“I would expect the courts are going to be quite deferential. They don’t want it on their hands if a terrorist gets through and causes mass deaths,” said Renee Lerner, a George Washington University Law School professor. “This basically falls under a public-safety exemption to a warrant requirement." ... “The Constitution says you won’t be searched without probable cause. Of course there is an exception for that with administrative searches,” [legislative counsel for the ACLU, Chris Calabrese, said.] “There does reach a point we have to ask ourselves how far down the technological path do we want to go in chasing the next technique?”For reference, here is the complete, unabridged text for the Fourth Amendment:
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.