A couple of things: One, laws vary by state, so it's hard to apply a blanket rule to every officer in all 50 states. And, two, the video does not always show the entire situation. While it may not SEEM that a person filming is not obstructing the officers in any way, that is not always the case. Egging on a crowd or exacerbating a situation can be a very legitimate law enforcement concern. So, if you want to film me, go right ahead, just don't do it nearby or in a way that you might make my job more difficult as a result of your presence.
Very good advice.
I've been taught never to disobey a police order (once I am clear that it is an order rather than a request). Even if the order is unlawful, that it's not a good idea to argue law with a police officer in the field. Save it for the courts.
It could be because he's not doing anything wrong, or, the officer's a tad bit busy with something else! It's like the guy that fails to yield to a police car with lights and sirens as they roll to an emergency call - we can't pull them over because we're busy doing something else, yet failing to yield is against the law ... yet nothing happens to them. You deal with the incident that is more pressing.
However, many of the people in these videos do say something to the effect of "I'm not obstructing you because I'm out of everyone's way" and disobey the order, continuing to film, seemingly without consequence.
All you can do is use your words. Are you really involved in filming that many police encounters that this list of questions is actually necessary?
1. If I decide not to obey the order, how should I communicate to the officer that I am knowlegeably exercising my rights without accusing him of a crime (issuing an unlawful order) which is sure to inflame the situation.
You complain to the employing agency, contact the media, post the video on Youtube and enter into a diatribe, etc.
2. If I decide to comply with an unlawful order out of fear of unlawful consequences, what redress do I have in court against the officer for making an unlawful order?
That depends on where they were (border or interior checkpoint, permanent checkpoint or roving patrol, etc.). You don't generally have a right to evade or avoid a detention at an ICE checkpoint. But, they still need Reasonable Suspicion for the detention ... unless at the border crossing. In the video it seems that a more senior officer came in to defuse the situation, decided it wasn't worth the confrontation since it did not appear that the people involved were illegals, and allowed them to go.
And on a slightly different topic: Is this girl's refusal to move her car off to the side of the road while detained legal, or was she just lucky that they didn't press the issue? She doesn't give any justification for refusing the order, even though she does justify her feeling that her detainment is unlawful.
Border Patrol agents may stop travelers at the border, or near the border at its "functional equivalent," without probable cause or reasonable suspicion. Border stops are deemed reasonable "by the single fact that the person or item in question had entered into our country from outside." (Ramsey (1977) 431 U.S. 606, 619; Valenzuela (1994) 28 Cal.App.4th 817, 824.) Routine searches of persons and property coming into the country do not require probable cause or reasonable suspicion. (Montoya de Hernandez (1985) 473 U.S. 531, 538.)
Border Patrol agents may also stop vehicles at reasonably located, fixed, permanent checkpoints many miles away from the border without any individualized or reasonable suspicion that the particular vehicle contains illegal aliens. (Martinez-Fuerte (1976) 428 U.S. 543, 562.) This is so because the procedure is routinely and evenly applied to all vehicles. (Hernandez (9th Cir. 1984) 739 F.2d 484, 486-487.)