Yes, according to Public Records Act of Florida
No, according to fair trial rights





The judge today ruled that the video cannot be used by prosecutors. Hallelujah. Today the good guys won as we received confirmation that we do not live in a police state where police can record whatever they want under any flimsy pretense.
https://www.usatoday.com/story/sport...pa/1193905001/



Never seen so much bullshit over two misdemeanors





Agreed. But it was important bullshit, especially given the extraordinary lengths that the police were willing to go to just to catch these misdemeanors. It took a billionaire to challenge these abusive practices and, if the state appeals, to see this through to the higher courts.
https://www.nytimes.com/2019/05/13/s...-patriots.html
“Judge Hanser said in a 26-page ruling that the investigators had reasonable probable cause to request that surveillance cameras be installed in various parts of the Orchids of Asia Day Spa, including in the treatment rooms.
But he said the search warrant was “insufficient” because it did not define parameters of how to protect customers at the spa who were not under suspicion from being videotaped and from violations of their Fourth Amendment rights against unreasonable searches and seizures. The judge also called the video evidence “seriously flawed.”
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The cameras were haphazardly installed, the judge said, and they captured video of people, particularly female clients of the spa, who were not subjects of the investigation. There were no instructions in the search warrant on how to prevent these people from being videotaped.”
“the prosecutor in the case has left open the option of an appeal of Monday’s ruling. “We are reviewing the judge’s order at this point,” Michael B. Edmondson, a spokesman for the Palm Beach County prosecutor’s office, said in an email.”
“The case has brought international attention to the issue of human trafficking and tarnished one of the most powerful owners in sports. It also cast an unflattering light on the N.F.L. regarding the treatment of women. In recent years, the league has been embroiled in a host of domestic violence scandals. Cheerleaders have accused teams of exploiting them. Last year, Jerry Richardson, the former owner of the Carolina Panthers, was fined $2.75 million after an investigation confirmed claims that he sexually harassed employees for year”
“While the case against Mr. Kraft hangs in the balance, he may still be penalized by the N.F.L.’s commissioner, Roger Goodell, who has broad authority to hold players, league executives and owners accountable for conduct he deems detrimental to the league. Those penalties can include fines of up to $500,000 and suspensions, based not just on the legal case against Mr. Kraft but also on the damage he did to the league’s reputation.”





^ It's also important to note that the judge also threw out the traffic stop as it stemmed from the unlawful video surveillance. This case is DOA now.
It sounds like the judge was trying to give at least a partial win to the prosecutors and to the fellow local judge who signed the warrant by claiming that the probable cause was sufficient. If Palm Beach County is foolish enough to appeal the ruling, this could come back into question too. If "sneak and peek" warrants are allowed to be used in this manner for nickel and dime crap like this, then what's next? Hotel room surveillance? Homes, especially as imaging and camera technology continue to advance? Honestly, I very much hope that PBC does appeal this as I would like to see this go federal.





MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP
-Eartha Kitt





To me, this case is about someone finally standing up to police and prosecutor malfeasance when they pursue prostitution arrests under the dubious guise of fighting trafficking.
The chilling part is what happened when police and the prosecutors became the ones under pressure, which I'm sure is uncommon for them. I have no doubt that they are used to quickly scaring people into submission. First the Sheriff in charge of the investigation started spinning melodramatic and utterly bogus stories about these girls for any media outlet that would listen. Then, when that didn't work to bring Kraft to heel, the police and prosecutors threatened to release the video well in advance of a trial, still hoping no doubt to force Kraft to the bargaining table. Finally, when Kraft fought that and the threat was removed by court order, prosecutors made a last minute desperation play by petitioning the court to hold defense lawyers in contempt of court for a question that they were asking the lead detective.
Their arrogance and "the ends justify the means" approach to prosecuting Kraft cannot be overstated. No wonder nobody has challenged these Florida county prosecutors before when they pulled these stunts in the past - they play dirty. Who would dare take them on if he didn't have an unlimited budget and an all star legal team?





