Some are forgetting a very critical part of the criminal justice process here: Evidence that is presentable in a court of law.
Photos of someone with a 'Dinky-Dau' portable in their hand is not empirical evidence that they were transmitting without a license, that they were transmitting in contravention of state or Federal law, or in support of an illegal gathering, insurrection, or other prohibited action. They could have been calling for assistance for an injured person, for assistance from law enforcement, or other lawful actions.
The DC PD, the Capitol PD, the US Park Police, and many other agencies have zero RF interception capabilities other than "Sting-Ray" devices for cell phones. Someone spontaneously broadcasting drug transactions on CB channel 37 USB and in the clear is going to find it easy because local, State, and many Federal agencies have no intercept capacity. Sure, they can request assistance from the FCC, but this pre-supposes that they know that it will likely happen and that the FCC has the personnel and equipment available.
The NSA/CSS has recordings of most, if not all the RF traffic in the area, but they will not disclose their capabilities and capacities to the public. That includes open trials of criminally charged suspects, even if an attorney subpoenas them. They are loathe to do so in National Security trials that are closed - because facts get disclosed to counsels on both sides, the judicial officer and their staffs, etc.
Photos/video of someone with a radio in their hands are not conclusive evidence. They are circumstantial evidence.