Friday, March 8, 2019

PATRIOT Act warrant misused in FL sex sting

Sneak-and-Peek Warrant for Hidden Cameras at Florida Massage Parlors Faces Scrutiny - Hit & Run : Reason.com - Elizabeth Nolan Brown:

March 4, 2019 - "A central component of the recent investigation into Chinese massage-parlor sex was the secret installation of hidden cameras at the Orchids of Asia Day Spa in Jupiter, Florida. Now defense attorneys are challenging the legality of this move. Permission for such surveillance stems from a provision of the PATRIOT Act that was passed with promises only to use the power against possible terrorists....

"In this case, police secretly filmed massage rooms in January 2019.... Caught on camera getting a massage and maybe more were New England Patriots owner Robert Kraft and dozens of other men, who now face misdemeanor charges for allegedly soliciting prostitution. Workers and managers at the businesses were also arrested and stand accused of prostitution and racketeering.

"Police were able to secretly install the surveillance cameras thanks to a sneak-and-peek warrant. Such warrants were sold after 9/11 as a way to stop terrorism, but in practice they've mainly been used in investigations of drug crimes.

"Of the more than 11,000 such warrants issued in 2013, for instance, only 50 were related to terrorism; 9,401 were parts of drug investigations. In 2011, 5,093 of 6,775 requests for sneak-and-peek warrants were related to drug cases; just 31 were related to terrorism.....

"Now they're being used to stop prostitution under the guise of busting up international slavery rings.... [J]ust as local cops and federal authorities have used anti-terrorism tools to prosecute potheads, they've been keen on attacking all prostitution (a misdemeanor crime under local laws throughout most of the U.S.) as 'human trafficking,' a federal crime. Police in Palm Beach and Jupiter counties have been trotting out that claim this time too, although no sex trafficking or forced labor charges have been filed.

"As with so much of this case, that claim looks strange in light of the fact that the authorities spent months visiting and watching these businesses but not rescuing the women that they now say they suspect are trafficking victims....

"Several folks quoted by the Sun-Sentinel suggest that this case represents an unprecedented use of sneak-and-peek warrants — but that's not true even within Palm Beach County. As the same paper noted in 2014, Palm Beach authorities ran a similar massage-parlor sting operation back in 2007. They used a sneak-and-peek warrant to install cameras and catch sex acts on video back then, too. In that case, one massage parlor worker was arrested for prostitution and 25 men were arrested for solicitation of prostitution."

Read more: http://reason.com/blog/2019/03/04/sneak-and-peek-warrant-for-florida-sting
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