A Florida appeals court upheld a lower court ruling Wednesday tossing video footage and said police violated the rights of New England Patriots owner Robert Kraft when they secretly video recorded him at the Orchids of Asia Day Spa in Jupiter, Florida.

“This type of intrusive, covert video surveillance is subject to heightened standards and procedures designed to implement Fourth Amendment protections, particularly in the face of the constantly expanding use of electronic surveillance techniques by law enforcement,” wrote Cory Ciklin, chief judge of the Florida Fourth District Court of Appeal.

Kraft has pled not guilty to two misdemeanor prostitution charges stemming from the incident in 2019.