[MortMan]

4th amendment, first part: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...

Surveillance is a search of sorts - especially when surveilled in normally private settings. With electronic media, including cell phones, the state now has the ability to infiltrate nearly aspect of a citizen’s life.

[Alberta's Child]

The problem today is that technology has enabled governments — and corporations — to conduct surveillance that would have been unfathomable even a few decades ago.

You can’t put the genie back in the bottle, so the constitutional protections against that surveillance really only protect a citizen from having that surveillance used in a criminal court.