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. (Fourth Amendment to the Constitution)
It's amazing how vigilant The People have to be against the intrusion of The Establishment. These days a Washington Post correspondent will write a piece titled "Supreme Court may need to decide how private a cellphone is." One's first reaction might be that the concept is absurd but it is not. A smartphone contains the equivalent of "papers and effects." (And the first WaPo commenter's snark about how public cellphone users already are is off the mark. Overhearing one side of some stranger's conversation -- no matter how ill-timed or inappropriate it is -- is not the same as an arresting officer taking your cellphone and searching it for stored data.)
I am among the 85 percent of Americans with a cellphone although mine is not smart and does not provide access to computerized emails, documents and photos. But I do know that an iPhone, say, can provide its user with access to the owner's iPad contents and the Mac back in the office or at home, along with anything stored on the iPhone itself.
Here is a comment by Chief Justice John Roberts in 2012.
"Is being able to see through walls a violation of search and seizure protections? I think it will be a good opportunity to see how prescient the framers were if the Constitution will be able to deal with these questions," Roberts told an audience of several thousand. "What is the fundamental protection offered by the Constitution when applied to new technology and situations? It's a question that comes along all the time."
I wonder what sort of constitution and stated "bill of rights" our current crop of political leaders would devise. I have no confidence that it would resemble the current version.