Since all decisions in this rather quirky case have been on the side of the Texas student who is an amateur thus far, it is my belief that the judge will also rule on his side at the trial regarding his suit against the police. A judge has already ruled that he has the right to sue them as he was basically detained without having committed a crime.
A judge in Texas appears poised to rule in favor of an amateur photographer in a case against the Texas police. He has grounds to sue since the police did not appear to have sufficient grounds to question him about a possible crime. Based on the evidence, he was not obstructing justice, either.
If the student was arrested for recording or photographing police, then I think the judge will rule in his favor. Photography is protected under the 1st Amendment of the United States Constitution and recording and photographing police while on duty is allowed. The police should also have nothing to hide.
Well, assuming that the justice system is fair in this case, I don't see how the judge rules in any other way other than for the student. Of course, the justice system isn't exactly fair, and Texas would be a spot that I could imagine the "Good Ol' Boys" network still running the show. Perhaps with enough publicity it won't be possible for the judge to shirk his duty.