Excellent rationale and judgment.
“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”
Interesting that public encounters with law enforcement seem to evoke a cloaking and secrecy attitude. What is public on public property, is plainly public and rightly so. No one can expect their public actions to suddenly become private just because a camera is on.
The judge wrote that Graber’s encounter “took place on a public highway in full view of the public. Under such circumstances, I cannot, by any stretch, conclude that the troopers had any reasonable expectation of privacy in their conversation with the defendant which society would be prepared to recognize as reasonable.”
Motorcycle traffic violation – Cop pulls out gun
March 10, 2010