Remember folks, this doesn't prevent the government from tracking you; It just means that if they try to use the evidence gained from tracking you in a court of law, you can pay a lawyer to get that evidence suppressed.
The CIA can still use tracking devices and so can the police in a state without good public defenders just as the NSA is free to go beyond the bounds of a FISA court warrant. Nobody checks them and the warrants' validity is never brought before an appellate court.
At least in theory, actual physical installation of a tracking device without authorization would violate trespassing laws in many cases. So even if the government doesn't try to introduce the results as evidence, it might be possible to file a civil trespassing suit. But, I have no idea what the odds of actually prevailing on that are (probably low).
The CIA can still use tracking devices and so can the police in a state without good public defenders just as the NSA is free to go beyond the bounds of a FISA court warrant. Nobody checks them and the warrants' validity is never brought before an appellate court.
If you aren't familiar with suppression of evidence, here is an intro to the Exclusionary Rule: http://lawcomic.net/guide/?p=1585