Earlier this week, the A.S.A. prosecuting the Orchids of Asia Day Spa charges offered special pleas to all the johns who were charged with misdemeanor solicitation: If they admit that they would have been found guilty at trial, then the A.S.A. would drop all the charges. Kraft also would have been required to serve 100 hours of community service, take an STD screening, and take a class on the dangers of soliciting sex.
This is despite the fact that police have a video of Robert Kraft being serviced by one of the women employed by the spa. In other words, the prosecution has him dead to rights and yet they’re still offering him a deal that essentially exonerates him and Robert Kraft is rejecting that deal. Prosecutors claim that this is the same type of deal that they offer others who are first-time offenders and have no criminal record.
This may seem surprising on the surface, but, chances are, Kraft and his legal team know exactly what they’re doing. They’re hoping that the judge tosses the evidence on the basis that the ‘sneak and peek’ warrant is deemed inadmissible.
Fruit of the Poisonous Tree
In legal terms, this is known as the fruit of the poisonous tree. If police conduct a search that the judge rules was illegal or unwarranted, then any evidence that they discovered using that search cannot be admitted during trial. Thus far, Kraft has pleaded not guilty to two misdemeanor counts of solicitation, but if the evidence of him on video is found admissible, then the prosecution will have all the evidence they need to convict him. It is fairly obvious that Kraft is banking on that evidence being tossed and walking away without even having to admit wrongdoing.
The subject of the search is whether or not ‘sneak and peek’ warrants can be used in this case. While ‘sneak and peek’ warrants can be used in cases other than terrorism, they were made legal under the Patriot Act. Typically, sneak and peek warrants are used to justify other bench warrants by conducting covert surveillance. Nonetheless, they are authorized only for the purpose of removing threats that pose a clear, present, and immediate danger to the public. They are also only authorized for use in federal trials.
While the police officers investigating the case, used the term “human trafficking” to describe what was happening at the Orchids of Asia Day Spa, not one single person involved with the case has been charged with human trafficking thus far. In fact, no one has been charged with a federal crime at this point.
If police are allowed to get away with using sneak and peek warrants for a prostitution bust, it would represent an unprecedented expansion of the surveillance powers allowed under the Patriot Act.
Talk to a West Palm Beach Criminal Defense Attorney
The West Palm Beach Criminal Defense Attorney at the Skier Law Firm P.A. represent those charged with crimes in the West Palm Beach area. Give us a call and we can discuss your options.