“Do As I Say”: When Disobeying a Cop Becomes a Crime (and When It Doesn’t)

By: John Guidry

Nobody likes to be bossed around, but plenty of people enjoy being bossy. Most of these bossy folks work for the government. The good thing about bossy people is that you usually don’t have to listen to them.

• Your Boss: You might get fired.
• Your Doctor: You might get sick.
• The Police: You might go to Jail.

It is a tad odd that a kid fresh out of the police academy can order you around—and if you don’t listen, you commit a crime. Technically, this disobedience is called Resisting an Officer Without Violence. The Problem: I’ve seen this charge used simply because a citizen didn’t respond fast enough.

• Didn’t hang up the phone fast enough? Resisting.
• Didn’t exit the car fast enough? Resisting.
• Didn’t feel like sticking around for a “voluntary” chat? Resisting.

Did the police charge you with “Resisting” just because you walked away?

Flight is not always a crime. Call John today at (407) 423-1117.

The Case: Perez v. State (The “Knock and Talk” Gone Wrong)

In Perez v. State, 138 So. 3d 1098 (1st DCA 2014), the police tried to conduct a “Knock and Talk” at a house they suspected might contain stolen goods.

• The Scenario: As the cops rolled up, Perez and another guy headed out the back door.
• The Chase: The cops ran toward them. Perez stopped in the yard; the other guy jumped the fence.
• The Charge: Perez was found guilty of Resisting Without Violence for failing to stop running immediately when the officers approached.

The Question: Was this really a crime? The Answer: No.

The Ruling: Flight Alone Is Not Enough

The Appeals Court overturned Perez’s conviction. Why? Because avoiding the police is not illegal unless they have a lawful reason to detain you and you know it.

• The Law (F.S. 843.02): To be guilty, the officer must be engaged in the execution of a legal duty, and the defendant must know the officer intends to detain him.
• The “Implied” Command: In Perez, the officers implied they wanted him to stop, but there was no clear command.

The Golden Rule:

“Flight, standing alone, is insufficient to form the basis of a resisting without violence charge.”

If the police don’t have “Reasonable Suspicion” to stop you before you run, running away doesn’t retroactively give them a reason to arrest you.

Winning Examples: “I Didn’t Hear You”

Florida courts have a long history of overturning these bogus charges. Here are a few examples cited in Perez:

1. Running from Unmarked Cars (Clark v. State): The conviction was thrown out because the defendant ran from unmarked cars, and the officer never told him to stop.
2. The “Silent” Command (O.B. v. State): Conviction overturned because there was no evidence the defendant heard the order to stop.
3. Pre-Emptive Flight (S.B. v. State): Conviction overturned where the defendant fled upon seeing the officers, but before they issued any command.

The Losing Example (State v. Garcia): Conversely, if the police jump out wearing “SHERIFF” vests and screaming “STOP!”, and you keep running, that is a crime. You cannot claim ignorance when the command is loud and clear.

John’s 2026 Update: Body Cams & The “Audio” Defense

Note: In 2014, it was the officer’s word against yours regarding the command. In 2026, the Body Cam is the judge.

1. The “Mute Button” Defense In 2026, almost every encounter is recorded.

• The Strategy: We pull the Body Cam Audio. If the officer claims he yelled “STOP POLICE,” but the audio is silent or muffled by wind/traffic, we use O.B. v. State to argue you never heard the command.
• The Reality: If the audio proves he didn’t say it, the “Resisting” charge falls apart instantly.

2. Vehicle vs. Foot Flight (The 2025 Reform) Be very careful distinguishing between running and driving.

• On Foot: Running is a Misdemeanor (Resisting Without Violence).
• In a Car: Under the new 2025 Laws (HB 113), fleeing in a vehicle is always a Felony, even if you drive slowly. The “Flight” defense in Perez rarely works for drivers anymore because the “Blue Lights” are considered a universal command to stop.

3. “De-Escalation” Violations Modern police policies require officers to clearly identify themselves.

• The Defense: If an officer in tactical gear jumps out of an unmarked van without identifying himself (a “Jump Out” squad), we argue Self-Defense. You have a right to run from an unidentified armed threat, and Perez supports that right.

Don’t Let Them Bully You

Just because they have a badge doesn’t mean they can demand your attention without a legal reason. If you were arrested for walking away, you might have been exercising your rights, not committing a crime.

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