If eyewitness - the privilege does not exist. Miller v. Superior Ct. Watershed case because it involves liability for truthful publication. Joined four other states. Before 4th Circuit Court of Appeals.
Intrusion is a neutral law of general application so no first amendment protection necessary.
Photos never published. Suits proceeded against police. Fourth Amendment bar of activity was not clear at time. Press presence might improve public oversight. Case is going to be decided by Supreme Court.