Even being noticed by the prosecution, they should not benefit from the mistake. Raising this issue themselves is a nice way to apply the incompetence defense while benefiting from the initial abuse. If they are allowed to prevail, other future seizures may be done using the abusive mandate and later be "corrected".
If that's something that would come up anyway, it's smart to raise the issue themselves before the defense does it.
If that's something that would come up anyway, it's smart to raise the issue themselves before the defense does it.