In that case, my verdict is, 'pretty shitty performance'. Interesting to see what a jury (not made up of police officers) would make of it, if it ever came to court.
Which of course it won't.
Saw your earlier reply after I'd posted. Your reasoning is plausible, I guess - although I don't see how watching it on Facebook is going to make him act any differently than watching out of his window.
As you say, not entirely clear cut - but I do hope they went down the polite explanation...
On what grounds? She is on her own property, not in a public place - I'd have thought she has every right to do what she wants with here camcorder/phone or whatever.