What is the point you're making?
Because it seems to me that you are merely picking apart concrete details of an example situation that are not relevant to the general issue that the example is clearly trying to demonstrate.
I was reaching for a scenario that concisely demonstrated the core aspects of the general issue; maybe the example I chose wasn't very good. The core aspects are what are important, though. They are:
1. Someone in authority can discover recorded information, one interpretation of which is that that someone else is plotting a crime
2. The information might not have been subject to any agreement with (or even seen by) a second person
3. Should that discovery be taken seriously enough to warrant arresting the person?
My claim is that yes it should, unless there are other clearly overriding factors.