Yes, because a police helicopter is different for two reasons: (1) it’s not operated by CBP (who have no jurisdiction here), and (2) a police helicopter doesn’t have Hellfire missile bays.
Putting aside the CBP issue (fair point, agreed, that's weird), it's not like police helicopters haven't been used for pretty bad things in the past - e.g. when Philadelphia firebombed it's citizens in the 80s.
https://en.wikipedia.org/wiki/MOVE