Hey more power to JP if he gets pulled into the back room or an officer starts to whisper to him and he wants to turn his recorder off. Me I am not going to be without that protection if I can help it, and personally think to think otherwise is not realizing the intent of the law (although Flora spell out the intent is to protect private citizens against Law Enforcement and not the other way around).
I have been through this with public officials before, building inspectors. I recorded them without telling them and than brought the recording to their boss at the time Jose Varga and the head inspector Tom McClaughlin(? spelling).
They tried to make the same argument JP is making they checked with legal, got back to me told me I was right and have had nothing but great inspections from the city of Bellingham since then.
Now my recording was not on a public place, was on private property in a house being built with no third party around. The simple fact that a public servant engaged in a public duty has no right to privacy when dealing with the public.
It's there in the rulings, the lawyers for the cops on Flora didn't try to argue that point because they knew they'd loose. Thats why the justices didn't even rule on that point, and use words like "morever".
Here's some similes for moreover: furthermore, also, further, in addition, too, as well, besides, likewise, what is more, to boot, additionally, into the bargain, withal (literary) There was a man behind her. Moreover he was observing her strangely.