I agree that Apple could help with stolen items, but there are lots of knee jerk reactions in this thread. As quoted, Apple is likely not showing any device near you. Let’s wait and see.Who says they haven't thought about this?
If I walk into a room, any AirTags present have obviously not been tracking my location because I just came upon them, so doing a scan should not reveal those to me at all.
If I'm on a train and there's a passenger near me who has an AirTag with them, that tag is in the presence of its owner, so it's also not being used to track me, so again it wouldn't show up in a scan.
If I do a scan and my phone thinks, "Hmm... I've been in Bluetooth range if this one for ten minutes now even though you've been constantly moving, the the tag's owner isn't anywhere near here." then that is definitely a candidate for one that might be tracking my location.
This seems to resolve the issue of your phone not reporting a concern until too long of a time has passed and a stalker has already got the information they need.