“Blinded by the Light”: When a Cop Car’s Spotlight Turns a Conversation into an Illegal Seizure

By: John Guidry

Time and time again, Florida courts remind law enforcement that their interactions with citizens must be “constitutional.” Even the most common police activity can violate your rights. Most folks focus on “Search” rules, but police conduct that amounts to an illegal “Seizure” is just as unconstitutional.

The Scenario: You are a hard-working citizen. You are parked on a residential street at night, minding your own business. Suddenly, a police car pulls up. The officer turns on his overhead emergency lights and shines a blinding spotlight into your face.

• The Question: Are you free to leave?
• The Cop’s Answer: “Yes, it’s just a consensual encounter.”
• The Reality: Try driving away and see what happens. (Spoiler: You get arrested for Fleeing and Eluding).

Did the police block your car in and shine a light in your face?

That is a seizure. If they didn’t have a reason, the drugs they found are inadmissible. Call John today at (407) 423-1117.

The Case: Smith v. State (The 2:30 AM Parked Car)

Here is a real-life example. In Smith v. State, 87 So. 3d 84 (Fla. 4th DCA 2012), the defendant was convicted of possession of cocaine and cannabis.

• The Facts: Smith was chilling in his car, legally parked on a residential street at 2:30 AM. Lights off.
• The “Stop”: A deputy pulled in front of the SUV, activated his emergency lights, and shined his spotlight inside.
• The Arrest: The officer approached, smelled marijuana, saw a joint in the ashtray, and arrested Smith.

The Trial Court’s Mistake: The Judge denied Smith’s motion to suppress, reasoning that Smith “could have simply left if he felt like it.” Really? The Judge believed that a reasonable person would feel free to drive off while a cop car was blocking them with lights flashing?

The Ruling: “Strains the Bounds of Reason”

The Appeals Court overturned the conviction. They ruled that Smith had been illegally seized the moment the officer activated the emergency lights and spotlight.

• The “Free to Leave” Test: A person is seized if a “reasonable person would not feel free to disregard the police and go about his business.”
• The Conclusion: No sane person drives away from a cop with flashing lights. Therefore, Smith was detained.
• The Problem: The officer admitted he had no suspicion of a crime before he turned on the lights (he was just curious). Since the seizure happened before he smelled the weed, the seizure was illegal, and the drugs were fruit of the poisonous tree.

“It strains the bounds of reason to conclude that… a reasonable person would believe that he or she was free to end the encounter… It would be dangerous and irresponsible to advise Florida citizens that they should feel free to simply ignore the officers… under such circumstances.”

John’s 2026 Update: LED Lights & The Hemp Defense

Note: In 2012, Smith lost because of the smell. In 2026, the smell wouldn’t even matter.

1. The “Odor” is No Longer Probable Cause In Smith, the officer justified the search because he “smelled cannabis” after the stop.

• The 2026 Reality: Because Hemp is legal and smells exactly like marijuana, Florida courts have ruled that the odor alone is not Probable Cause for a search.
• The Defense: Even if the stop was legal, we argue the search was unconstitutional because the officer couldn’t distinguish between legal Hemp and illegal Cannabis with his nose.

2. Blinding LED Technology In 2012, police spotlights were bright. In 2026, they are blinding military-grade LEDs.

• The Argument: We use this to reinforce the Smith ruling. When an officer blasts 5,000 lumens into your windshield, you are physically blinded. You cannot drive away safely. This makes the “Consensual Encounter” argument even more ridiculous today than it was in 2012.

3. The “Community Caretaking” Excuse Police now try to get around Smith by claiming they were doing a “Welfare Check” (Community Caretaking).

• The Strategy: They say, “I turned on my lights to see if he was having a medical emergency.”
• The Counter: We pull the Body Cam audio. If the first thing the officer says is “Let me see your ID” (investigation) rather than “Are you okay?” (caretaking), we prove the welfare check was a lie and suppress the evidence.

Don’t Drive Away, But Don’t Consent

If you are blocked in by lights, you are seized. Do not try to drive off—you will get hurt or arrested. Instead, stay put, hand over your ID if demanded, but never consent to a search. Let me argue in court that you were trapped unlawfully.

Call me at (407) 423-1117. Let’s dim the lights on their case.

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.