The utility of a 2m/70cm handheld radio on simplex is mostly limited to line of sight. They are more effective than a blister pack radio. The utility of these radios is tremendously increased through the use of a repeater. In the Eastern Sierras where repeaters are all over, I can frequently communicate over a hundred miles with a repeater/repeater system. Some areas have an internet connection to the repeater (you can build one with your cell phone also), and you can literally talk anywhere the internet can go, and then some.
As a licensed operator, if I happen by someone using amateur frequencies without identifying with their call sign, I'm probably going to record them and submit a complaint to the FCC (and a game warden if I determine you're hunting). If I'm out in the mountains with my radio on scan and pick up someone on simplex, I'm going to be able to figure out who it is pretty easily just by looking around. Even easier if you're discussing your position with someone else. If you're using a repeater illegally, my experience is one of the repeater operators will shut the repeater down pretty quickly to prevent illegal use of their station. There's plenty of radio space that an unlicensed operator can stick to without interrupting my use of radio space that has formalities and licensure that I took the time to learn and acquire legally.
I'm not sure about other states, but Alaska was very clear that the use of a radio in the pursuit of game was against the law. I would go out of my way to gather evidence and report a crime should I be witness to one of that nature.
A radio license is $15 and the questions and answers they give you are everywhere on the internet to study. It is so stupidly easy to get your license and be legal that I don't understand why anyone would risk getting a fine or pissing off other users. Hamexam.org is my favorite study tool.
That said, a radio like a Baofeng being operated illegally on FRS, GMRS, or MURS frequencies (that is what the OTC bubble-pack radios operate on) would be nearly impossible to identify as an unlicensed radio without actually seeing the guy key up on the radio. Further, the only people that would care are most likely licensed operators, which typically have zero interest in listening to the zoo of clueless traffic on those frequencies. I suppose if I were a game warden or some sort of law enforcement, I'd probably pay attention to those frequencies though, along with CB. I suspect most LEOs are less privy to radio technologies than the average ham though. Also, GMRS is illegal to use without a license. I have never heard of someone being cited for that though.
I'm under 30 years old, so it's not just bored old guys that use this technology and care about the law.