“Red Means Cocaine”: How the Supreme Court Turned Probation Officers into Chemists

By: John Guidry

“Know the rules well, so you can break them effectively.” — Dalai Lama XIV

Every country on Earth has criminal rules, and they all sound remarkably similar. We Americans enjoy a “presumption of innocence.” Interestingly, Article 37 of the Constitution of Iran also states that “Innocence is to be presumed.” Do they mean the same thing? Trust me, you would rather be presumed innocent in Florida than in Tehran. But lately, American courts are chipping away at our rights, creeping toward interpretations that feel less like Miami and more like a police state.

To demonstrate this slow erosion, let’s review the Florida Supreme Court case of Florida v. Queior, 191 So. 3d 388 (Fla. 2016).

Is your Probation Officer playing scientist with your freedom?

Don’t let junk science send you to prison. Call John today at (407) 423-1117.

The Setup: “Relaxed” Rules in VOP Hearings

Violation of Probation (VOP) hearings are a “relaxed” legal event. By “relaxed,” I mean you have about the same chance of being convicted as you would in a kangaroo court.

• The Hearsay Rule: In a criminal trial, Hearsay (gossip) is banned. In a VOP hearing, Hearsay is tolerated, BUT it cannot be the sole basis for the conviction. The State needs at least one piece of “Non-Hearsay” evidence to lock you up.

The Problem: Most VOPs come from “Dirty Urine.”

• The Test: A Probation Officer (PO) dips a stick into a cup. If it turns Red, the box says “Cocaine.”
• The Logic: Previously, courts agreed that a PO testifying about the color change was Hearsay. Why? Because the PO isn’t a chemist. They are just reading the side of the box (like Sister Mary reading a textbook). They don’t know why it turned red; they only know what the box told them.

The Case: Queior v. State (The Magic Trick)

In Queior, the defendant tested positive for opiates via a field test.

• The 2nd DCA (The Good Ruling): The lower court overturned the violation. They ruled that the PO’s testimony was Hearsay because he lacked scientific knowledge. Heaping lab reports on top didn’t cure the fact that the PO was just reading a label.“The prosecution incorrectly equates the probation officer’s expertise in performing a field test with scientific testimony about how the test works.”

The Supreme Court Reversal (The Bad Ruling): The State appealed to the Florida Supreme Court, and they won.

• The Ruling: The Supreme Court held that the PO’s testimony is Non-Hearsay.
• The Reasoning: They decided that because the PO had “training and experience” (i.e., had dipped the stick 1,000 times), he was qualified to testify that the test result was positive.

The Result: The Court effectively transformed a non-expert reading a box into “Direct Evidence.” Now, a PO can send you to prison based on a chemical reaction they don’t understand, and we are told to accept it as “scientific proof.”

John’s 2026 Update: The “Black Box” Algorithm

Note: In 2016, we argued about color charts on a bottle. In 2026, we argue about proprietary algorithms.

1. The “Smart Patch” Revolution In 2026, the Queior ruling has been weaponized for wearable tech.

• The Tech: Probationers now wear Continuous Alcohol & Drug Monitoring (CAM) patches. These patches analyze sweat every 30 minutes and upload data to the Cloud.
• The Violation: The PO receives a notification on their iPad: “Subject 4592: Positive for Methamphetamine.”

2. The “Non-Hearsay” iPad When we challenge this in court, the State cites Queior.

• The Argument: They argue the PO is “experienced” in using the iPad app. Therefore, the PO testifying that “The app says he used drugs” is Non-Hearsay.
• The Reality: The PO has absolutely no idea how the patch works, how the algorithm distinguishes meth from sweat contaminants, or if the sensor is calibrated. They are just reading a screen. But thanks to Queior, that screen is now “Direct Evidence.”

3. Fighting the Algorithm Since we can’t question the PO’s scientific knowledge (the Court says it doesn’t matter), we now have to subpoena the Source Code.

• The Strategy: We argue that the software itself is the accuser. If the State can’t produce the calibration logs for the specific patch you were wearing, we argue the evidence is unreliable junk science.

Demand Real Science

If the State wants to take away your freedom, they should have to do more than read the side of a box or look at an iPad. Even in a “relaxed” VOP hearing, facts should matter.

Call me at (407) 423-1117. Let’s challenge the test.

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.