I can't speak for him but I get the impression that he simply did not see any issue with this. He knows the person at the newspaper who wanted the photos. They used Cougar's drone to just get a few photos (he took 8 shots). He then took a few photos with his camera. Keep in mind that this is a "small town" where everyone (at least that I've met there) practices good southern hospitality.
He did show them the 8 photos that he took, to show that that they were just of the outside of the building but this is the _reason_ they charge him with taking the photos. They knew full well what the photos showed.
Legally he had no obligation to do anything unless they detaining him with suspicion of a crime. He certainly had no obligation to show them the data on the memory card or give it to them but he did anyway. He cooperated completely with them. He told me that it was a little intimidating, having 5 armed guards asking questions.
While it's nice to ask for permission, it's legally not required. If you then don't want to take photos, that is understandable. The issue I have is that we should let people to take away Constitutional rights. In this case they violated several of Cougar's guaranteed Constitutional rights. Once we allow this to happen it becomes much easier to continue to do.
I'm _not_ saying we should all be jerks about it. There is a difference between standing up for your rights and being a jerk. In this case there is nothing to show that Mr. Cougar was not very considerate and assisted law enforcement. What it got him was an illegal charge and an illegal confiscation of his property. What it got all drone fliers was another chip away from our rights to obtain photos with our drones. Right now it's "illegal" not to fly in many places. Entire cities and counties are simple banning drones. Soon we may not be able to "legally" fly at all.
And at the end of the day, he wouldn't have a story to share here had he alerted the hospital prior to filming.
Our constitutional right to fly where ever we **** please was trumped by the hospitalized Colonel's
constitutional right to privacy, perhaps?
Hmm, I work within the boundaries of HIPAA laws daily and the thought that they result from living in a "police state" has never crossed my mind.