“Confess or Everyone Goes to Jail”: Why The Police Ultimatum is Often Illegal

By: John Guidry

Traffic stops are never fun, and here in Orlando, we seem to have a few more stops than the rest of the state. As might be expected, these stops get worse when drugs are found in the car.

• The Scenario: An officer finds a baggie under the passenger seat.
• The Question: “Whose drugs are these?”
• The Threat: “If nobody owns up to this, I’m taking both of you to jail.”

Cops get excited when they smell a conviction, but when their questioning crosses the line into Interrogation, the answers can be thrown out of court. Such was the case in England v. State, 46 So. 3d 127 (Fla. 4th DCA 2010).

Did the police force a confession out of you by threatening your friends?

That confession might be inadmissible. Call John today at (407) 423-1117.

The Case: England v. State

Defendant England was a passenger in a car during a traffic stop.

• The Search: The driver gave consent to search, and cannabis was found.
• The Ultimatum: The officer demanded that if someone did not admit to owning the drugs, they would both be arrested.
• The Result: England confessed to owning the weed and was convicted.

The Appeal: England argued that his confession was illegal because he wasn’t read his Miranda Rights before the officer cornered him. The Ruling: The Court agreed. The conviction was OVERTURNED.

When Must Miranda Be Read?

The Court analyzed four factors to determine if a roadside chat has turned into a “Custodial Interrogation” requiring Miranda:

1. Manner of Police Questioning: Was it aggressive or conversational?
2. Place and Purpose: Was it a general investigation or a targeted interrogation?
3. Confronting with Evidence: Did the officer say, “We found the drugs, explain this”?
4. Free to Leave: Was the suspect told they could go?

Why England Won: The Court found that England was (1) Not told he was free to leave and (2) Confronted with evidence of a crime.

• The Key: When an officer says, “Confess or go to jail,” a reasonable person would believe their freedom has been curtailed. At that moment, you are “in custody.” If they don’t read you your rights before that ultimatum, your answer is inadmissible.

John’s 2026 Update: The “Constructive Possession” Trap

Note: In 2010, England was fighting over marijuana. In 2026, if that baggie contains Fentanyl, you aren’t facing a misdemeanor—you are facing a 15-year Minimum Mandatory sentence.

1. The “Joint Possession” Bluff Police use the “Everyone goes to jail” threat because they know proving Constructive Possession is hard.

• The Law: To convict a passenger of drugs found in a car, the State must prove you knew it was there and had control over it.
• The Reality: If you stay silent, they might arrest everyone (the bluff), but the charges often get dropped later because they can’t prove who owned it. If you speak up to “save” your friend, you just convicted yourself.

2. Body Cams & The “Spontaneous Utterance” In 2026, everything is recorded.

• The Risk: Police are trained to delay asking questions. They hold up the baggie and wait for you to blurt out, “That’s not mine!” or “I didn’t know he had that!”
• The Trap: If you speak before they ask a question, it is a “Spontaneous Utterance” and is admissible even without Miranda. The “Ultimatum” in England was a direct question, which is why it was illegal. Silence is the only way to win.

3. “Investigative Detention” Officers now classify these stops as “Investigative Detentions” rather than arrests to avoid reading Miranda.

• The Defense: We use England to argue that a detention becomes an arrest the moment they threaten jail. If they threatened you without a warning, we suppress the statement.

Don’t Fall for the Bluff

If an officer threatens to arrest the whole car, let them. It is far better to be arrested and have the case dismissed later than to confess and serve a prison sentence.

Call me at (407) 423-1117. Let’s suppress that confession.

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.