Yes they can.
A lot of people have already gotten letters attached with their bills telling the customer to stop the downloads.
But, police doesn't tend to track down people downloading illegal content, they need to go deal with the gangs and guns out there.
Also, downloading is not as bad as ripping a DVD and releasing it to the public.
So, in other words, taking the game off the web for free is not as bad as putting the game on the web for people to take.
Goodluck, and have fun downloading.