Earlier quoted context omitted.
But Flock isn't searching anybody. You keep calling it a dragnet, or an illegal search, but the courts have repeatedly held that recording images in public needs no warrant or probable case.
Law enforcement is using a third party (Flock) to get around constitutional requirements. A camera pointed at a public street isn't the same constitutional question as LE searching a persistent database to reconstruct someone's movements. The latter falls into fourth amendment search territory.
This isn't the case of law enforcement using a third party to get around constitutional requirements. The government could set up their own cameras doing exactly what Flock does, and it would still not violate anyone's constitutional requirements. Because people don't have a right to not be recorded in public, no matter how much you want that to be the case.