but it could prompt them to have cause since they are using these filming activities to identify officers and threaten them and their families, so they do have cause to identify the people doing so.
Your point is well-taken regarding the potential justification for law enforcement to identify individuals filming them, especially if such activities are perceived as threats to officers or their families. Here's a breakdown of the legal and practical considerations:
Legal ContextFirst Amendment Rights: As mentioned, filming police officers in public spaces is generally protected under the First Amendment, as established by various circuit courts (First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits). This right, however, is not absolute and can be subject to reasonable time, place, and manner restrictions.
Fourth Amendment Considerations: The Fourth Amendment protects against unreasonable searches and seizures. However, if law enforcement has probable cause to believe that an individual is engaging in activities that threaten officer safety or interfere with official duties, they may have grounds to identify or detain that person. Probable cause can be established if there is reasonable belief that a crime has been or is being committed.
18 U.S.C. § 111: This statute criminalizes forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers engaged in their official duties. If filming is perceived as part of a pattern of intimidation or threat, it could potentially fall under this statute, providing cause for further investigation or action.
since this has been going on they do have probable cause.