Huh.
What about all the people that get (wrongfully) killed by the police?
Other than being sued by survivors, they can't get back what they've lost.
MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP
-Eartha Kitt




https://nypost.com/2019/04/21/why-bo...-alarm-us-all/
"Many are enjoying the whole debacle. Kraft is a very rich man. He’s a friend of President Trump. Who cares if he gets abused by the justice system?
But that’s exactly backward. If this is happening to this rich, prominent man, with access to the best lawyers and p.r., what happens to the rest of us?"
Originally Posted by
I don't know what it is about me that says "wife me up." Everyone wants to choke me or date me. Or both. This job is weird.
Originally Posted by Nocturnelle
... Kittens are assholes but they're just so darn cute.




Originally Posted by
I don't know what it is about me that says "wife me up." Everyone wants to choke me or date me. Or both. This job is weird.
Originally Posted by Nocturnelle
... Kittens are assholes but they're just so darn cute.
I have a hard time believing that but okay.....billions can buy ANYONE..."everybody has a price" and guaranteed that money will penetrate whatever blue wall.
But anyways - despite the police having probable cause, they inevitable bungled the surveillance part of the warrant. I wonder if they had not captured those women nude/people getting the regular massages Or had they tried other 'less invasive' methods - would the outcome of the video as evidence still be the same?
Like if they had sent undercover inside instead of video





Since you asked Whirleeeeeeeeee, and don’t like to click on links
https://www.houstonchronicle.com/new...k-13842488.php
Just inside the front door, two teeth sit in a dried puddle of blood. Embedded in the walls and floor are bullets that were never removed.
In the dining room, a shot-up man’s shirt lies in a heap on the floor, the evidence tag still attached. Blood spatter speckles the walls, sofas and stray boxes. Nearly empty drug baggies clutter the floor.
A four-day independent forensics review at 7815 Harding Street found a cache of evidence left behind by the city’s crime scene teams after a botched drug raid at the home left dead a couple suspected of selling drugs.
Hired by the relatives of Rhogena Nicholas and Dennis Tuttle, the new forensics team found no signs the pair fired shots at police — and plenty of signs that previous investigators overlooked dozens of pieces of potential evidence in what one expert called a “sloppy” investigation.
“It doesn’t appear that they took the basic steps to confirm and collect the physical evidence to know whether police were telling the truth,” said attorney Mike Doyle, who is representing the Nicholas family. “That’s the whole point of forensic scene documentation. That’s the basic check on people just making stuff up.”
Inconsistencies
According to the Houston Police Department’s account, undercover narcotics officers burst in the front door of the Pecan Park home on Jan. 28 and opened fire as soon as a pit bull lunged at them. Hearing the gunshot, Tuttle came running out from the back of the house and started shooting at the officers with a .357 revolver, striking the case agent who’d been the first man through the door.
The wounded lawman fell on the couch near Nicholas, who allegedly made a move for his weapon. A back-up officer opened fire and killed the 58-year-old.
But the shoot-out continued, and in the end, Tuttle and Nicholas were killed and five officers injured — including four who were shot. Police maintain it was not friendly fire.
Though the botched raid was intended to target heroin dealers, authorities said they only turned up 18 grams of marijuana and 1.5 grams of cocaine — user-level amounts. And the first man through the door, case agent Gerald Goines, later retired under investigation amid accusations that he’d lied on the search warrant used to justify the raid.
Houston police, the FBI and the Harris County District Attorney’s Office launched separate investigations into the matter, and prosecutors are exploring the possibility of criminal charges against one or more of the officers involved.
But now, the four-day review by independent forensic expert Mike Maloney, a retired supervisory special agent with the Naval Criminal Investigative Service, is raising additional new questions about the deadly bust.
Though police said they started shooting when the dog lunged as they came through the door, Maloney’s forensics team found that the dog was shot and killed at the edge of the dining room, 15 feet from the front door. Authorities never picked up the shotgun shell when they collected evidence.
And police said that Tuttle started firing at them, but Maloney’s team did not find clear evidence of that.
“The initial bullet trajectories appear to be somewhat contradictory,” said Louisiana-based attorney Chuck Bourque, who is also representing the Nicholas family. “We see no evidence that anybody inside the house was firing toward the door.”
Some of the bullet holes outside the house appeared at least a foot from the door, a fact that Doyle flagged as troubling.
“You can’t see into the house from there,” he said, “you’re firing into the house through a wall.”
The attorneys for the slain couple’s families invited the Texas Rangers and the Harris County Institute of Forensic Sciences to attend the re-investigation, but both declined.
Houston police spokesman Victor Senties declined to comment on the team’s findings, citing the ongoing investigation. Chief Art Acevedo could not be reached Monday for comment.
Uncollected evidence
For three months after the raid, the home sat abandoned, windows boarded up and flowers in the front yard.
When the Tuttle and Nicholas families finally went inside for the first time in mid-April, what they found was a mess. Bullet holes pierced a timer above the stove, and dog food bags, soda cans and clothes littered the house.
But, it appears, it wasn’t until Maloney and his team went in on Friday that anyone systematically went through everything. Maloney’s investigators tested every dark stain and speckle for blood, both human and animal. They dug bullets out of the walls, and measured the holes left behind. They mapped out trajectories, and searched for shrapnel.
“Our goal is through the bloodstain and bullet trajectory testing to be able to tell where everyone was standing when the shots were fired,” he said.
I am also confused again about the privacy expectation
Does this mean one could (in theory) have sex in say a dressing room, a bathroom, etc of a business and not get in trouble? Like the spa, the door is closed so the element of privacy would be there.
Or does this mean 'have oodles of money and your lawyer can get you out of pretty much any legal bind'?










