Actually, it's more than actionable. They held him without advising him of his rights and questioned him. Confiscated his equipment. The manner of questioning for hours is also more than a little debatable.
It comes down to... do we have the rights that our forefathers set forth or not?
Against him is the fact that he didn't challenge them. It takes balls to do, but when you're uncomfortable, you can request your equipment, refuse to let them search and take your equipment, and ask to walk away. At the point when you force it back in their court and they're forced to actually do something, they make an actionable stand. Otherwise they say the double-speak.
It's fear more than anything else- he theoretically had a recording device. But it has very limited recording capacity, and the fidelity is such that it wouldn't even be useable. In fact, most incidences of piracy are in house jobs, not the old sit in a movie theatre with a camera on your shoulder. That wen't out long ago.
Once again, law enforcement is behind. And being pushed by the MPAA.