First get comfortable with the law. I believe we are free to video tape if others are informed.
A responsible police officer should not go ballistic if you informed him/her that you were documenting the situation for both of their protection. A not-so responsible officer is the one I fear and dread. They know they might have little to no solid ground to stand on and a video recording could result in serious action against them.
You might be tempted to just turn the recorder on and leave it in the background, but first become aware of your state laws about recording someone without their permission.
Some states consider making a recording of a private telephone or oral conversation with the other party giving consent as a felony. Remember Linda Tripp, making copies of her telephone conversations with Monica. Maryland frowned on that.
Put the ball back in their court every time they insist on your cooperation to consent to a search without a warrant.
"Am I being detained" If someone is not under arrest, they are free to go, so when they waffle or 'mealy-mouth' some non-response, immediately hit them with "Am I free to go?" If you are not free to go, then technically your freedom has been arrested. Miranda rights kick in at the time of an arrest. The subject might not know they are not free to go, but when the officer says, No, you can not go, then they have begun the arrest process which kicks in rules about statements you make, right to have counsel, search of your immediate area for weapons or evidence you might seek to destroy.
That is why those two questions are so strong. They define the moment. If you are not willing to take some time and give consent to what the officer is requesting, if he has 'probably cause' to know or believe that a crime has been committed then he has the authority to act.
Do you mind if I search the trunk of your car? Unless you know your car is pristine, do you want to take that chance. Sure, he can call in a canine, and sure the dog handler can indicate an alert on your car. Hey officer, I just bought hamburger at the store and it is getting warm in my trunk. I hope your dog isn't too hungry.
We can over think each situation -
But it is very simple -
Am I being detained?
Am I free to go?
Stay calm, don't try to get into a conversation with them. They know how to talk to folks.
Those two questions keep you on the high road and remind the officer again and again to stay within his/her authority.
Dustoff45:
I greatly appreciate and thank you for taking the time to explain the videoing issue and also the questions to ask/repeat if I feel I’m being harassed or held for a warrantless search. That is exactly the type of useful info I was hoping to get. For those of us who have been fortunate enough to never have had such an experience with LEO’s, this info is critical to know. Thank you again & I hope you and yours have a wonderful Thanksgiving. - OB1