It seems like you could get away with this, if you prefixed all jailed bpf filters with: (ip and (host [jail_ip] or multicast or broadcast)). I've got userland-code that does exactly this. Once I knew how to inject my own bpf code into an existing bpf_program struct, I was basically ready to go. The only other thing left was to figure out how, in the FreeBSD kernel, to figure out if you were in a jail and what that jail's IP was - turns out this is a trivial operation :)
Userland example code: pcapinject.c
Working Patch: bpf-jail.patch
The code in the patch is crappyish and has a pile of debug statements, but it does appear to work as intended.