In a major victory for Kraft, Judge Leonard Hanser ruled that Jupiter Police didn't follow proper procedure to install spy cams inside the Orchids of Asia Day Spa, which Kraft was allegedly caught visiting twice in January.
Prosecutors at a hearing last month said Kraft, 77, could not have expected privacy at the parlor because it was a business establishment.
He and other defendants pleaded not guilty to misdemeanor charges stemming from the footage and other surveillance methods. Hanser also ruled detectives can not testify about what they saw on the video or when they stopped Kraft.
"The fact that some totally innocent women and men had their entire lawful time spent in a massage room fully recorded and viewed intermittently by a detective-monitor is unacceptable", Hanser wrote. Prosecutors did not immediately respond to emails seeking comment, but they are likely to appeal. Police stopped the auto to confirm the identity of the person they captured on video at the parlor minutes earlier, Hanser wrote.
Prosecutors argued that the warrant was aimed at stopping a felony-level prostitution operation and legally obtained.
Kraft was one of nearly 300 men who were charged in February with paying for sex acts following police busts at 10 massage parlors that stretched from the Palm Beach area to Orlando. Neither Kraft nor the 24 other men charged in the county were specifically targeted. His team then won the Super Bowl in Atlanta, the Patriots' sixth National Football League championship under his ownership.