“Disturbing the Peace” vs. “Committing a Crime”: Why You Can Walk Away from a Vague 911 Call

By: John Guidry

As a criminal defense attorney, I solve problems. Dig deeper into most legal problems, and you’ll find addiction or mental health issues. The question I often ask is: Do you want to get better, or do you want to feel better?

• Feeling Better: This is short-term. Police arrest you, the “disturbance” stops, and the neighbors feel better.
• Getting Better: This takes work. It means solving the underlying issue so the police don’t come back.

The Setup: Most of our Resisting an Officer and Domestic Violence cases begin with a vague call to 911.

• The Caller: Sees a “disturbance” (yelling, arguing) but doesn’t know if a crime is happening.
• The Police: Arrive ready to arrest someone, even if they don’t know what for.

Did the police detain you just because you were “acting irate”?

Being angry is not a crime. Call John today at (407) 423-1117.

The Case: Brown v. State (The Walking “Suspect”)

In Brown v. State, 2020 Fla. App. LEXIS 9420 (Fla. 2d DCA 2020), the police responded to a motel “disturbance.”

• The Scene: They saw Brown (who matched the description) walking away.
• The Encounter: Brown was irate. He yelled profanities. He clenched his fists. And most importantly, he kept walking away.
• The Arrest: Officers ordered him to stop. He refused. They tased him. A struggle ensued, and an elbow landed on a cop.
• The Sentence: Brown was convicted of Resisting an Officer and Battery on a Law Enforcement Officer (LEO). He got 5 Years in Prison.

The Ruling: A “Disturbance” is Not a Crime

The Appeals Court overturned the convictions. To convict for Resisting, the officer must be in the “lawful execution of a legal duty.”

• Consensual Encounter: In America, you are free to walk away from a cop unless they have “Reasonable Suspicion” of a crime.
• The Flaw: Investigating a “disturbance” is a community caretaking function, but a disturbance is not a crime.
  • The Court’s Words: “Standing alone, the information… did not provide them with reasonable suspicion to detain Brown because the call did not indicate that the ‘disturbance’ had involved any criminal activity.”

The Result:

1. Resisting Charge: Dismissed. Since the stop was illegal, Brown had every right to walk away.
2. Battery on LEO: Reduced to Misdemeanor Battery. Because the officer was acting illegally (stopping a citizen without cause), the “Law Enforcement Officer” enhancement didn’t apply.

John’s 2026 Update: The “Baker Act” Pivot

Note: In 2020, Brown won because the police had no criminal suspicion. In 2026, police use “Mental Health” to bypass that requirement.

1. The “Baker Act” Loophole Since Brown made it hard to stop people for just “yelling,” police in 2026 now pivot immediately to the Baker Act.

• The Tactic: If you are yelling and clenching fists, they say, “He appears to be a danger to himself or others due to a mental health crisis.”
• The Trap: Taking you into custody for a mental health exam is a “lawful duty.” If you resist this detention, the Resisting charge sticks, even if you committed no crime. They essentially criminalize your “irate” behavior by labeling it “crazy.”

2. AI Sentiment Analysis of 911 Calls In Brown, the dispatch call was vague.

• The 2026 Tech: 911 centers now use AI Sentiment Analysis on calls.
• The Impact: If the caller sounds panicked, the AI flags the call as “High Threat/Violent.” Police use this AI flag in court to argue they did have reasonable suspicion of violence, even if the caller never saw a weapon. We have to subpoena the AI logs to prove the computer was wrong.

3. “Pre-Assault Indicators” (Body Cam Analytics) Prosecutors now use software to analyze Body Cam footage of your body language.

• The Argument: They argue that your “clenched fists” and “swaying” (which the court in Brown said were fine) are actually “Pre-Assault Indicators” that justify an immediate takedown for officer safety. We fight this “junk science” by arguing that being angry at an illegal stop is a Constitutional right, not a pre-assault indicator.

Don’t Get Trapped by the “Disturbance”

Police are community caretakers, but they aren’t kings. They can’t stop you just because you are loud. If they crossed the line from “checking on you” to “illegally detaining you,” we can fight back.

Call me at (407) 423-1117. Let’s solve the problem.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.