the video that was taken in June. "We got a report that you were recording the FBI building. So I need to see your identification."
Johnson asked the officer what crime he was accused of committing.
"Public voyeurism," the officer says.
But Idaho code doesn't have a public voyeurism law. It does, however, have a video voyeurism code and much of its language is targeted at sex crimes and sexual exploitation of another person.
"Did you get their permission to record them?" the cop says.
"Do I need their permission?" Sean asked.
"Absolutely, it is called public voyeurism."
The officer continually uses the public voyeurism as grounds for his conversation with Johnson, saying he needs permission to record a federal building.
A three-page memo to all federal employees and law enforcement dated August 2010 says otherwise.
It's the result of a lawsuit brought forth from the American Civil Liberties Union. In the memo, it reads "remember the public has the right to photograph the exterior of federal buildings from public accessible spaces, such as streets, sidewalks, parks or plazas."
The memo goes on to say recording of federal buildings can not impede on law enforcement operations.
Throughout the video, officers can be heard asking Johnson for his identification. Each time he provides little information until officers finally place him under arrest.
"I gave you plenty of opportunity to provide identification," police said. "You didn't identify yourself. I'm conducting an investigation for unlawful reason of you providing identification. So tell me who you are. Sean Johnson? That's a pretty common name."
On Monday, Pocatello Police held a news conference to address the video and said the officer misspoke about the crime of public voyeurism and clarified that the suspect was arrested for resisting and obstructing officers. Pocatello PD said on Monday that the department would use this incident as an opportunity to refresh its officers on the rights citizens have in terms of recording federal buildings.
You can watch the entire news conference below:
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