Because I am recording something does not give probable cause for a Terry stop.
http://en.wikipedia.org/wiki/Terry_stop
Is't none of their business what I am doing. I am hurting nobody. Maybe I am in school making a documentary. Maybe I am scouting for Hollywood. Maybe I don't want to talk to a cop EVER..
So, OK... let's say maybe he was making a documentary for school. Wouldn't it have been much easier and waste less of the officer's time to simply say so? I bet if that were really the case, the officer would have happily escorted him around the building to show him other potentially less volatile areas that would not draw safety concern.
Referencing the Wikipedia that you tagged, "To have reasonable suspicion that would justify a stop, police must be able to point to “specific and articulable facts” that would indicate to a reasonable person that a crime has been, is being, or is about to be committed." A reasonable person would argue that recording the emergency backup generator, the gas pump and the prisoner loading sections of the Police Department does constitute specific and articulable facts that would indicate that a crime is about to be committed. It isn't a huge logical jump to assume that the purposes of recording the proximity of the gas pump, backup generator and loading dock may be to plan for a car bombing to take out the gas pumps, electrical system and secure the release of prisoners at the same time. It could be that he is doing recon work for a prisoner escape or a potential terrorist act. Who knows. No matter what, it's sketchy and without a halfways decent reason, it shouldn't be a surprise when the officer takes it as a serious threat.
The recording that he is putting out there as his "1st Amendment Audit" begins when he is recording the flag and almost immediately the officer is on the scene. There is no telling how long he has been recording and what he was recording prior to this.
Now, for those who wave the flag of "I'm on public property, I can record what I want to." Try sitting under the stairs at the mall or wherever and recording up women's skirts and see how long THAT lasts. The old, "I'm hurting nobody with my recording on public property" won't fly when.
Again, there is a HUGE difference between knowing your rights and alerting people when they have been violated. In this case, he is the one picking the fight in
an attempt for his rights to be violated so that he can record it and make an internet sensation of himself and incite even more hatred of the police. I'm all for civil rights, but I'm even more for common sense.
In this case, common sense doesn't seem to be common.
And the whole, "He's just an upstanding citizen defending the rights of the people" crap doesn't fly with me either.
Here's his rap sheet:
http://webapps6.doc.state.nc.us/opi...turl=pagelistoffendersearchresults&listpage=1
And here's a list of current charges (none of them stem from this altercation, btw)
http://www1.aoc.state.nc.us/www/cal...ichard&start=0&navindex=0&submit=Submit+Query