"If the arrestee thinks that the search is unreasonable despite the law, he can ask a court to declare the law unconstitutional, either generally or as applied to him in the particular case. Whatever happened to simply being able to opt out?
I mentioned the opt out option as a means of avoiding any potential Fourth Amendment problems, alhtough I don't think that the Fourth Amendment is, in fact, a problem, i.e. I was speaking hypothetically, not categorically.
It may or may not be a "Fourth Amendment problem" in the technical legal sense, but it most definitely is a problem of the nature that the 4th amendment was designed to correct.