“I Never Said You Could Search!” (When Judges Rubber Stamp Police Lies)

By: John Guidry

Here in Central Florida, consent to search is fairly common. But from my side of the desk, it is just as common for an Accused to tell me: “I never told that cop he could search my car!”

I’ve heard this so many times in my 18+ years of criminal defense work that it’s scary. So, does anyone care that—most likely—some officers are not telling the truth when it comes to supposed “consent”?

Yes, someone does care.

Did the police search your car without your permission?

Don’t let them put words in your mouth. Call John today at (407) 423-1117.

The Case: Ruiz v. State

Let’s start with Chief Judge Robert Gross of the Fourth District Court of Appeal. In Ruiz v. State, 50 So. 3d 1229 (Fla. 4th DCA 2011), the police testified that the defendant gave them consent to search his home.

• The Reality: The appellate judge found the police testimony “unbelievable.”
• The Tragedy: The trial court judge said just the opposite, calling the police testimony “very credible” and the defendant’s testimony “not credible.”

The Rubber Stamp Problem Trial court judges can make or break our beloved Constitution. If a trial judge doesn’t have the courage to call a cop a liar when the story doesn’t add up, the Fourth Amendment is meaningless.

In Ruiz, because the trial judge believed the cop, the appellate court was technically stuck. They have to “defer” to the trial judge’s findings on credibility because the appellate judges weren’t in the room to see the faces.

The Appellate Smackdown

However, Chief Judge Gross didn’t let it slide quietly. He wrote an opinion that every judge in Florida should read:

“The profusion of consent cases requires trial judges, the gatekeepers of the Fourth Amendment, to critically evaluate the testimony given at hearings… Cases like this one call into question the fairness of some trial court proceedings…

Without an unbiased and objective evaluation of testimony, judges devolve into rubber stamps for law enforcement.”

Judge Gross hit the nail on the head. Judges often use the phrase “I find the officer credible” as a magical rubber stamp to deny your rights. Being a defender of the Constitution is a tough job; it requires the court to call out lies. Thank God for judges like Robert Gross who aren’t afraid to say it.

John’s 2026 Update: The Body Cam Revolution

Note: In 2011, Ruiz lost because it was his word against the cop’s. In 2026, we don’t have to rely on a “rubber stamp.”

1. The End of “He Said/She Said” In 2026, almost every officer in Central Florida wears a Body Cam.

• The Defense: When a cop claims, “He gave me consent,” we pull the video.
• If the audio is muffled, or if you clearly shook your head “No,” or if you stayed silent (silence is NOT consent), the judge cannot find the officer “credible” because the video proves he is wrong.

2. The “Equivocal Consent” Rule Video allows us to use the “Equivocal Consent” defense effectively.

• If the video shows you saying, “I guess so,” or “Do I have a choice?” or “Well, you’re going to search anyway,” that is NOT valid consent.
• In the old days, the cop would testify you said “Yes.” Today, the video shows your hesitation, and under Florida law, hesitation invalidates the search.

3. Language Barriers In Ruiz, there were issues regarding language. In 2026, if the video shows the officer asking for consent in English and the defendant looking confused or speaking only Spanish, we argue the consent was not “knowing and voluntary.”

Don’t Let Them Fake Your Consent

If an officer lied about your permission to search, we don’t just argue with them. We demand the footage.

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

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.