Isn't that public performance and doesn't that require the police dept to pay royalties?
Some scenarios:
A) like here, I just play on my phone. Idea is that it is for myself, say I left my earphones at home, but I just need my tunes.
B) I have my open headphones on, so the music is clearly audible to anyone near by me
C) I have earbuds (no sound for people near by), but they get disconnected and my phone goes on speaker