Your User ID is very impressive, but personally I think that my scenario is more likely and that the full details of this usage, if presented to a federal judge, would pass muster. From the description, it sounds like a goodly chunk of the thing's OS is devoted to ceasing surveillance of unlikely targets as quickly as possible. Of course, it could all be a smokescreen, but it's also quite possible for a reasonable surveillance algorithm to implemented. Not a constitutional scholar but as I recall, all that would be required is that the activity be reasonable and proportionate to the threat presented.