The following excerpt is from Fazaga v. Fed. Bureau of Investigation, No. 12-56867, No. 12-56874, No. 13-55017 (9th Cir. 2019):
Our constitutional protection of religious observance supports finding a reasonable expectation of privacy in such a sacred space, where privacy concerns are acknowledged and protected, especially during worship and other religious observance. Cf. Mockaitis v. Harcleroad, 104 F.3d 1522,
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1533 (9th Cir. 1997) (holding that, based in part on "the nation's history of respect for religion in general," a priest had a reasonable expectation of privacy in his conversation with an individual during confession), overruled on other grounds by City of Boerne v. Flores, 521 U.S. 507 (1997). Thus, Plaintiffs' expectation that their conversations in the mosque prayer hall would be confidential among participants (unless shared by one of them with others), and so would not be intercepted by recording devices planted by absent government agents was objectively reasonable.
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