Jokes aside, although illegal I doubt many cops 'care'. Same with fender eliminators that still place the plate close to 90 degrees at the back-end of the bike. Unless a cop is a rider, they probably don't know the difference between it and OEM...I know in the case of my bike, if I ever got the Yoshimura eliminator, any non-rider would be hard-pressed to tell, plus it re-uses the OEM blinkers. On the flip-side, tuck the plate up near the rear shock, put an integrated tail light on, or those LED blinkers the size of a penny, and some will take notice.
That said, I'm guessing based on the new safety regs, it must be hard to get a certificate/pass with the bike modified. Pretty sure for a proper safety they do check the measurements, and technically, require the OEM fender to be mounted to the vehicle.