Comment This can't be about the Fourth Amendment... (Score 1) 96
The Fourth Amendment only applies to the Federal government, and no state statute can reduce or increase those rights. Of course, the state itself may be limited by the Fourth (through the Fourteenth), and in that case, no state statute can reduce those rights. California may try to pass laws that provide additional protection not governed by the Fourth, provided it does not violate the Supremacy clause, and that's fine, but its unlikely to limit federal activities expressly provided for by federal statute.
There is no real dispute over the right to wiretap without a warrant (although some claim to the contrary, its not the Federal government doing the claiming), at least not since the Bush administration got into hot water over that issue.
As to the applicability of the Fourth to metadata acquisition, the Supreme Court addressed that point more than thirty years ago in Smith v. Maryland. Cases claiming that Smith is somehow inapplicable to the NSA issues are working their way through the courts, and time will tell. But it is still a legal reach to assert
that metadata acquisition somehow violates the Fourth Amendment, without qualification, given the clear Supreme Court law on the subject.