That's the only way it can be in a system with thousands of crimes on the books.
People commit minor offenses, and often felonies without knowing it, on a regular basis. If surveillance was consistently used to actually enforce the laws, people would a) notice the surveillance[0] and then actually object to it and b) start objecting to all the ridiculous and poorly drafted laws they didn't even know existed.
But they don't want the majority of people objecting to things. They want a system that provides a thousand pretexts to punish anyone who does something they don't like, even something they're supposed to have a right to do, by charging them with any of the laws that everybody violates all the time and having the surveillance apparatus in place so they can do it to anyone as long as it's not done to everyone. That doesn't work if the laws are enforced consistently and the majority thereby starts insisting that they be reasonable.
On the other hand, those thousands of crimes on the books exist because American society operates under a norm of "if its not explicitly illegal then its fine for people to do it". See for example, the rhetoric around maximizing shareholder value.
If the only way to protect yourself from selfish people is if their actions explicitly illegal, then the logical outcome is to make more and more things explicitly illegal.
IMHO, that's one of the core failures of modern Libertarian/Objectivist influenced thought.
I wonder if this is a technique used by certain leaders of authoritarian regimes to take out people in power they they deem threats. Everyone in the party routinely breaks laws, knowingly or otherwise. The person in charge can decide they don't like someone and start an investigation, knowing they'll eventually find something illegal. Then they can delegitimize and remove them under the guise of "corruption".