Judge grants motion to suppress video evidence in Robert Kraft spa case
flagooner
Everything written by this member is a fact.
WTF
https://www.google.com/amp/s/www.wcvb.co…
Why won't they let cops do their jobs? How are they ever going to put a dent in Human Sex Trafficking?
https://www.google.com/amp/s/www.wcvb.co…
Why won't they let cops do their jobs? How are they ever going to put a dent in Human Sex Trafficking?
90 comments
It's different justice for the rich and influential.
There is no expectation of privacy in such surveillance recordings when a crime is expected. The Patriot Act expanded law enforcement rights when it comes to covert operations and surveillance.
Furthermore, illicit activity was recorded....
This was a huge win for all of us.
I still can’t understand why he went to what looked like a sleazy AMP for a couple of blowjobs. I suppose in the rarified air of his social circle young chicks for a guy in his 80’s is verboten.
It looks like a case of sex between consenting adults, even if it involved the exchange of money. Of course nearly every consenting sexual contact involves the exchange of value for both parties-- hopefully both enjoy the sex, sometimes one party also gets indirect economic and emotional benefits (a place to live, an expensive meal, an allowance, promises of undying love). In other words, even in a fully consenting relationships, lots of valuables are exchanged, even when it is not a straight forward pay for play arrangement.
I'm perfectly happy that the police tactics are being reviewed and limited. What a waste of taxpayer money! I'd like to protect individual rights from police state abuse, including the right for consenting adults to have sex, even if money (or other valuables) is exchanged in the process.
There was evidence of human trafficking.......women living in the club and one came forward saying she was promised a job at a nail shop and then forced to work as a prostitute.
Prostitution isn't about sex. Its legally about unlawful employment.
If the evidence of trafficking was so strong, why did it take 8 months of surveillance focused on the Johns rather than on the people who were allegedly coercing workers? Why were none of the alleged victims rescued during the 8 months investigation. Why did this investigation not yield a single trafficking arrest?
Human trafficking is wrong, but the focus should be on holding those who are the traffickers (via physical, economic threats) accountable for their crimes and rescuing the victims. The focus should not be on the often unwitting customers who happen to do business at a place where an employee is trafficked. As an example, sometimes restaurant employees are trafficked. Are you going to arrest unsuspecting customers who eat at the restaurant? Will customers need to interview all of the employees before eating at a restaurant to insure that none of them are trafficked. My point is that trafficking is vile and those responsible should be held accountable---- but the focus on the often unsuspecting customers, is wrong and probably a violation of their civil rights. That's why I support this decision and think that law enforcement seriously over reached.
What kind of strawman argument is that. Those customers aren't doing anything illegal.
1. A monger got off. Woo hoo. The P4P laws are dumb and this is great news.
2. I'm going to try to be cool and claim to hate cops.
Fucking idiots.
Big picture. The guy was breaking a law and it can't be prosecuted because of some BS argument that wouldn't hold up if presented by a public defender. Imagine it being some serious law where the rich/celebs/democrats get off because of who they are.
You just proved my point.
The answer is that they weren't seriously worried about trafficking. This was all about catching guys and gals exchanging money for handies and blow jobs.
The only reason that Florida LE was able to get away with using invasive surveillance to catch nickel and dime consensual p4p sex for this long is because nobody had the will or the wherewithal to challenge this tactic. Indeed, there have been other lawyers who have wanted to challenge this before, but there clients all jumped on the diversion program offers. Where the Jupiter police fucked up here is by publicly celebrating catching Kraft, which took away any motivation he might have had to roll over quietly.
Once again, police do not have the inalienable right to catch someone in any crime whatsoever. Their investigative rights are balanced against our constitutional protection against unreasonable search and seizure. "Sneak and peek" warrants are extremely invasive and were never intended to be used for nickel and dime crap like this. If we let this stand, then what's next? Ongoing hotel room surveillance? Enhanced surveillance of homes, especially as imaging and camera technology continue to improve? If the police don't have limits, then eventually we will live in a police state. We should all be celebrating this as a win for our basic freedoms.
@Rickdugan There was evidence, foreign women in the country illegally living in the brothel, forced to work 7 days a week, etc and one woman came forward and admitted she was offered a job at a nail salon and found herself forced into prostitution. The police acted in full accordance with the law. A "sneak and peak" warrant allows for the police to engage in covert actions without having to go through the process of getting a warrant beforehand. The Patriot Act expands these rights. Its not about civil rights, its only valid when there is suspicion of a crime. I'm not sure where your head is at if you believe that running an illegal brothel and employing illegal alien hookers you lock up in said brothel, isn't a crime.
@JamesSD The media can still get it but it'll be harder to get. I hope it does get out there .....
This is 100% about civil rights, including where the line is drawn on how far the police can go to catch things like misdemeanor sex acts.
