It's both. There are states with dumb laws on the books, such as "seven or more Indians are considered a raiding or war party and it is legal to shoot them" in

It's both. There are states with dumb laws on the books, such as "seven or more Indians are considered a raiding or war party and it is legal to shoot them" in Montana. It's legal cruft, and needs to be formally repealed. Police officers use judgement and selective enforcement all the time, seemingly whenever it benefits them, and this case was no different. The officers wanted to rain hell on this guy, and they justified it with legal cruft.