You assume that some future Supreme Court case will rule that governments' use of Flock violated the Fifth Amendment, but at present Flock is violating now laws. Like I said in the my original reply: nothing is good to be legalized because nothing Flock is doing violates the law.

There's a big difference between "X is illegal" and "X is presently legal, but my prediction is that the Supreme Court will, in the future, rule that X is illegal."