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Question

Case 15.2
Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park and notices that he meets with another man and passes him a newspaper. Unfortunately, Officer McElroy is unable to approach the young men without being seen because of the open area and both men quickly disappear into the trees. Since Officer McElroy does not think he was seen, he returns to the park, but hides behind some trees and uses his binoculars to observe another meeting between Leon and another young man. He is able to adjust his binoculars to see that Leon places a baggie of marijuana inside the newspaper immediately before the meeting. The other young man hands Leon paper money and receives the rolled up newspaper from Leon. Officer McElroy sneaks up on the two young men and overhears the buyer say, "I hope this weed is better than the last stuff you sold me." Officer McElroy steps out from behind a tree and arrests both men.

Leon is also offended that his private conversations were overheard by Officer McElroy and challenges the use of this information against him. Is he justified in doing so, and if so, why?
a. Yes, because even the evidence of the conversation violated the reasonable expectation of privacy of the two men according to the Fourth Amendment.
b. Yes, because Officer McElroy can only use the evidence of what he saw, not what he heard.
c. Maybe, because the conversation is admissible only if the other young man consents.
d. No, because Officer McElroy was in a public park and had every right to be where he could overhear a conversation.

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