Earlier quoted context omitted.
I absolutely think you should be able to record the police. But following them around is potentially unsafe for everyone involved. It's also a good way to harass good people out of the profession (the worse a job is, the more you have to scrape the bottom of the barrel to fill it). In addition, it absolutely can be a misdemeanor to harass people, government employee or not. No one deserves to be insulted. The problem…
How is following police unsafe for everyone involved?
Corespondent safety is up to the corespondent, not the police. The police only have a reasonable expectation of safety up to a point. A person filming from across the street and/or well within view of a police officer is in no way endangering an officers safety. Chris intentionally stayed on the sidewalk between the east and west bound lanes of traffic to avoid police interactions and still be able to get video of the checkpoint from a safe distance. The officers had already identified the people recording from across the street as they had sent an officer over conspicuously to get an identification. When Chris started crossing the street the officers immediately recognized the street crossing and preceded to cross themselves from the other direction confronting the video recording. There was no significant amount of traffic on this road due to the time and activists alerting motor vehicles of the checkpoint far ahead. 90% of the traffic was successfully re-routed. There were no arrests for DUI that night and the only reason these checkpoints continue to be operated is for federal funding purposes. If there is no DUI arrests the validity of the authorization of the checkpoint becomes invalid. Theoretically the case should be thrown out if the right motions are made at the right time.
Now it is possible you can get into unsafe positions, but in almost all incidents it is completely safe to get VERY close. That said Chris, JP, and others were prevented from getting close enough to properly document the improperly conducted sobriety checkpoint. Chris tends to stay at a good distance or at least a safe visible distance if he gets closer.
The police did not follow the plan laid out under the superior court for which authorized the checkpoint. The police were in contempt of the order for going outside the checkpoint, putting up closed sidewalk signs, which also hindered the reporting by press of both the arrest and the checkpoint. There were also probably other crimes committed by the police. Notices to quit will be forthcoming and numerous complaints have already been filed against the Manchester police department prior to this interaction.
It's likely a properly brought lawsuit will result in $50,000 damages settlement for Chris and/or New England Cop Chasers as has happened in similar cases of the past. Look up the arrest of Carla Gericke for similar charges (disorderly conduct and resisting arrest, which was really just for filming police):
http://freekeene.com/2014/05/23/fsp-president-wins-federal-c...