Expectation of privacy in public?

[Anonymous]

For the lawyers and lawyer larvae out there...

In an article in the San Francisco Bay Guardian this week, there is an
article about MUNI's policy of making audio recordings of passengers.

<quote>
Nathan Ballard of the City Attorney's Office told the Bay Guardian that
they were well aware of the policy and approved it. "There are no
expectations of privacy in public," he said. Ballard asserted that the
policy was constitutional and did not fall under any wiretapping laws.
When asked if all of the vehicles that employ this surveillance policy
post signs to inform passengers that their conversations are being
recorded, he said, "This policy does not require signs."
</quote>

Frankly, if I'm sitting in the back of an empty bus, talking to the person
next to me, it's my opinion that there certainly is a reasonable expection
of privacy. Does anyone more qualified than I care to tell me why I'm 
right or wrong?

Legal or not, I'm also curious to see what the EFF has to say about this
wonderful incarnation of Big Brother.

http://www.sfbg.com/SFLife/35/51/cult.html