Honestly, I think the emergency services frequencies thing may be a moot point these days.

As far as I have heard, the vast majority of police and fire departments now use digital radio systems that consumer handheld radios don't support (even assuming they aren't encrypted, which I understand is becoming more and more common).

I guess that still leaves the aviation and maritime frequencies for people to program into their radios and (maybe) get in trouble for using illegally.