The author refers to "relevant case law," but I could find no citations. Perhaps the article got somehow truncated on the web.
Anyhow, I recall a case from California where cops were chasing a robber through some back yards and spotted a couple making love on the kitchen table. They interrupted the chase and charged these folks with some kind of obscenity.
The couple, married home owners, challenged the bust and won. I firmly believe that the constitutional right to privacy mandates this result in any jurisdiction.