At what point could anyone believe that a traffic stop on a public roadway is confidential? More importantly most agencies tape their stops, which is proof that there is no expectation of privacy, or they would need to get a warrant. Finally, how could a reasonable person do as the courts suggest and advise the police that they were in fact taping? Wow!

I wouldn’t classify publishing on youtube as a valid 3rd option, however. At least not where the video was recorded in Massachusetts. Your basically arguing that with enough public support on one’s side, the government will be forced to change the law. Given the recent trend in the US towards strengthing governmental power, I don’t think the legislature would rewrite this statute. I also don’t see the Supreme Judicial Court of Massachusetts overruling itself simply on the basis of public opinion absent any change of the law by the legislature. That said, you are more than welcome to be the test case

If you don’t tell the cop you’re recording, and they turn the tape in to the police and file a complaint, you’ll get arrested and go to jail.

So it’s a lose-lose, right? No, there’s a third option. Publish the video on youtube (or get a 3rd party to do it). Expose the misconduct first, to get public support on your side.

Good points about his dash cam and tolls! That would likely hinge on whether someone is expecting to be recorded in those situations. That would definitely anger a lot of people if you sued a police department for illegally recording a traffic stop!