Search warrant states ‘sneak and peek’ necessary at Jupiter spa

WEST PALM BEACH, Fla. — Jupiter police released documents Thursday detailing reasons the agency requested a “sneak and peek” search warrant that allowed them to set up surveillance cameras covertly inside the Orchids of Asia Day Spa.

That comes a day after attorneys for New England Patriots owner Robert Kraft, one of 25 men arrested for allegedly soliciting prostitution at the spa, attacked the investigation. They claim police used a “NSA-style surveillance campaign” while conducting an illegal search and violating their client’s privacy.

The attorneys want a judge to throw out evidence collected by Jupiter police, which authorities say includes video of Kraft, 77, paying for and receiving sexual acts at the day spa on Jan. 19 and 20.

In the search warrant unsealed and released Thursday, Jupiter police say a “sneak and peek” warrant was necessary for an effective investigation of the prostitution they suspected was taking place at Orchids of Asia.

Using undercover officers or informants to get evidence was impractical because it would have caused that person to “commit a crime to further the investigation,” according to the warrant. And interviewing past or present employees at the spa was unlikely to be useful because those women, mostly from China, fear “status issues and/or loss of income.”

The warrant states that while police had probable cause to believe prostitution was taking place inside the spa, proving the felony charge of deriving support from prostitution required officers to “directly observe the said act … ” Without “assistance of covert, visual, non-audio surveillance,” police would not have the “necessary element” to gain a felony conviction.

Hua Zhang, owner of Orchids of Asia, and Lei Wang, who managed the day spa, are each charged with deriving support from prostitution. Zhang, of Winter Garden, and Wang, of Hobe Sound, have both been released from the Palm Beach County Jail and are on house arrest.

Circuit Court Judge Howard Coates signed the warrant Jan. 15.

“Sneak and peek” warrants should be reserved for the most serious law enforcement investigations, Kraft’s attorneys argued in a court motion filed this week, and historically have been. Such tactics are typically used by federal authorities in cases investigating drug trafficking, terrorism and large-scale counterfeit money schemes, the motion states.

“Law enforcement in this case had no authority whatsoever for something as drastic as ‘sneak and peek’ video surveillance, much less continuous, unbounded video surveillance of naked patrons in private licensed massage parlors,” the motion reads.

Authorities say the investigation into the Jupiter spa began after city police were tipped off by the Martin County sheriff’s office. Scores of men have been arrested in the multicounty sting that officials have said was connecting to human trafficking.

No human-trafficking arrests have yet been made and Jupiter’s search warrant, which runs 11 pages, does not mention the term.

Kraft, facing two counts of soliciting prostitution, has rejected a deal offered by the Palm Beach County state attorney’s office to the 25 men originally charged in connection with the Jupiter investigation. The deal would drop charges if the men pay a $5,000 fine and court costs, perform 100 hours of community service, admit they would be found guilty at trial and complete other requirements.

Three men have accepted the offer, which becomes void after Friday.