We are unwilling to send police and judges into a new thicket of 4th Amendment law, to seek a creature of uncertain description that is neither a plain-view inspection nor yet a ""full-blown search.
If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong.
Persuade your fellow citizens it's a good idea and pass a law. That's what democracy is all about. It's not about nine superannuated judges who have been there too long, imposing these demands on society.