"First of all, there's the Fourth Amendment, which protects against unlawful search and seizure. The problem is, according to Yana Welinder, a nonresidential fellow at Stanford Center for Internet and Society and affiliate at Harvard's Berkman Klein Center for Internet and Society, courts don't know how to handle fingerprints. "Fourth Amendment protection is currently seriously out of touch with [the] latest technology," Welinder said.
Then there's the Fifth Amendment, which makes sure you can't testify against yourself in a criminal case. Here, though, judges struggle to apply the amendment to "non-testimonial situations," Welinder said."