There is a bit going on in this thread that I will not comment on.

What I would like to set straight though is the video/audio recording of the officer. Yes Massachusetts has a wiretapping law, and unfortunately it has been abused by some police and DAs for the past number of years. However, the Middlesex District Attorney, Gerry Leone, of which this matter took place in Wilmington, has recently instructed the departments of his jurisdiction that it is not illegal to publicly record video or audio of police action, so long as it does not interfere with the investigatory process. This was in response to a recent matter that I have particular knowledge of.

Congruently, the Massachusetts ACLU is also looking for a test case. Furthermore there is recent federal legislative action to specifically address the open recording of police (ie. to specifically make said recording protected, which would render any police interference illegal and actionable.)

So while Mass. courts have issued some head scratchers on this issue, it appears going forward that at least here in Middlesex, where this occurred, as long as you are open about it, and not interfering, then you do not need Police consent, and indeed it could (should) be a civil rights violation for the police to attempt in any way to interfere with said recording.

zac

EDIT: apologies in advance for grammatical-spelling errors. I am posting this on my phone.