It isn't about civil rights. Engaging in nor soliciting illegal labor are civil rights.
Post one article that indicates that there was evidence found that the girls were forced to work or being held against their will.
https://www.nytimes.com/2019/02/23/us/ro…
https://www.apnews.com/2cc030fb01f7484ab…
Facts are though
Its an illegal massage parlor operating as an illegal brothel
Women had their passports confiscated and were living there
They were prostituting themselves to pay off debts to human traffickers who helped them enter the country illegally.
The charges against Kraft aren't "engaging in prostitution" they're solicitation charges. So the dismissed evidence isn't necessarily needed to prove a case against him.
Facts are though
Its an illegal massage parlor operating as an illegal brothel
Women had their passports confiscated and were living there
They were prostituting themselves to pay off debts to human traffickers who helped them enter the country illegally.
The charges against Kraft aren't "engaging in prostitution" they're solicitation charges. So the dismissed evidence isn't necessarily needed to prove a case against him.
As a reminder, law enforcement can charge anyone with any crime (and unfortunately, splash the arrests all over the media, thus ruining the reputation of some people who might be found to be innocent), but you need evidence to get a conviction. Where is the evidence and the conviction in this case?
Flag and 25-- the restaurant example is called reasoning by analogy, sometimes called casuistry. The point is how does the restaurant example (a clear example!) differ from the spa example. How would a customer know if an employee was being trafficked, either at a sleazy spa, a legitimate massage business or even at a restaurant. Also recall, that not everyone working at a spa (even sleazy spas) is trafficked and not every customer seeks out pay for play services at a spa (yep, some provide legitimate massage services).
The focus should be on those who engage in trafficking and law enforcement should be very cautious about violating civil rights.
Says who? Certainly not the prosecutors.
Agree 100% 25. Most people would have caved in to the police overreach and prosecutorial abuse and threats a long time ago, simply for fear of additional publicity and lack of ability to finance a defense that they could avoid through diversion. Indeed, the antics pulled by the prosecution in this case are chilling, including publicly threatening to release the video in order to pressure Kraft to settle and even going after his lawyers when it looked like they were going to win.
So let's be thankful that Kraft was netted and has the means and will to fight these abuses. I'll bet that the 14 other guys who have latched on to his coat tails are very grateful right now, as no doubt are the women who have been jailed and had their bank accounts seized. In fact, we should all be grateful as this has far reaching consequences for all of us.
"Kraft “laid face up on the massage table” and was hugged again by the woman. She then “manipulated Kraft’s penis and testicles and then put her head down by his penis” for a period of several minutes. The woman then used a towel to wipe Kraft in the area of his genitals. Thereafter she helped Kraft dress and hugged him once again. Kraft then paid her a $100 bill, and another bill, and left the room at 11:13 am. Kraft then walked to the parking lot and entered the passenger side of a blue Bentley waiting for him.
This narrative also asserts that Kraft had entered the spa a day earlier and “was positively identified by a Massachusetts driver’s license.”"
https://www.si.com/nfl/2019/02/25/robert…
Rickdugan , actually they did say that.....so did the women who testified. The argument against human trafficking was basically "well they didn't try to escape when they could have tried"...Prosecution didn't want to use some of the victims/witnesses after they admitted to not trying to escape.... The case is a farce in every way. Its simply about Kraft and his money's influence.
Nobody testified about anything - there hasn't even been a trial yet, just pre-trial motions.
In one of the pre-trial hearings, Assistant State Attorney for Palm Beach County Greg Kidos said, point blank: "“We’ve vetted this case, we’ve done our due diligence, there is no human trafficking that arises out of this investigation.”
The chilling part is what happened when police and the prosecutors became the ones under pressure, which I'm sure is uncommon for them. 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. Then, when Kraft fought that and that threat was taken away from them by court order, prosecutors made a last minute desperation play by formally asking 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 challenged them before - who would dare?
Who could go against this machine if he didn't have an unlimited budget and an all star legal team?
I think the prosecutors aren't being tough enough. They should be like pitbulls going for the jugular. That's how cases are won....on behalf of the people.
There is a bigger picture.
The video was thrown out because the "Jupiter police detectives and the judge who issued the search warrant allowing the secret installation of cameras at the spa did not do enough to minimize the invasion of privacy of customers who only received legal massages."
That's bullshit. Customers who only received legal massages probably don't care. Also, would it have been an invasion of their privacy if it was a regular security camera that got the footage?
Now get outside your narrow "my whole world revolves around sex work" mentality. If this was a dry cleaner with a meth lab in the back would you agree it should be inadmissable if legitimate customers were found on surveillance video entering the shop?
The innocent customers aren't being hassled or outed or anything of the sort.
"^ Why am I conflated with what flag said..."
Because you've been sending me PMs asking me to push certain arguments.
