15/30 B&M Game... Is this an automatic cap?

[golferbrent]

Sitting in my typical game, which right now is even better then normal... lots of limping and coldcalling. If you make any hands you make a mint... on to the hand in question.

I am MP1: 2 players limp and I raise with A-Kd... player immediately behind me goes to cold call in a feable attempt to spike a set. However, while he is in the middle of his conversation he doesn't notice that he has an extra green chip in there and puts out $40. The 40 is significant b/c that is enough to indicate a raise.

Knowing full well that he had no intention of raising I say to the dealer that the player has raised. He promptly says that it was an accident and he had no intention of raising. The dealer agrees with me and asserts that unfortunately it is a raise.

The blinds call and the limpers call... and it is back to me for one more bet...

Two questions:
1. Knowing full well that the player trailing me had no intention of raising, but b/c he was not paying attention put too much out... should I "angle shoot" here to get it declared a raise?
(My intial thought was that if I could get it deemed a 3-bet maybe we would lose some players and I could have a better chance of winning the pot)

2. When the action returns to me... is this an automatic cap or should you call... knowing full well you are going to have to hit your hand to win?

I will share results later!