Well first, you’ll note that the video is NOT being released, at least for now, and I would predict not until the judge rules on the constitutional issue. Without doing a bunch of research on Florida law, however, I can’t say much more. Florida obviously has some pretty liberal “right to know” or “sunshine laws.” Why don’t you google those and then google cases that cite them and you can get a pretty good idea of what’s discoverable in FL by nosy folks. I have a hard time believing that tape will ever see the light of day if it’s ruled inadmissible but I am not a FL attorney nor a criminal attorney. By the same token Kraft has an uphill battle to suppress a tape that was obtained through a warrant, although there are certainly colorable arguments either that the cops exaggerated the circumstances to obtain the warrant, or “searched” in excess of what was allowed. Now the prosecutors appear to have done something underhanded- agreed in Kraft’s case not to release the tape until a ruling by the judge, then announced only days later that they “have to” release it in a related case. Not a good look for them; and now they have a complication that I wondered about earlier in this thread - what about folks who really were there just for a massage who are now on tape? That is a horrible invasion of their privacy. I’d be suing for damages too. And what do you do with those tapes? There is absolutely no justification for releasing those under any circumstances and if the cops were smart (which they are proving they are NOT) they would have immediately erased any tapes of folks who did not engage in criminal activity. That doesn’t get them off the hook for watching ordinary folks undress however.
Legally it’s actually a very interesting case.