FORT LAUDERDALE, Fla. — A Florida appeals court ruled Wednesday that police violated the rights of New England Patriots owner Robert Kraft and others when they secretly video recorded them paying for massage parlour sex acts, barring the tapes' use at trial and dealing a potentially deadly blow to their prosecution.
The state 4th District Court of Appeal ruled Kraft's rights were violated under the Fourth Amendment to the Constitution, which protects against unreasonable searches and seizures.
“The type of law enforcement surveillance utilized in these cases is extreme. While there will be situations which may warrant the use of the techniques at issue, the strict Fourth Amendment safeguards developed over the past few decades must be observed,” the judges ruled.
“To permit otherwise would yield unbridled discretion to agents of law enforcement and the government, the antithesis of the constitutional liberty of people to be secure against unreasonable searches and seizures,” the court added.
Prosecutors will likely appeal the ruling to the state Supreme Court, but if it stands the misdemeanour charges brought against Kraft and other customers would have to be dropped for lack of evidence. Palm Beach State Attorney Dave Aronberg had no immediate comment on the decision.
Kraft spokesman Ron Berkowitz said in an email that the ruling upholds that the videos “should never have been taken.”
“This ruling protects the constitutional rights and civil liberties of all the men and women who were illegally spied on in this case. More broadly, this ruling will further protect the civil liberties of all Americans, by helping prevent future Fourth Amendment violations like those that occurred in this case,” Berkowitz said.
Felony charges against the Orchids of Asia spa owners and employees might proceed as there is other evidence besides the tapes against them.
Kraft, 79, and others were charged in February 2019 in a multi-county investigation of massage parlours that included the secret installation of video cameras in the spas’ lobbies and rooms. Police say the recordings show Kraft and other men engaging in sex acts with women and paying them.
Police say they twice recorded Kraft, a widower, paying for sex acts at the Orchids of Asia massage parlour. Kraft has pleaded not guilty but issued a public apology.
State deputy solicitor general Jeffrey DeSousa argued that police and prosecutors need the recording to convict the owners of felonies. The owners must be shown receiving payments from the prostitutes and the only way to get that is to install cameras, he said.
He said detectives had to fully record all massages, because the sex acts happened at their conclusion and 95% of male customers received one. While no female customers paid for sex, they were few in number and to not record them could be seen as discriminating against men, he said.
DeSousa said even if the court finds police violated innocent customers’ privacy rights, the Supreme Court has ruled that in most circumstances, only improperly seized evidence should be thrown out. Since Kraft, the other men and the masseuses were engaged in crimes, their recordings should be permitted, he said.
“Given the unique and difficult circumstances confronting these officers, the conspiracy, the logistics of the operation, what they reasonably anticipated they would see and the difficulty of knowing at the start of any given massage will this end with a happy ending or will it not, we think what law enforcement did here was entirely reasonable,” DeSousa said.
If convicted, Kraft would likely receive a fine, community service and other sanctions, but he could also be suspended or otherwise punished by the National Football League.
___
Anderson reported from St. Petersburg, Florida.
The state 4th District Court of Appeal ruled Kraft's rights were violated under the Fourth Amendment to the Constitution, which protects against unreasonable searches and seizures.
“The type of law enforcement surveillance utilized in these cases is extreme. While there will be situations which may warrant the use of the techniques at issue, the strict Fourth Amendment safeguards developed over the past few decades must be observed,” the judges ruled.
“To permit otherwise would yield unbridled discretion to agents of law enforcement and the government, the antithesis of the constitutional liberty of people to be secure against unreasonable searches and seizures,” the court added.
Prosecutors will likely appeal the ruling to the state Supreme Court, but if it stands the misdemeanour charges brought against Kraft and other customers would have to be dropped for lack of evidence. Palm Beach State Attorney Dave Aronberg had no immediate comment on the decision.
Kraft spokesman Ron Berkowitz said in an email that the ruling upholds that the videos “should never have been taken.”
“This ruling protects the constitutional rights and civil liberties of all the men and women who were illegally spied on in this case. More broadly, this ruling will further protect the civil liberties of all Americans, by helping prevent future Fourth Amendment violations like those that occurred in this case,” Berkowitz said.
Felony charges against the Orchids of Asia spa owners and employees might proceed as there is other evidence besides the tapes against them.
Kraft, 79, and others were charged in February 2019 in a multi-county investigation of massage parlours that included the secret installation of video cameras in the spas’ lobbies and rooms. Police say the recordings show Kraft and other men engaging in sex acts with women and paying them.
Police say they twice recorded Kraft, a widower, paying for sex acts at the Orchids of Asia massage parlour. Kraft has pleaded not guilty but issued a public apology.
State deputy solicitor general Jeffrey DeSousa argued that police and prosecutors need the recording to convict the owners of felonies. The owners must be shown receiving payments from the prostitutes and the only way to get that is to install cameras, he said.
He said detectives had to fully record all massages, because the sex acts happened at their conclusion and 95% of male customers received one. While no female customers paid for sex, they were few in number and to not record them could be seen as discriminating against men, he said.
DeSousa said even if the court finds police violated innocent customers’ privacy rights, the Supreme Court has ruled that in most circumstances, only improperly seized evidence should be thrown out. Since Kraft, the other men and the masseuses were engaged in crimes, their recordings should be permitted, he said.
“Given the unique and difficult circumstances confronting these officers, the conspiracy, the logistics of the operation, what they reasonably anticipated they would see and the difficulty of knowing at the start of any given massage will this end with a happy ending or will it not, we think what law enforcement did here was entirely reasonable,” DeSousa said.
If convicted, Kraft would likely receive a fine, community service and other sanctions, but he could also be suspended or otherwise punished by the National Football League.
___
Anderson reported from St. Petersburg, Florida.
ANNIE SPA
7-1001 SANDHURST CIRCLE
SCARBOROUGH ON M1V 1Z6
(437) 818-8896
NEW GIRLS
is new girl in our branch, shy and sweet but also very vocal and needy, she demands your happiness and satisfaction. Slim body, supple soft breasts with long nipples and a toned bum bum will have you intoxicated by Ivy’s good looks
We have 5 hot brown girls today 
Diana - Tanned Spanish beauty with large melons and a fun booty too Wendy- exotic goddess with a gymnasts body and corresponding flexibility CiCi- Exotic beauty with great service and...
TAIWANESE ZOE 
Endless Joy Spa
(155 East Beaver Creek Rd Unit #8, Richmond Hill) 416-731-8565
address: #5-30 Rambler dr Brampton ,Ontario L6W 1E2
️
NEW ORIENTAL SPA
𝐀 𝐒𝐏𝐀
𝗗𝗥𝗘𝗔𝗠 𝗜𝗡𝗡 𝗪𝗘𝗟𝗟𝗡𝗘𝗦𝗦 𝗦𝗣𝗔
𝓗𝓸𝓵𝓲𝓭𝓪𝔂 𝓢𝓹𝓪
𝓕𝓞𝓡𝓔𝓥𝓔𝓡 𝓢𝓟𝓐
TeleGram: @BUMIKAVASHI 
