gogodawgs
Campaign Veteran
But it is also very possible to be recorded by a third party that has no idea we are seeking privacy not on purpose but just because we happen to be in a public place.
While it is possible, I think it is a bit much to move to the adjective of 'very' possible. Just because there is a mere possibility of interception does not render our communication public.
A communication is private when (1) the communicating parties manifest a subjective intention that it be private and (2) that expectation is reasonable. Christensen, 153 Wn.2d at 193. Factors bearing on the reasonableness of the privacy expectation include the duration and subject matter of the communication, the location of the communication and the potential presence of third parties, and the role of the non consenting party and his or her relationship to the consenting party. Townsend, 147 Wn.2d at 673-74. But the mere possibility that interception of the communication is technologically feasible does not render public a communication that is otherwise private. Townsend, 147 Wn.2d at 674.