IDAHO FALLS, Idaho — A 33-year-old local man faces up to five years in state prison after a jury found him guilty of striking a police officer during a confrontation last summer.
On Tuesday, January 27, Christian James Markmiller was convicted of felony battery on a peace officer and misdemeanor resisting or obstructing, according to Bonneville County Prosecuting Attorney Randy Neal.
The charges stem from an incident on June 13, 2025, where Markmiller was allegedly attempting to film officers from the Idaho Falls Police Department as they investigated a report of an impaired driver. Idaho Falls Police Department (IFPD) officers were investigating a report of an impaired driver when Markmiller approached the scene. Though not involved with the driver in the initial investigation, Markmiller began filming the officers with his cellphone while shouting at them.
According to court documents, the officers told Markmiller he could video the traffic stop from a safe distance, but the 33-year-old continued to approach, circling the officers. In their testimony, one of the officers stated they ordered Markmiller to "step no closer," but instead, he continued to approach.
The officer then told Marmiller he was interfering with the traffic stop and was under arrest. At this point, the officer took hold of him, and Markmiller struck the officer in the head. Court documents detail how Markmiller continued to resist the officers as they took him to the ground and handcuffed him.
During the trial, Markmiller argued that his actions were protected under the First Amendment, claiming he had a "duty" to disobey what he perceived as an unlawful order.
Prosecuting Attorney Neal categorized the incident as a "First Amendment audit," pointing to several YouTube contributors who make a living by videoing police activity and sometimes antagonize and try to provoke the police.
He noted that while citizens have the right to record police, that right does not grant immunity for physical interference or violence.
“The courts have consistently held that while the First Amendment recognizes several rights, these are not absolute,” explained Neal. “Many of these professional ‘auditors’ actually employ lawyers who advise them on the limits of the law,” Neal said.
“The First Amendment does not excuse someone who interferes with a lawful investigation, commits violence against police officers, or resists a lawful arrest,” Neal added.
Markmiller remains in custody pending his sentencing, which is scheduled for March 25, 2026.
Local News 8 Report by Seth Ratliff
