Im doubtful
From a related Fox News article on the incident...
"In cases like this, the quickest way to determine who is being truthful is to look at the video. So I emailed U.S. Customs and Border Protection and officially requested a copy of the video.This sounds so very IRS-ish. Deny everything. Deny the event occurred. Deny any tape exists. Destroy any evidence.
My request was denied.
I also asked for a copy of the statute that criminalizes Photography 101. Ive yet to receive a reply."