Recording of Kootenai County sheriff goes viral

COEUR d’ALENE — A video in which Kootenai County Sheriff Bob Norris appeared to pull out pepper spray while talking to a man who was recording a traffic stop has gone viral.

The video was recorded Monday by an anonymous Kootenai County resident and published Feb. 2 on the North Idaho Exposed YouTube channel, which is operated by Casey Whalen.

As of press time Wednesday, the video had been viewed more than 22,000 times.

KCSO Lt. Ryan Higgins said the incident was a traffic stop to which Norris responded as a backup officer.

Footage showed an officer speaking with a person in a white vehicle outside the Broken Egg Cafe in Coeur d’Alene.

As the man recording the video walked closer to the scene, Norris approached him and told him to step back.

The man told Norris, “Shut the f— up and get back to work.”

In the video, the man can be heard asking why the white vehicle had been pulled over while Norris repeatedly directed him to move back.

After Norris pulled an object from his belt that North Idaho Exposed described as mace, the man moved back from the scene and continued recording from a distance.

When in public spaces where they are lawfully present, people have the right to photograph anything that is in plain view, according to the American Civil Liberties Union of Idaho. That includes pictures of federal buildings, transportation facilities and police.

Taking photos or video does not constitute reasonable suspicion of criminal activity in itself, according to the ACLU.

However, police officers may order individuals to cease activities that interfere with legitimate law enforcement operation.

“You’ve got to allow us to do our job, whether you agree with it or not,” Higgins said.

Courts have held that police have discretion to take reasonable steps to protect the public and their own safety, according to First Amendment Watch, a project of the Arthur L. Carter Journalism Institute at New York University.

What a court finds reasonable depends on the situation. It might include keeping people at a distance from an incident, for example, or limiting traffic in the area.

The right to record is tempered by the responsibility not to disrupt or impede legitimate law enforcement operations, Higgins said.

There’s no hard and fast rule for how close is too close, he said. Each situation is different.

“We’re not going to stop you from recording unless it’s detrimental to an investigation,” he said. “If you’re asked to step back, step back.”

Citizens recording interactions with law enforcement are becoming more common, Higgins said. Traffic stops are the most frequently recorded interaction.

“Nine times out of 10, it’s no big deal,” he said.

Higgins said a person who doesn’t comply with orders to step back from a scene could be charged with obstructing.

In Idaho, resisting or obstructing a police officer is a misdemeanor punishable by up to a year in jail and up to a $1,000 fine.

“We would try to de-escalate the situation before it gets to that point,” Higgins said.

Higgins reiterated that individuals have the right to record or document law enforcement interactions, whether their own or someone else’s, so long as they maintain a safe distance.

“Record all you want,” he said. “We’re trying to enforce laws and make it safe for everybody.”