COEUR d'ALENE - Kerill Hutchings knew this wasn't going to be a routine traffic stop.

Being pulled over with a broken taillight on Oct. 22 was one thing. But when Hutchings saw a second Coeur d'Alene Police Department cruiser pull into the parking lot, it became something else.

Officers Tyler Haug and Spencer Mortensen began questioning Hutchings, 24, and his friend about marijuana. They called for a handler to bring the department's drug K9, Maxx, to the traffic stop at Fourth Street and Harrison Avenue. Maxx alerted to the odor of narcotics, which gave the officers probable cause to search Hutchings' vehicle.

Hutchings, of Coeur d'Alene, began filming the encounter on his cell phone as soon as he was pulled over. His recording shows what occurred during the stop - up until the point when the officers began searching the vehicle for drugs. That's when Mortensen stopped the video.

Hutchings said he once had an unpleasant experience with police officers in Oregon while on a road trip.

He said he felt he couldn't say anything to defuse the situation and it left him feeling "helpless." After that, he began filming every encounter he has with law enforcement, which he said has happened three other times since moving to Coeur d'Alene in 2009.

A search of Hutchings on the Idaho Supreme Court Repository does not yield any criminal history or traffic citations.

"Because of how much power they have, you should always be nice," Hutchings told The Press. "If they don't follow the books, you can record it and hopefully get them later with that since there's really nothing you can do when a cop is in your face."

The First Amendment gives citizens the right to take photographs and film in public places. Those rights extend to recording footage of police officers as long as the filming doesn't interfere with whatever law enforcement action is underway.

With technological advances making video capturing available on most cell phones, Kootenai County law enforcement officials told The Press they have seen an increase in residents filming their officers and deputies.

"It has not really been a problem for our department," Post Falls Police Chief Scot Haug said. "I think the key to that is making sure that officers are trained and have the latest information in regard to the ability for citizens to record police officers. Because without that training, you can go on YouTube and see video after video of officers trying to push the issue and come to find out that they're not correct."

Camera-ready

Before his future deputies even begin their law enforcement training, Kootenai County Sheriff Ben Wolfinger said he tells them that if they are always professional, they have nothing to fear when it comes to being recorded by residents.

Chief Haug echoed Wolfinger and said he tells his officers that citizens have the right to record them. The chief said he also stresses that officers shouldn't allow the fact that they're being recorded to distract them from their calls for service. Haug said that highlights one of the reasons his department uses body cameras: They offer an accurate view of what occurred during a call.

Some Post Falls officers had concerns, Haug said, when citizens began filming police encounters more frequently. However once they were educated on citizens' rights to film, and trained on how to approach these situations, the issues and concerns vanished.

"The whole thing comes down to remembering that no matter what you do, you shouldn't be worried about being recorded and that's what I tell police officers all the time," Chief Haug said. "It's sort of like what our mothers told us growing up: 'You shouldn't be doing anything that you wouldn't want somebody to see.' That's the way I always do business personally and that's what I try to pass on to our staff."

Coeur d'Alene Police Sgt. Christie Wood told The Press that her department also trains its officers on citizens' rights to record. Officers are told to always operate under the assumption that they are being filmed, she said.

However, there is a line, according to police officials, where recording law enforcement officers on the job can cross into the realm of obstruction.

"Of course if someone is filming, like a passenger in a car or something like that, and they are interfering with the enforcement action, that becomes a problem," said Teresa Baker, Idaho State Police spokeswoman.

Interference

Wolfinger said he knows firsthand how filming can interfere with police work. During a routine traffic stop, he began giving his "typical spiel" - asking for a driver's license, registration and proof of insurance - to a motorist who was filming the encounter.

The motorist continued recording rather than stopping to present the documents.

Wolfinger said that's a problem.

"You still have to provide that information on a stop and the filming can't interfere with the officer doing his job," the sheriff said.

Obstruction charges in these incidents are handled on a case-by-case basis, according to Baker. She said other scenarios, such as a resident being too close to the scene of an incident or standing directly behind an officer while recording, can also hinder police work.

Wolfinger said a citizen filming at night with a flash can also be a problem.

"If you're up in the guy's face with a camera and bright lights, that could certainly be interfering with his ability to do the job," Wolfinger said. "That puts the officer in danger and that's a whole other realm that people have to be aware of."

Chief Haug said there are times when it's more likely that a citizen filming could interfere with police work, such as during a crime scene investigation. But the interference has less to do with the recording than it does with the citizen's presence.

"You wouldn't want someone coming in there and damaging the crime scene," Haug said. "That's more to do with evidence control and crime scene processing."

There are incidents, he added, that the general public needs to be kept away from for their own safety, as well.

"I don't see it as an issue with the video," Chief Haug said. "Anywhere a citizen has the right to be they can video and record a police officer and it should not be a problem. The bigger question is what kind of scene does the officer have and are they keeping people out. If they are, obviously you don't want people in there recording."

All's well ...

Hutchings' video was stopped when the officer turned off his recorder about 12 minutes into the 26-minute traffic stop. The remainder of the encounter was captured on the two officers' body camera recordings, which were provided to The Press through a public records request.

The body camera footage shows both the officers and the residents being respectful of one another. There is no cursing heard from either side and for a portion of the encounter, Mortensen engages in casual conversation with the two men regarding where they work.

No drugs were found in Hutchings' vehicle and the encounter ended with the two men being told they were free to go.

Hutchings said that during the traffic stop he was "almost afraid" because the officers kept asking him about marijuana, which he repeatedly said he did not have. Since he did not have anything, he questioned the amount of time the whole situation took.

"It's our time that they're taking and we're paying these people to do this," Hutchings said.

Sgt. Wood responded to the man's concern by stating that conducting a search of a vehicle takes a significant amount of time to complete and that the officers did have probable cause to do so.

Hutchings was also curious why his camera was turned off.

When the department was made aware of the video, the issue of Mortensen stopping Hutchings' recording prior to searching the vehicle "was addressed," Wood said.

"I can't say how because of personnel policy," she added. "But it is not the policy of the Coeur d'Alene Police Department to turn off people's video recordings."

When Hutchings was informed by The Press that the department did address the issue of his phone being turned off, he said it was "awesome" to hear that the department acknowledged it.

"You can feel so left out and helpless during that kind of encounter," Hutchings said. "It makes me feel good knowing that it was looked into and that they were held accountable."