Or they stop using the means of communication that has become compromised and find a new way starting the cat&mouse over again.

This is like saying that an undercover agent must answer "yes" when asked by anyone if they are part of a law enforcement agency. What would be the point of being undercover?

The problem is the abuse of the invasive searching. If the evidence is compelling enough, then present that evidence to a judge and have a legit signed warrant. Unfortunately, there will be judges with a rubber stamp.