On Tuesday, Florida Assistant Attorney General Jeffrey DeSousa petitioned the Fourth District Court of Appeals for West Palm Beach, Florida, to overturn that decision and upheld the search warrant.
"These cases began when police working in several Florida counties learned that there was rampant prostitution in local massage parlors and, in response to that disclosure, the police did exactly what the law requires. They went out and obtained a court order. "DeSousa told the three-judge panel.
"But lower courts have now suppressed all of the video evidence against each of these defendants, jeopardizing the state's efforts to prosecute the crimes of prostitution, charges of organized crime and human trafficking, and a number of crimes. minors targeting members of our community who sponsored these illicit businesses and therefore created demand for them, "he argued.
Kraft team argues it deletes video
Kraft's defense attorney Derek Schaffer focused his argument on the lack of "minimization" and said that the police did not do enough to minimize the extent of surveillance they were conducting at the day spa.
"You have a total failure to do something that anyone would recognize as a minimizer when it comes to recording. These cameras that were put in private massage rooms for clients would undress, of course, they recorded everything without interruption for five days in a row," he argued. Schaffer on behalf of Kraft.
"In all of these cases, the attempt to reverse the state is the specter of the police state. One where the police can inject the most invasive forms of surveillance into the most sensitive and private settings to investigate the most mundane crimes," argued Schaffer.
The panel did not fail today, and the court was adjourned until next week.
"I am really sorry," Kraft said in a statement. "I know that I have hurt and disappointed my family, my close friends, my coworkers, our fans, and many others who legitimately keep me on a higher level."
CNN's Eric Levenson and Emanuella Grinberg contributed to this report.