“It’s For My Safety”: Why the Back of a Police Car is Not an Automatic Search Zone

By: John Guidry

Here in Orlando, drug possession cases rack up as we sleep, similar to the scrolling numbers of our national debt.

The majority of these cases are born out of a search conducted by police.

• The Assumption: Most people believe that once you are in police custody—for any reason—you have zero rights.
• The Reality: There is a huge difference between being “Arrested” for a crime and being “Transported” for safety.

An interesting case came out of the Second District Court of Appeal regarding the extent to which a citizen (specifically a juvenile) can be searched before being placed in a patrol car.

Did the police search your child just because they were giving them a ride home?

That search might be illegal. Call John today at (407) 423-1117.

The Case: A.B.S. v. State (The Runaway Search)

In A.B.S. v. State, 51 So. 3d 1181 (Fla. 2d DCA 2010), a juvenile was stopped by police who believed he was a runaway.

• The Action: They handcuffed him to transport him home (or to a safe harbor). This was a “status offense” (being a runaway), not a crime.
• The Search: Before putting him in the car, the officer searched his pockets.
• The Discovery: The officer found a small aluminum screw-top container attached to his keys. He shook it, suspected pills, opened it, and found drugs.
• The Arrest: A.B.S. was charged with Possession of a Controlled Substance.

The Ruling: No Crime = No Full Search

The trial court upheld the search, but the Appeals Court overturned the conviction.

Why? Because “Officer Safety” is not a blank check.

1. Custody $\neq$ Arrest

Taking a juvenile into custody to return them home is not a criminal arrest. Therefore, the “Search Incident to Arrest” exception (which allows a full search) does not apply.

2. Pat-Down vs. Search

The officer has the right to conduct a Pat-Down for weapons to ensure safety during transport.

• The Violation: A small pill container is not a weapon. By taking the container and opening it, the officer went beyond looking for guns and started looking for evidence.
• The Court’s Words:“The officer did not have a legal basis to search A.B.S.’s person… the officer had no indication that A.B.S. was in possession of either a weapon or contraband.”

The Lesson: A police car is not a constitutionally sacred space that requires a full strip-search prior to entry. If you aren’t under arrest for a crime, they can check for knives, but they can’t check for pills.

John’s 2026 Update: The “Vape” Excuse & Touch DNA

Note: In 2010, the officer shook a pill bottle. In 2026, they claim they are looking for lithium batteries.

1. The “Vape Pen / Lithium Battery” Excuse

In 2026, police department policies prohibit Lithium-Ion Batteries (Vapes) in the back of patrol cars due to fire risk.

• The Trap: Officers use this “Safety Policy” to demand you empty your pockets of all electronics. Once the vape is in plain view, they look at the cartridge.
• The Defense: If they verify it’s a vape but then proceed to unscrew it or test the residue without probable cause, we argue they exceeded the scope of the “Safety Search,” citing A.B.S..

2. The “Hemp” Defense for Juveniles

If the officer finds a vape pen or a leafy substance during a runaway transport:

• The 2026 Reality: It is likely Legal Hemp (Delta-8).
• The Strategy: We argue that possession of a vape pen by a minor is a civil infraction (tobacco/nicotine), not a reason to arrest and search the device for THC. Without a lab test proving it’s illegal Delta-9, the search is unjustified.

3. Touch DNA on the Container

If the officer does find a container and claims you dropped it (abandonment), the A.B.S. protection vanishes.

• The Tech: They will swab the container for Touch DNA to prove you held it.
• The Counter: We argue that finding a container on the floorboard of a patrol car (which transports dozens of criminals a week) is useless evidence unless the video shows you dropping it.

Your Pockets Are Private

Just because you are in the back of the car doesn’t mean you lost your 4th Amendment rights. If the police opened a closed container without a warrant and without a criminal arrest, we can suppress the evidence.

Call me at (407) 423-1117. Let’s check the dash cam.

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.