The prosecution may have gotten more than it bargained for, so to speak.
Last edited by slowpoke; 05-15-2019 at 07:01 PM.










IDK.
This whole entire thread lol.
I'm quite sure RK.'s not sitting around scratching his head about us
MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP
-Eartha Kitt










https://www.bostonherald.com/2019/05...l-experts-say/
a judge — chewing out the cops in a stinging 10-page ruling — found that the hundreds of hours of video police had surreptitiously recorded were inadmissible in court because the surveillance indiscriminately caught other men and women coming into the spa for legitimate massages.
Former federal prosecutor Cynthia Alksne said cops should have known better to take “minimization” actions — making sure the surveillance only caught criminal activity and didn’t infringe on law-abiding people’s privacy.
Both sides are due back in court Friday for a status hearing.





I have a hard time believing that place was legit, but ok..
If you call your place/service massage & you're not licensed, that's illegal
'Grasping @ straws' comes to mind![]()
MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP
-Eartha Kitt
^ I mentioned that before also. That regardless of the rich dude allegedly getting serviced then getting off in court - the fact still remains they were allegedly operating an adult business in the midst of normal businesses.
From what I understand businesses catch a lot of heat from laws when they do that - especially in conservative Bible Belt areas like many parts of Florida.
The average parent does not wants to take little Suzy to ballet classes next to the local “spa” where “adult activities” are going down
Also I believe I read somewhere that the yelp reviews were low cause people reported the workers were bad at regular massages lol and women who tried to make appointments were turned down while men got instantly booked. So I am surprised there were women there because the probable cause was heavy foot traffic from men at all hours even after most businesses in the center had closed for the day. But they probably accepted “regular” spa treatment clientele to make things look legit.
Im not sure if spa owners will get hit with any charges like operating adult oriented business without such a license to do so or improper zoning
Meanwhile Krafts team is still pushing to keep the footage of him getting allegedly serviced in the Asian spa from the Florida public archives
https://profootballtalk.nbcsports.co...he-public-eye/
I do wonder how much the happy ending (pun intended lol) from his legal team has costed so far.
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