Last fall, Proskauer attorneys filed an amicus brief on behalf of the American Civil Liberties Union (ACLU) and ACLU of Massachusetts (ACLUM) in Commonwealth v. Arias, SJC-13816. On April 15, 2026, the Massachusetts Supreme Judicial Court issued its opinion in the case, holding that police violated Article 14 of the Massachusetts Declaration of Rights by waiting more than 24 hours to stop Jose Arias after observing him commit a civil traffic infraction while tailing him as part of a drug investigation. The SJC reversed the denial of Mr. Arias’s Motion to Suppress, vacated his conviction, and remanded the case to the Superior Court.
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Proskauer Partners with ACLU to File Amicus Brief Urging the Massachusetts Supreme Judicial Court to Curb Pretextual Stops and Reinforce Constitutional Protections Against Warrantless Arrests
By Emily Wakeman & Alexander Guzy-Sprague on
On November 21, 2025, Proskauer attorneys filed an amicus brief on behalf of the American Civil Liberties Union (ACLU) and ACLU of Massachusetts (ACLUM) before the Massachusetts Supreme Judicial Court (SJC) in the case of Commonwealth v. Arias, which presents foundational questions about the protections guaranteed by Article 14…
First Circuit Upholds Right to Secretly Record Police in Public
By William D. Dalsen on
On December 15, 2020, the U.S. Court of Appeals for the First Circuit affirmed the grant of summary judgment in favor of our clients, holding the Massachusetts Wiretap Statute (Mass. Gen. L. ch. 272, § 99) unconstitutional when applied to secret recordings of police officers discharging their official duties in…
Federal Court Upholds First Amendment Right to Secretly Record Public Officials in Public
By William D. Dalsen on
Last week, in Martin v. Gross, Chief Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of our clients, finding the Massachusetts Wiretap Statute (Mass. Gen. L. ch. 272, § 99) unconstitutional when applied to secret recordings of government officials performing their duties in public. The decision is significant for its clarification of protections under the First Amendment.
The Massachusetts Wiretap Statute makes it a felony to “secretly” record oral communications writ large, regardless of the other circumstances of the recording. Our clients—two civil-rights activists in Boston and the plaintiffs in this case—challenged the Massachusetts Wiretap Statute as unconstitutional under the First Amendment as applied to secret recordings of police officers performing their duties in public. While both plaintiffs have openly recorded law enforcement officials performing their duties in public, both believe secret recording would protect their safety and more accurately document officials’ behavior in public.