People are supposed to be free to receive and interpret any electromagnetic waves that cross their property, or in public spaces. Cops are people. So, they should be free to receive and interpret to any electromagnetic waves to further law enforcement, and in fact they would be foolish and incompetent not to. If your radio waves are saying "I'm a criminal" that's no different than posting a sign outside your house saying the same thing. If you don't want that, don't emit electromagnetic waves.
It is impossible to believe that the Virginia Department of Elections was the first to know about this. So, one must assume that dozens of people, many with much to gain have know about this for years. Those are precisely the kind of people that would use this without qualms. So, take various comforting phrases like "we know of no actual exploits" with a salt mine full of salt, because the odds are highly likely that they have been exploited.