{"id":1925,"date":"2019-03-29T12:44:37","date_gmt":"2019-03-29T16:44:37","guid":{"rendered":"https:\/\/www.delsignoredefense.com\/blog\/?p=1925"},"modified":"2019-07-10T12:37:03","modified_gmt":"2019-07-10T16:37:03","slug":"motion-to-suppress-in-robert-kraft-case-challenges-whether-the-search-was-lawful-under-the-4th-amendment","status":"publish","type":"post","link":"https:\/\/www.delsignoredefense.com\/blog\/motion-to-suppress-in-robert-kraft-case-challenges-whether-the-search-was-lawful-under-the-4th-amendment\/","title":{"rendered":"Motion to Suppress in Robert Kraft case challenges whether the search was lawful under the 4th Amendment"},"content":{"rendered":"

Robert Kraft\u2019s lawyer filed a motion to suppress challenging how the police obtained the video evidence against Kraft and the basis of the traffic stop where Kraft\u2019s identity was learned.\u00a0 In Kraft\u2019s case, the motion to suppress is essentially the entire case assuming the video depicts what the police claim it shows.\u00a0 This is true in many types of criminal cases like, gun crimes, drug offenses and crimes like possession of child pornography where the legal issues in the cases determine whether the case is dismissed or resolved by plea.<\/p>\n

In this Blog, I will look at the motion to suppress that has been field.\u00a0 The motion challenges the basis of the warrant.<\/p>\n

Kraft’s best defense is to challenge the Warrant authorizing the search and hidden cameras.<\/strong><\/p>\n

How were Jupiter PD officers able to obtain video footage of the act?\u00a0 Hidden cameras were used to catch Kraft and others on video via delayed-notice search warrants.\u00a0 According to CNBC<\/a>, these \u201csneak-and-peak\u201d warrants allowed the Jupiter PD to secretly install cameras inside of a private business to monitor illegal activity. Delayed-notice warrants have been used in the United States since the 1970\u2019s, and were formalized under \u00a7213 of The USA Patriot Act<\/a>.\u00a0 In a typical warrant situation, law enforcement will give immediate notice that the warrant is being executed.\u00a0 A delayed-notice warrant allows law enforcement, with a judge\u2019s explicit permission, the ability to execute the warrant without notifying the subject of the search for a limited period of time.\u00a0 Most importantly, the underlying reason behind granting a delayed-notice warrant, thus waiving the immediate notification requirement, is to prevent the following: danger to life or safety of an individual, flight from prosecution, destruction of or tampering with evidence, intimidation of witnesses, or other serious jeopardy to an investigation.<\/p>\n

Jupiter PD and prosecutors cite that the case is and was a human-trafficking investigation, however none of the affidavits that have been released describe trafficking occurring at the Orchids of Asia Day Spa.\u00a0 The Motion to Suppress argues that the police made misrepresentation in order to obtain the warrant about what was occurring in the Spa.<\/p>\n

An additional issue is the basis to stop Kraft after he was leaving the spa.\u00a0 The prosecution would have to argue that they were monitoring the camera and saw what occurred prior to the stop.\u00a0 If the camera was being monitored, the prosecution would argue that they had probable cause based on the video from the camera to make a motor vehicle stop based on reasonable suspicion that Kraft committed criminal activity.\u00a0 If the police were not contemporaneously monitoring the camera, but stopping everyone that left to obtain their names, that would have violated the 4th Amendment as there would not have been reasonable suspicion at the time of the stop.<\/p>\n

DOES THE MOTION TO SUPPRESS MEAN THE CASE WILL NOT BE RESOLVED.<\/strong><\/p>\n

On March 18, 2019 the Palm Beach County State Attorney\u2019s Office offered Kraft, along with the 24 other men who were charged, a diversion plea.\u00a0 Pretrial Diversion Programs with no formal admission required but a requirement that Kraft admit that he would have been found guilty at trial. \u00a0Typically, pretrial diversion programs do not require an admission of guilt. \u00a0In this case, given Kraft has no record the State should be offering a diversion without an admission or an outright dismissal of the case. \u00a0A prosecutor has a duty to ensure that police comply with the law. \u00a0The prosecutor should have serious issues with the police conduct in the case and do the right things and offer a dismissal of the case. \u00a0As a practical matter, the public embarrassment is a more stringent penalty than any court imposed penalty.<\/p>\n

The NFL Potential Repercussions<\/strong><\/p>\n

On top of his potential criminal liability, everyone in the NFL, including owners, are subject to the NFL\u2019s personal conduct policy.\u00a0 According to ESPN, the policy covers “conduct by anyone in the league that is illegal, violent, dangerous, or irresponsible, puts innocent victims at risk, damages the reputation of others in the game, and undercuts public respect and support for the NFL,” per its text. Owners and club or league management are held to higher standards under the policy and are “subject to more significant discipline when violations … occur.” League owners have previously faced large fines and suspensions for admissions of guilt relating to substance related charges, and the Patriots themselves have suffered fines, loss of draft picks, and suspensions for spying and \u201cDeflategate.\u201d<\/p>\n

Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Robert Kraft\u2019s lawyer filed a motion to suppress challenging how the police obtained the video evidence against Kraft and the basis of the traffic stop where Kraft\u2019s identity was learned.\u00a0 In Kraft\u2019s case, the motion to suppress is essentially the entire case assuming the video depicts what the police claim it shows.\u00a0 This is true […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-1925","post","type-post","status-publish","format-standard","hentry","category-criminal-trials"],"yoast_head":"\nMotion to Suppress in Robert Kraft case challenges whether the search was lawful under the 4th Amendment — Massachusetts Criminal Defense Lawyer Blog — March 29, 2019<\/title>\n<meta name=\"description\" content=\"Robert Kraft\u2019s lawyer filed a motion to suppress challenging how the police 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