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Sounds like someone who either didn't know the AirTag would announce its presence or didn't care. The feature allowing iPhone users to see that an AirTag is traveling with them came out in December 2022 so the other cases where they were used mentioned in the article could have been between the 2021 release and 2022 update. If the drivers of those vehicles were searched, they could have also seen whether they used iPhones and only planted the devices if no iPhone was present.
Since the AirTags were being used to track people without authorization, police tech would hopefully not be an option if there's paperwork involved. Somebody would have to sign out the equipment and that could raise eyebrows if there's no accompanying documentation to show that it's being used in accordance with the applicable laws and policies.