“It Fell Off a Truck”: Why Buying Stolen Goods Isn’t Always “Dealing” in Stolen Property

By: John Guidry

Everything is for sale these days. Just check Craigslist. Here in Orlando, we have one of the most active “used goods” communities in the country. As you might expect, stolen items often make their way into these listings.

• The Question: What happens if you buy such an item?
• The Charge: Prosecutors love to charge Dealing in Stolen Property (a 2nd Degree Felony) rather than simple Theft, because it carries a much harsher sentence (up to 15 years).

But is buying a stolen Xbox the same as “Dealing” in it? According to the courts, No.

Did you get arrested for buying something that turned out to be stolen?

Intent matters. Call John today at (407) 423-1117.

The Case: Canady v. State (The Undercover Xbox)

Lucky for you, I have an example case ready to go: Canady v. State, 2011 WL 3903095 (Fla. 4th DCA 2011).

The Sting: The Fort Lauderdale Police Department set up an undercover operation to catch fences (dealers of stolen goods).

• The Setup: A detective dressed in disheveled clothing to pass as a drug addict. He carried a brand new Xbox 360 and a car radio in a tattered garbage bag.
• The Deal: Canady, trying to help a brother out, bought both items for $60, plus another $40 in crack cocaine. (No good deed goes unpunished).

The Conviction: Canady was convicted of Delivery of Cocaine and Dealing in Stolen Property. He received a prison sentence.

• The State’s Theory: Because the price was so low ($60 for a new Xbox), Canady must have known it was stolen. Therefore, buying it constituted “dealing.”

The Ruling: Buying for Personal Use is Not “Dealing”

The Fourth District Court of Appeal overturned the Dealing in Stolen Property conviction.

• The Logic: The State proved Canady bought the items. They proved he possessed them. But they failed to prove he intended to sell them.“Simply proving that an individual purchased stolen property is insufficient to support a conviction for dealing in stolen property, which requires proof of a subsequent actual sale or the intent to sell later.”

The Lesson: If you buy a stolen item to play video games in your living room, you might be guilty of Petit Theft or Possession of Stolen Property, but you are NOT a Dealer. To be a Dealer, you must be part of the distribution chain—the “Fence.”

John’s 2026 Update: The “Reseller” Trap & Digital Tracking

Note: In 2011, Canady bought an Xbox in person. In 2026, most “dealing” happens on the phone.

1. The “Reseller” Trap The Canady defense works great if you bought the item for yourself. But what if you are a “Reseller” or “Flipper”?

• The Danger: If your social media profile says “I Buy and Sell Sneakers” or “DM for Deals,” the State uses that against you.
• The Argument: If you buy a stolen iPhone on OfferUp and you have a history of flipping phones, the State argues your “Intent to Sell” is implied by your business model. You lose the Canady defense because you are professional, not personal.

2. Dealing by Internet (Fla. Stat. 812.0195) Florida updated its laws to target online sales specifically.

• The Law: It is a separate crime to use the internet to sell property you “have reasonable cause to believe” is stolen.
• The 2026 Sting: Police now post “bait” items (like high-end tools or electronics) on Facebook Marketplace at suspiciously low prices. If you message them, “I’ll take it, no questions asked,” they charge you with Endeavoring to Traffic in Stolen Property.

3. AirTags and “Find My” Evidence In Canady, the items were just in a bag. Today, stolen items track themselves.

• The Scenario: You buy a bike for $50. Two hours later, police knock on your door because an AirTag led them to you.
• The Defense: Possessing the tracked item isn’t enough to prove you knew it was stolen. We argue you were an innocent purchaser (Bona Fide Purchaser for Value). However, if the item was in “Lost Mode” and pinging your phone, that ignorance defense falls apart.

Buyer Beware

If the deal is too good to be true (like a PS6 for $100), it’s probably stolen. If you buy it, you are risking arrest. But if you bought it to use it, not to sell it, let me fight the “Dealing” charge.

Call me at (407) 423-1117. Let’s prove it was for personal use.

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.