The point is that such actions are already unconstitutional, with or without the LTCH requirement. Pinner did not have an LTCH and was not a "proper person".They don’t care about court decisions.
They do whatever the hell they want with complete disregard for law or precedent. Everyday.
They know someone has to pay a lawyer a fortune to call them on it, and most don’t have the resources. They search whom they want, when they want, for as long as they want, and take whatever they want. When they are wrong there are ZERO real consequences so why would they do anything different?