The “Good Samaritan” Trap: Why Turning in Drugs Can Get You Arrested

By: John Guidry

True confession: I “secretly” hope that you read these articles and say, “Hey, John knows all about my situation, I’m going to hire him.” The opposite is also true: Why write an article that might hurt business? Well, I’m in a generous mood.

Here’s the situation: Every criminal defense attorney has received the “Panicked Mom” call.

• “My son is on probation. His officer just called to say he is coming to search our home. I searched his room first and found drugs. What should I do?”

Moms being moms, they want to be the Good Samaritan and hand over the drugs to the police when they arrive to show cooperation. Bad idea.

Did you find drugs or illegal items in your home belonging to someone else?

Do not walk into a police station with them. Call John today at (407) 423-1117.

The Case: Stanton v. State (The Snitch Who Got Burned)

That is exactly what happened in the real-life case of Stanton v. State, 746 So. 2d 1229 (Fla. 3d DCA 1999).

• The Facts: Stanton was a recovering addict. His former dealer gave him a free sample of cocaine to try to hook him again.
• The Good Deed: Stanton took the cocaine—not to use it, but to turn it over to the police and get the dealer arrested. He walked up to a cop, handed him the drugs, and identified the dealer.

The Result:

• Stanton was arrested for Felony Possession of Cocaine.
• He went to jail. He paid bond. He hired a lawyer. He was convicted.
• He had to appeal his case to the Third District Court of Appeal before he was finally exonerated.

After what Stanton went through, why would anyone turn drugs over to the police?

The Lawyer’s Ethical Dilemma

Getting back to our caller: Mom is panicked.

• Option A: She keeps the drugs. If probation finds them, she (or the son) gets arrested for possession.
• Option B: She hands them to the police. As Stanton proves, she can be arrested for possession because she physically held the drugs.

What about Option C? (Destroying them) Here is where it gets tricky. Florida law (Stanton) actually says that “no crime is committed where a person takes temporary control of contraband in order to make a legal disposition of it by throwing it away, destroying it, or giving it to police.”

However, I cannot tell Mom to destroy the drugs. Why? Because legal ethics rules prohibit a lawyer from advising a client to destroy evidence if a proceeding (like a police search) is foreseeable.

• I can tell her the law.
• I can tell her Stanton says destruction is a defense.
• But I cannot say, “Go flush it.”

I can only tell her the truth: If she is found with the drugs, she will be arrested. If she hands them over, she will be arrested. Hopefully, Mom can figure out the rest on her own.

The Trash Can Warning (Robinson v. State)

If Mom decides to solve this herself, she needs to be careful about how she does it. In Robinson v. State, 57 So. 3d 278 (Fla. 4th DCA 2011), the defendant took drugs from his house and put them in a trash can outside.

• The Ruling: The court upheld his conviction.
• Why? They reasoned that putting drugs in a trash can isn’t “destroying” them—it could just be a hiding spot or a drop-off for a buyer.
• The Lesson: If you are going to use the Stanton defense, the disposal must be permanent (like a toilet), not retrievable (like a trash can).

John’s 2026 Update: Fentanyl and Forensics

Note: In 1999, Stanton touched cocaine and lived. In 2026, touching the evidence might kill you.

1. The Fentanyl Danger If you find a bag of white powder in your son’s room in 2026, DO NOT TOUCH IT.

• Health Risk: Fentanyl is transdermal and airborne. Moms have overdosed just by cleaning up their kids’ rooms.
• Legal Risk: Fentanyl laws are weight-based. A single sugar packet’s worth can trigger a 25-year Minimum Mandatory sentence for Trafficking. If you pick it up to flush it, you are technically “Trafficking” in that moment.

2. The Computer “Destruction” Trap In the article, I mentioned a wife finding child porn on a husband’s computer.

• Old Advice: Wiping the drive or smashing it might have worked in the past.
• 2026 Reality: Modern forensics can recover data even from smashed drives. Furthermore, if the police have already secured a warrant (even if they aren’t at the door yet), destroying that computer is a separate felony called Tampering with Evidence.
• The “Cloud” Problem: Smashing the laptop doesn’t delete the automatic iCloud backup. You might catch a tampering charge while the evidence remains perfectly preserved in the cloud.

3. Constructive Possession If you leave the items there and say, “It’s not mine,” the police will use the doctrine of Constructive Possession. If it is in your house, and you knew about it, you are guilty.

Don’t Try to Be a Hero

The “Good Samaritan” defense is an affirmative defense—meaning you have to get arrested and go to court to prove it. Don’t let it get that far.

Call me at (407) 423-1117. We need to handle this carefully.

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.