Nope - all they have to do is get Apple to add another surveillance key to the list of device keys associated with your Apple ID. Then all future iMessages get encrypted to that one, too.
Whenever any iDevice downloads a new keybag with an extra key, it gives the user like 15 notifications that a new device has been added to the iMessage account. I don't think there's a way to suppress this (without releasing a new OS).
I didn't mean to imply, that they could not, written it missed my ironic voice-modulation ;-)
I really had thought, that this would have happened long ago, for everybody, and so on. Would not have thought, that this was a problem for law enforcement, as it was with i.e. skype.
You are confusing the iMessage device activation UI with the underlying crypto operations.
Nobody iMessaging me gets any indication when I get a new iPad and add it to my account, despite all their messages to me now encrypting (on their device) to n+1 of my devices now.