Criminal law -- Search and seizure -- Video surveillance -- Warrant requirements -- Minimization -- Defendant recorded on video surveillance authorized by search warrant while engaging in illegal sexual activity in massage room of commercial spa. Discussion of Fourth Amendment issues related to surreptitious video surveillance. Motion to suppress all evidence obtained against defendant through and in connection with search warrant is granted where search warrant was not sufficiently precise so as to minimize the recording of activities not related to the crimes under investigation, and minimization techniques were not sufficiently employed. Failing to consider and include instructions on minimizing the impact on women clients of the spa through a highly intrusive law enforcement technique in a setting with a high legitimate expectation of privacy was a serious flaw in the search warrant, especially considering that search warrant did not allege that women were seeking illegal contact. Omission of any minimization techniques or directives as to how monitors should respond when viewing male clients receiving lawful services or male clients when no probable cause can be established was also a serious flaw in search warrant. Minimization techniques employed by law enforcement did not satisfy constitutional requirements.
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