At some point this is all judgement calls -- by police, by prosecutors, and by lawmakers. You can't run a complex society on a series of bright-line rules. If

At some point this is all judgement calls -- by police, by prosecutors, and by lawmakers. You can't run a complex society on a series of bright-line rules. If you don't like the judgement calls that inevitably must be made, you should pay more attention to the selection of prosecutors (local DAs are often elected; federal DAs are appointed) and those who set the agenda for policing.