What are the flaws in the majority's reasoning in this case?

The second flaw in the majority's reasoning is its confusion between situations in which the police obtain a warrant or gain probable cause to search or seize based on their observation of someone or something in public view and their simple right to do the observing. For instance, as the majority notes, see ante 50-51, courts have held that warrants and probable cause are not required for visual observations of persons or objects in plain view in homes if viewed by officers from public places, such as from an airplane above a home or from an apartment building yard through an open window. See, e.g., Florida v. Riley, 488 U.S. 445, 449-51 (1989) (aerial observations of curtilage of home from helicopter); United States v. Fields, 113 F.3d 313, 321-22 (2d Cir. 1997) (observations from apartment building yard through window

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