The question of constitutionality is about the underlying motivation in a particular case, not about the validity of the process generally. It is legal for police to pull you over in your car. Unconstitutional if they do it without proper cause. Rubio prob can't say you are a risk to FP for an oped.
Read the headline again. Your post adds the nuance you are trying to draw - the focus on the operational steps - but calling it legal even in short hand is still poor framing as it is fundamentally not.
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