Constitutional law just doesn't work the way Kilgore says it does. If a law is found un-Constitutional, the police can't make up their own limited version -- the legislature has to do that (and AFAIK has not done so in Virginia).
To make the point more clearly with an exaggerated hypothetical, suppose that a law is passed prohibiting any discussion of nuclear physics. Someone who sold the secret of the "suitcase nuke" to al-Qaeda is prosecuted under this law. In a different case, the Supreme Court (quite properly) finds this hypothetical law to be an infringement of First Amendment rights. The guy would get off scot-free, unless charged under some other law (such as the real-world laws that specificially address classified information and aid to criminal conspiracies).
If the state chose to ignore the ruling, in effect nullification, it does have precedent in this nation's history. In fact more than once before 1850. These states have chosen not to recognize the false supremacy of the national government over the will of the respective states when it comes to their internal affairs. Good to see NC still enforcing the law as well