If you are sitting in a car next to someone being arrested it's very easy to be within 8 feet. If a person is within 3 ft without filming is everything fine? Wh

If you are sitting in a car next to someone being arrested it's very easy to be within 8 feet. If a person is within 3 ft without filming is everything fine? Who knows, but the act of filming doesn't seem like a reasonable differentiator between the two.