[Copied and pasted from previous comment above] -- Once again, police do not have the inalienable right to catch someone in any crime whatsoever. Their investigative rights are balanced against our constitutional protection against unreasonable search and seizure. "Sneak and peek" warrants are extremely invasive and were never intended to be used for nickel and dime crap like this. If we let this stand, then what's next? Ongoing hotel room surveillance? Enhanced surveillance of homes, especially as imaging and camera technology continue to improve? If the police don't have limits, then eventually we will live in a police state. We should all be celebrating this as a win for our basic freedoms. [End of regurgitation]
And oh yeah, the innocent people definitely do care. I guess you haven't heard, but there is a class action lawsuit by a group of them to stop release of the tape:
https://www.palmbeachpost.com/news/20190…
*** "First they came..." ***
First they came for the socialists, and I did not speak out—
Because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—
Because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
"Sneak and peek" warrants are perfectly legal ..... they basically just allow covert surveillance when probable cause exists.
The soliciting is the least of it. The racketeering, money laundering and profiting from prostitution charges against the club are very serious.
"Just because you oppose p4p does not mean that you should support any and all means of prosecuting it. We should all want our government to play within the rules, regardless of whether you are impacted or not."
I'm not against P4P at all. If they are 2 consenting adults I wouldn't want to stand in their way of having fun at nobody else's expense. I think, as most on here do, that the laws on this are silly.
That being said, it is the law and we need to follow it or get it changed or pay the consequences if we don't follow it.
And yes, the cops need to follow the rules too. But this supposed breach of privacy is extremely subjective and complete BS. My argument is that overly restrictive regulations on the police prevent them from doing their jobs and too often allow dangerous offenders to skate. Granted, in ghis case there don't appear to be any dangerous offenders, but that's why I say big picture. Extrapolated to fit broader circumstances.
It is a balancing act, but I think the fulcrum is misaligned in such a way to benefit the criminals too much.
Also, if you don't think the power of the accused doesn't impact the rulings/verdicts you are naive.
Think OJ, Hillary, Robert Blake, ...
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Can anyone explain how that was violated in this case?
The judge apparently issued a 10-page ruling. I couldn't find full text online but this article publishes excerpts: https://www.bostonglobe.com/metro/2019/0…
Then they skate. The alternative is to allow police to abuse their power at will, which is bad for all of us.
Look at this case. How many man hours did they invest in catching a handful of guys getting blowjobs, including CSI techs running DNA analysis on dirty towels from the garbage? How many innocent people did they record nude just to catch those who participated in consensual sex acts? They even faked a bomb scare just to put those cameras in.
What's next, S.W.A.T. teams to pull over speeders? Air support to catch pot smokers in the states that still prohibit it?
When sodomy laws were still in effect, should we have been conducting video surveillance of gay guys' homes so that we could catch them in the act of fucking each other in the ass? After all, if those two guys were kissing in public and then entering a bedroom together, we'd have ample probable cause, no? Oh wait, there's that pesky 4th Amendment to contend with...lol.
Not only does LE have rules to follow, which they very clearly broke in this instance (read the ruling), but beyond that there is a concept of proportionality of resource expenditure that, for some reason, just didn't hold in this case. Police have limited resources and, as a practical matter, having them divert so much of them to catching a handful of consenting adults exchanging money for sex is not something we should encourage.
If you agreed with it I'm sure you could give a 2 sentence explanation.
Too many fucking libtards sitting on the bench.
C'mon Rick. You aren't so stupid to think that there are only extremes.
This isn't about sex.
The guys solicited and engaged in prostitution.
Your 4th Amendment rights are forfeited when there's probable cause.
You've said this twice and you were wrong both times. Just look at the judges ruling. We don't completely lose all of our 4th amendment rights, or any of our other rights, just because a warrant is issued. The "reasonable" part of "unreasonable search and seizure" still applies.
This case is a joke coz of Kraft's money.
txtittyfag: Malicious/harassment troll profile.
IceyLoco: Undercover malicious/harassment troll profile.
48Cowboy: Comedic troll profile.
Kept surveilling innocent people?
Where do you get that?
Conservatives are liberal for supporting a business' right to be unlicensed and engage in racketeering, money laundering and profiting off of illegal business.
Liberals are conservative fucking ideologues for claiming such businesses should be punished to the fullest extent of the law
The solicitation charges against Kraft et al are secondary and the least of it
It's all good when it's about a P4P rub and tug, but not so much when it comes to more serious crimes.
And gee...maybe these women didn't feel like cooperating because they sort of liked being in the United States instead of some third-world shithole.
And it sounds like somebody lied to the judge to get the warrant, because they admitted that there is no evidence of human trafficking!
The really sad part of this sordid mess is that without Kraft's involvement, which meant an unlimited defense fund, the cops would probably have gotten away with their lies and baldfaced unconstitutional behavior. If it takes a billionaire to get justice in America, something is broken.”