I have a strong feeling if it wasn't for Shelley the investigation would have been be dead in the water weeks ago.
It may not have been technically legal, but I think he was doing what he thought he had to do. I also think he is willing to face the consequences if he has to.
The fact that the Gibson photo came out shows what HOWARD's intentions at the time that he took it. (Blackmail)
And the fact that they took the Anna, Daniel, baby pictures LATE AT NIGHT and only a few hours before Daniel's death, shows what HOWARD's intentions were.
Daniel wouldn't be alive in the morning.
All three scenarios support pre-meditated murder.