If a prof/TA can't be bothered to police their students then they forfeit any right to complain about cheating.
If students can't follow directions (give grace on the first offence, maybe) then letting them slide does a disservice to their future.
As for cheaters: I don't mind whether or not really determined cheaters can sneak through. They are only cheating themselves in the long run. A system that only catches the 'honest' kids is still a good system because only the 'honest' students will generally make any attempt to mend their ways.
just my $.02