True, but it's a dangerous precedent. The fact is that a lot of law in areas such as traffic, waste management etc is basically meant to be fluid and a deterrent; if everybody that littered where it was illegal, drank from open containers where it was illegal, fly-tipped or sped was instantly caught, then we'd just have tonnes of people in prison for relatively minor offences.
I think there's a desirable degree of pragmatism to be favoured in lieu of unbounded technological utopianism on this point.