[firesteelrain]

Drive thru conversations are not private under the Katz test, so there is no reasonable expectation of privacy. That makes video or audio recording in that setting lawful.

Katz came about because the FBI recorded a gambler outside the booth with the doors closed. Hence we have the Katz test.

Heck, you can even record someone making a drive thru order yourself and no one can do anything about it

[ssl-3]

If the question was about whether a warrant would be required to record a person at a Burger King drive-through, then sure: I'd bite.

But that kind of question does not appear to be related to anything in the context of the discussions here on HN.

You seem to have presented a red herring.

[firesteelrain]

Not a red herring. The Katz test defines when a conversation is private, and a drive thru order does not meet that standard, so recording there is lawful even when it is done by a private person and not by law enforcement.