Yes, this will look great in court:
"I have a reasonable suspicion you're taking pictures (AKA engaging in 1A protected activity)"
"But do you have reasonable suspicion we're doing anything that's actually illegal?"
"Yes I do"
"I'll think of something after I investigate you"
Given the recent conviction, the idiot could have detained or even arrested them for OC, and then hassled for the pictures during the detainment. Unfortunately for him, he said right up front it wasn't for OC, so he left himself without the tiniest fig leaf of cover here.