Is this a legal statute or simply convention due to the ways things have historically worked (i.e. pre-hash matching at scale)? If warrants are granted based on probable cause, it seems easy to convince a judge that a hash match is sufficiently unlikely that it would exceed the threshold for probable cause. In the context of cryptographic hashes, this is accurate. But if law enforcement doesn't distinguish between cryptographic and perceptual hashes, then there is the real possibility for cases opened and warrants issued unjustifiably.

Sure, matching a hash isn't a crime and you will eventually be exonerated. But as they say, you can beat the rap but you can't beat the ride.