> which prevents the government from bringing a case
Genuinely, from outside, it seems like your government doesn't give a damn on what they are and aren't allowed to do.
You have to remember that "the government" is not a monolith. Evidence goes before a judge who is (supposed to be) independent, and cases are tried in front of a jury of citizens. In the future that system may fall but for now it's working properly. Except for the Supreme Court... which is a giant wrench in the idea the system still works, but that doesn't mean a lower court judge won't jettison evidence obtained by gunpoint.
They haven't for a long time, just that most of the time they were doing things we thought was for good (EPA, civil rights act, controlled substance act, etc) and we thereby entered a post-constitutional world to let that stuff slide by despite the 10th amendment limiting the federal powers to enumerated powers.
Eventually we got used to letting the feds slide on all the good things to the point everything was just operating on slick ice, and people like Trump just pushed it to the next logical step which is to also use the post-constitutional world to his own personal advantage and for gross tyranny against the populace.
Yes, but I’m not going to unlock my phone with a passcode, and unlike biometric unlock they have no way to force me to unlock my phone.
The district courts will eventually back me up on this. Our country has fallen a long way, but the district courts have remained good, and my case is unlikely to be one that goes up to appellate courts, where things get much worse.
There’s an important distinction: the government doesn’t care about what it is allowed to do, but it is still limited by what it is not capable of doing. It’s important to understand that they still do have many constraints they operate under, and that we need to find and exploit those constraints as much as possible while we fight them