If the supreme court can learn new tricks, I'm confident HN can finally learn the difference between a police officer on his beat and a fully-automated data firehose mined in realtime or other perversions of technology. Witness United States v. Jones, the opinion delivered by Scalia:

The Government contends that the Harlan standard shows that no search occurred here, since Jones had no “reasonable expectation of privacy” in the area of the Jeep accessed by Government agents (its underbody) and in the locations of the Jeep on the public roads, which were visible to all. But we need not address the Government’s contentions, because Jones’s Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, we must “assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.”