We’re not really using it anyway
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
DUI checkpoints. Stop and frisk. Racial profiling. Total Information Awareness. CIA. NSA. AT&T. Surveillance state. Cheek swabs. No-knock warrants. Civil forfeiture. More civil forfeiture. Border searches, subpoenas instead of warrants, metadata, facial recognition, medical records. Expanded background checks.
It’s all about the gray areas. As with any law or definition, we just keep chiseling away at it, defining it more and more completely, allowing for greater degrees of and more varied means of qualifying a term, a concept, a status, until there’s nothing left to define.
Imagine just how much more secure we can all be if we get over this weird American hangup about privacy. Our existence as something far short of “rational animal” is all the probable cause necessary to warrant the termination of any reasonable expectation of privacy.
At least we still have due process.