> the fact that one can happen without your knowledge makes it the preferable option from both an intelligence standpoint and maybe philosophically a rights infringing standpoint. I.E. it is the intelligence version of the tree falling in the woods. Are my rights infringed if the infringement has no impact on any of my other rights or my life in general

Seizure is the wrong tack. The 4th Amendment also covers searches. SCOTUS has ruled in Katz that a reasonable expectation of privacy triggers 4th Amendment protections (clarified in additional rulings).