The former FBI director's Instagram photos are not an "exigent circumstance" that allows law enforcement to circumvent the Constitution.

The New York Times is reporting former FBI Director James Comey was tracked by the U.S. Secret Service after his “86 47” Instagram post. They tailed Comey in unmarked cars and tracked his cell phone.

Authorities tailed Comey and his wife, Patrice, as they drove from their North Carolina vacation to their Washington, D.C., area, according to unnamed officials