Glory Days;1063471 wrote:no, you dont. hence why if you walking with an open beer can in your hand, the cop can arrest you. they dont need to get a search warrant first. they also dont need a warrant if they are giving someone a pat down and feel a crack pipe in someone's pocket. obviously without cause, what is in your pocket is not in plain view.
its not different and you know it. once you enter a public area you have no expectation of privacy. the cops can dig through your trash without a warrant. they can goto your place of work and enter public areas without a warrant. they could sit next to you on a park bench and listen to every word of your cell phone conversation without a warrant.
whats next, you going to tell me if a cop is working undercover, he has to tell you if he is a cop if you ask?
The cop in your scenario had seen me doing something illegal.
If I'm just walking down the street and a cop wants to search through my coat and wallet and anything else I'm going to tell him to kindly fuck off. You think the police have a right to do anything so long as it's "in plain/public view". The constitution and most people who aren't cops would disagree. You should have no right to follow me around, listen to my conversations, search my belongings, etc, etc unless you have a warrant. End of story. If I followed someone around, put a gps on their car, and creeped on their conversations I would likely be arrested for being a stalker. Same should apply to police without a warrant. You are not above the law.
And your definition of "public area" is so absurdly huge its ridiculous. You've said a car parked in a driveway could be considered in a public area simply because it's technically accessible via a public road. Using that logic my living room is a public area that you are free to invade anytime you want because it's accessible via a public sidewalk which leads to my porch and hence the door.