Here is the bottom line: Surveillance and matters relating to an active or ongoing investigation run by the "Bureau" (read: Detective, Investigators, etc.) should appropriately be encrypted. There's nothing for the public to know in that regard.
Routine dispatch matters should be in the clear at the very least for the sake of transparency. As a former police officer, a member of the Bar representing POs both in criminal, civil, and internal matters, I have yet to come across an instance. wherein any PO or command level person said "I wish they never put that dispatch OTA". Furthermore, having been involved to varying degrees with the LE community, no one, but no one has ever said that the apprehended "bad actor" had a scanner or other radio capable of receiving commo. My take on this is: It's a tempest in a teapot being put forth by certain vested interests (no need to identify them). The stories that I've heard were that the bad actor had his/her place of redoubt, such as it may have been, under total electronic surveillance (read: cameras and the like...not scanners, handhelds and the like).
This subject is being flogged ad nauseum for no good purpose or result other than venting one's spleen.
Someone should read the HIPPA statute, the committee hearings (what was it that they were thinking as to the purpose of HIPPA), and most importantly the CFR as it relates to HIPPA. Golly, is that what they intended with HIPPA? Surprise!..not quite.
BOOM! Now that I have vented my spleen, thank you for your indulgence. I wish the best of all to you and yours for this Thanksgiving holiday!