Robert Kraft and 24 other “Johns,” men or women who request and pay for sex, scored a major victory yesterday in a Palm Beach County Court. Judge Leonard Hasner agreed with Kraft’s attorneys that the search warrant violated the Fourth Amendment of the United States Constitution as well as Florida law.
The Fourth Amendment states:
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.
Search warrants are considered to be an invasion of privacy, and therefore, a criminal offense such as a felony is the courts expectations in allowing a warrant to be issued. Such criminal offenses that would allow for a search warrant include RICO, money laundering, murder, treason, terrorism, and so forth. Human trafficking is another criminal activity that would allow for such a search warrant.
Judge Hasner was correct in his opinion that the warrant was not valid for prostitution solicitation. However, the warrant was issued for human trafficking which would allow for such a warrant. But now, a state attorney says there is no case for human trafficking. Either there was a lack of evidence for a human trafficking case, there never was a case, or quite possibly, the state attorney was holding out on the case based upon waiting for the results of the current case.
It remains to be seen if the case against Kraft will be dismissed or if the charges will increase. Will the state attorney argue exigent circumstances to an Appeals Judge? The case against the owner of the New England Patriots could be over very soon or could drag on for awhile. The lack of video evidence is damaging, but Kraft’s apology could prevent dropping the case. Either way, I am going to agree with Matt Ford that this case is highlights the reforms needed in the criminal justice system . . . the very system NFL, soccer and NBA athletes like Eric Reid, Colin Kaepernick, Mary Rapinoe, Dwayne Wade, LeBron James, Malcolm Jenkins, and others have protested to change.
Source: ABC News