Quote:
Originally Posted by JoeWilliams
Remember, "expectation of privacy" isn't the only issue, "expection of non-interception" also plays a part.
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Only applicable when "expectation must be justifiable under the existing circumstances".
Commonwealth v. Brion and Commonwealth v. Henlen, commonwealth v.Agnew all seem (to my reading) to uphold that in order for the expectation of "non-interception" to trump a the lack of "expectation of privacy", "expectation must be justifiable under the existing circumstances".
In recording LEO's they have apparently found the circumstances are not warranting expectation of non-interception by virtue of the public servants job. Probably at least in part due to your reasons you cited such as being in an environment of recording devices.
That's just my reading of it but IANAL.