They can use whatever justification they like, however the constitution is the highest law in the land and what they say does not override it's text. They are behaving illegally and if I was in power they would be punished.

Also while I am ensured of this right by the constitution, the passage "The right of the people to be secure in their persons, houses, papers, and effects..." affirms that these rights are not granted but instead fundamental. Like the first amendment and others this is one of the "certain unalienable rights" granted by our creators.