Isn't it tho?
Theft is more than intention. It's taking what isn't yours without permission. If I go to your house and steal your tv with the intention of giving it back to you at a later time, I think you'd say I stole your tv.
The police might have a warrant and legally be able to take your car which has the footage on it, one could argue it's legalized theft.
I think the point here is that, while the police might legally be able to do it, it might be pushing the boundary just a little and maybe the police shouldn't legally be able to take your car just because it was in the area of a crime.
All the points you made about AI are correct, currently. 5-10 years ago you would have been laughed at to say that AI would do the things it can do now., even if it is mediocre compared to professionals in the field.
Arguing that AI isn't that good ignores the acceleration of improvement AI has undergone. In another 5-10 years where will we be? It isn't going to stay the same as it is now. The current AI capabilities aren't going to stay where they are now. There is only improvement to made.
If we've come this far in less than 10 years, I'd bet that in the next 10 everyone is going to be surprised at what AI can do.