Why is this legal? In Kyllo -vs- United States, the USSC ruled that using modern technology to peer into someone's home constituted a search under the 4th Amendment[1], and required a warrant.
Start program. Don't tell anybody about it. In fact, make it illegal for people to know about it. Buy millions of dollars in equipment. Use equipment even if untested/ineffective. Buy more equipment and start more programs. Repeat. Gotta stop terrorism, after all.
They are both very unconstitutional, just gathering massive amounts of evidence with no warrant or probable cause. Why any of these practices have lasted longer than a year after deployment is beyond me.
Why is it legal to collect every passing motorist's speed
using a radar gun? Why is a red light camera legal? I assume
they aren't
Both those examples happen when the subject of question is on public property and whose investigated crimes are those of the actual vehicle being misused.