1st Circ. Says Mass. Recording Ban Doesn't Apply To Police

Law360 (December 15, 2020, 11:29 PM EST) -- The First Circuit on Tuesday held that police discharging their duties in public can be secretly recorded, upholding part of a lower court order that struck down Massachusetts' sweeping ban on surreptitious recording but refused to nix the law in its entirety.

In a 72-page opinion, the three-judge panel, which included retired U.S. Supreme Court Justice David H. Souter, found that a federal judge got it largely right when she said citizens should not face criminal charges for recording police officers in public, even if the officers are unaware they are being recorded. 

"A citizen's audio recording of on-duty police officers'...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!