“It Wasn’t Me”: Can You Be Charged for Drugs Found in the Back of the Cop Car?

By: John Guidry

Sometimes, criminals can be smart. Consider the illegal ivory trade. National Geographic tracked fake tusks moving through African forests by hand, 12 miles a day, strictly avoiding roads to evade detection. American criminals? Not so much. Americans can’t get enough of their cars. They stuff contraband everywhere, which is why so many cases arise from simple traffic stops. And if the drugs aren’t found in the citizen’s car, they are often found in the back seat of the patrol car.

The “Introduction of Contraband” Trap: If you are arrested, you face a dilemma.

• The Search: Police do a quick pat-down at the scene, but the real search happens at the jail (strip search/body scan).
• The Crime: Bringing drugs into the jail is a Felony (Introduction of Contraband).
• The Solution: Most arrestees try to dump their stash in the back of the cruiser before they get to the station.

The Problem: How can an officer prove you left the drugs there, and not the guy arrested before you?

Did the police find drugs in the cruiser and blame you?

They need more than a “clean car” log. Call John today at (407) 423-1117.

The Case: R.C.R. v. State (The 5-Day Gap)

This question was posed to the appellate court in R.C.R. v. State, 40 F.L.W. D1882 (4th DCA 2015).

• The Facts: R.C.R. (a juvenile) was arrested, cuffed, and thrown in the back. He thrashed around and was eventually removed.
• The Discovery: Later, the officer found a baggie of cocaine wedged between the seat and the door.
• The Officer’s Testimony: She swore she checked the car at the start of her shift and that no one else had been in the back seat for five days. (Yikes—talk about low arrest numbers).

The Defense: We argued Constructive Possession. Since the drugs weren’t in R.C.R.’s pocket, the State had to prove:

1. Knowledge: That he knew the drugs were there.
2. Control: That he had dominion and control over them.

The Ruling: Hidden = Not Yours

The Appellate Court overturned the conviction. Why? Because the drugs were hidden.

• The “Plain View” Rule: If drugs are sitting openly on the seat next to you, the law presumes you know they are there.
• The R.C.R. Reality: The photo showed the baggie was wedged between the seat and door, only visible when the door was open.
• The Result: Because it was hidden, the State could not prove R.C.R. knew it was there. Without fingerprints or a confession, the “5-Day Clean Car” testimony wasn’t enough to convict.

My Cynical Prediction: After this ruling, expect police reports to miraculously change. Officers will stop writing “I found it wedged in the seat” and start writing “The defendant admitted to dropping it” or “It was in plain view.” Call me cynical, but I know how the game is played.

John’s 2026 Update: The Camera Sees All

Note: In 2015, R.C.R. won because there was no video of him dropping the bag. In 2026, the car is watching you.

1. The Backseat Camera Trap In 2026, almost every patrol car has a high-definition, wide-angle camera pointed at the back seat.

• The “Furtive Movement” Evidence: We often see video of the client shifting their hips, reaching into their waistband with cuffed hands, and making a “stuffing” motion into the seat.
• The Defense: If the video shows you moving, the R.C.R. defense is dead. However, if the video shows you sitting still, and they still blame you for drugs found later, the video becomes your best evidence of innocence.

2. Touch DNA Verification In R.C.R., the State didn’t bother with forensics. Today, if the charge is serious (like Trafficking or Fentanyl), they will swab the baggie for Touch DNA.

• The Reality: If your DNA is on the baggie found in the cruiser, the “Clean Car” log is irrelevant. You touched it.

3. The “Unrecorded Confession” is Still a Problem Despite technology, I still see reports from certain counties (looking at you, Osceola) where officers claim the defendant “confessed” during the drive, yet the audio recording was “malfunctioning.”

• The Strategy: We file a Motion to Suppress based on the lack of corroboration. If every other part of the arrest is recorded except the confession, juries are getting smarter about doubting the officer’s word.

Don’t Try to Outsmart the Search

Dumping drugs in a police car is a high-risk gamble. If you are arrested, remember that the back seat is not a private trash can—it is an evidence locker with a camera.

Call me at (407) 423-1117. Let’s pull the dashcam footage.

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.