“The Drunk Bum Decoy”: When the Police Break the Law to Catch You

By: John Guidry

Here in Orlando, it’s common to see the government break the law. They do it all the time, especially in drug trafficking and “Sale and Delivery” cases.

• The Justification: “The ends justify the means.” They argue they must break the law to catch would-be criminals.
• The Method: The classic “Set-Up.” Police set up a drug deal (Conspiracy), bring the drugs (Trafficking), and lie about their identity (Fraud).

So, just how far can the police go? At the risk of throwing around too many big legal words, the line the police often cross is called Entrapment. Today, I want to discuss one of my favorite cases: Cruz v. State, 465 So. 2d 516 (Fla. 1985).

Did the police talk you into committing a crime you never planned to do?

You may have been entrapped. Call John today at (407) 423-1117.

The Case: Cruz v. State (The $150 Temptation)

In Cruz, the Tampa Police Department decided to catch thieves by creating a thief’s paradise.

• The Decoy: An officer posed as a “drunk bum,” smelling of alcohol and pretending to drink from a wine bottle. He slumped against a building, appearing passed out.
• The Bait: In plain view, he had $150 cash sticking out of his rear pants pocket.
• The Incident: Cruz walked by. Fifteen minutes later, he returned. Seeing the “vulnerable” man, he took the money without harming him.
• The Arrest: Officers immediately arrested Cruz for Grand Theft.

The Ruling: “Police Should Not Create Criminals” The Florida Supreme Court overturned Cruz’s conviction. They ruled this was Entrapment because the police methods created a “substantial risk that such an offense will be committed by persons other than those who are ready to commit it.”

• The Logic: A professional thief doesn’t need a passed-out victim with money hanging out of his pocket. By creating such an irresistible temptation, the police lured an otherwise innocent person (or at least, a non-predisposed person) into committing a crime of opportunity.

The Law Today: Subjective vs. Objective

Cruz established the Objective Entrapment test (focusing on police misconduct). However, the Florida Legislature didn’t like that defendants were winning, so they passed Florida Statute 777.201 to make it harder.

Today, we deal with two types of Entrapment:

1. Subjective Entrapment: The burden is on YOU to prove you were not “predisposed” to commit the crime. If you have a prior record for theft, the State argues you were ready to steal anyway, so the “drunk bum” didn’t trick you; he just gave you an opportunity.
2. Objective Entrapment (Due Process): Even if you are a “criminal,” if the police conduct is so egregious that it violates the Florida Constitution (like manufacturing their own crack cocaine to sell near a school), the case can still be dismissed.

John’s 2026 Update: AI Honeypots & Digital Bait

Note: In 1985, the decoy was a human on a street corner. In 2026, the decoy is a chatbot in your DMs.

1. “Algorithmic Entrapment” (AI Chatbots) Police now use AI-driven personas to police the internet.

• The Scenario: You are in a chat room. A user messages you, relentlessly asking you to buy illegal software, drugs, or worse. You say “no” five times. On the sixth time, you agree.
• The Defense: We argue Subjective Entrapment. The AI was programmed to be hyper-persuasive, overcoming your initial refusal. If we can show the AI “groomed” you into the crime, we can dismiss the charges.

2. The “Porch Pirate” Bait Box Police departments now leave Amazon boxes on random porches with GPS trackers inside.

• The 2026 Twist: Unlike Cruz, where the money was hanging out of a pocket, these boxes look like normal mail.
• The Law: This is NOT usually considered entrapment because stealing mail requires “predisposition.” However, if the box is placed in the middle of the sidewalk (abandoned property) rather than on a porch, we can use the Cruz argument: You made the temptation too great for a normal person to ignore.

3. Digital Predisposition In Cruz, they didn’t know his history. In 2026, the State uses your Search History to prove Predisposition.

• The Danger: If you claim Entrapment (“I never would have bought those drugs!”), the prosecutor will pull your Google searches from three years ago looking up “Oxycodone prices.” They use your data to prove you were “ready and willing” long before the police contacted you.

Don’t Take the Bait

Whether it is a drunk bum with cash or a persistent user in a Telegram chat, if it feels like a setup, it probably is. If you took the bait, let me check if the police crossed the line.

Call me at (407) 423-1117. Let’s analyze the sting.

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.