I have caught myself 'loitering' once or twice when I lost my bearings and was rotating the drone looking for a strobe pulse. Watching the monitor then go uhoh look up and uh... uhoh.
Not surveilling, simply not moving until I regain positive...
But you can't say that with authority.
You may be fine after a couple of years and a hundred thousand dollars in legal fees, and no telling how much in bad press. They can seize the aircraft AND the remote to search it for evidence.
You are...