Helicopter Chases for a Sip of Four Loko? The High Cost of Bad Police Work

By: John Guidry

Once again, it seems like the juveniles are creating some good case law for defense attorneys.

So, I find myself torn between having good case law (can’t put a price on that) and the insane amount of money our government wastes in the process.

Today, let’s talk about B.B. v. State, 117 So. 3d 442 (Fla. 2d DCA 2013), a case where a juvenile was convicted of:

1. Providing False Identification (Felony version).
2. Possession of Alcohol by a Minor (Four Loko).

Her criminal defense attorney moved to dismiss these charges, but the motion was denied, resulting in this appeal.

Is the State overcharging you for a minor mistake?

Don’t let sloppy police work ruin your record. Call John today at (407) 423-1117.

The Scene: Helicopters and Four Lokos

The Polk County Sheriff’s Office stopped a vehicle for speeding.

• The Flight: When the car stopped, the driver took off running into the woods.
• The Cost: Instead of letting it go, they called out the expensive helicopters. We likely spent $3,125 in chopper fuel to chase a misdemeanor suspended license charge.

Even though the driver took off, two people remained in the car: B.B. (a juvenile in the passenger seat) and another person in the rear.

• The Lie: When police asked B.B. her name, she lied and gave them her sister’s name.
• The Drink: Police found an open can of Four Loko in the console between the seats.

(In case you didn’t know, Four Loko is an alcohol/energy drink. For those instances when kids don’t have enough energy to party until dawn, this drink will get you there with energy to spare—supposedly).

The cops decided not to investigate who possessed the alcohol. They simply charged B.B. with possession. Once again, stellar police work.

The Waste: Turning a Lie into a Felony

B.B. was eventually caught in her lie.

• The Charge: Instead of a simple misdemeanor for giving a false name (Florida Statute 901.36(1)), the State charged her with a Third Degree Felony under subsection (2).

Why a Felony? To get a felony conviction, the State must prove the lie resulted in “adverse consequences” to the victim (the sister). The State argued that because the police wrote up paperwork in the sister’s name, she was “adversely affected.”

The Ruling: The appeals court called nonsense on this. They found that opening a file isn’t enough. Since the sister wasn’t arrested or financially harmed, the felony conviction was thrown out. It offends me that prosecutors waste taxpayer money proceeding on such cases with zero evidence of harm.

The Mystery Can: Proving It Was Alcohol

Now, what about the Possession of Alcohol charge? Sure, this was another colossal waste of money that could have been avoided with a phone call to the parents. (I know, I’ve worked juvenile before—not many parents answer, but how about trying to call Grandma at least?)

There were two massive problems with this charge:

1. Constructive Possession B.B. was in a car with two other people. Proving she possessed the can requires the State to prove she had dominion and control over it. Just sitting next to it isn’t enough.

2. Is It Even Alcohol? The court noted a hilarious failure in the investigation:

“The State’s case lacked any evidence identifying the substance inside the can. The deputy did not perform a Breathalyzer test on B.B., nor did she smell, test, or otherwise examine the liquid… Both the can and its contents were disposed of.”

Because the officer threw the can away without testing it, they couldn’t prove it was actually alcohol. It could have been water in a Four Loko can for all they knew. Charge dismissed.

John’s Takeaways

• Sloppy Police Work Saves Lives (Legally): The officer’s laziness—failing to test the liquid and failing to verify the harm to the sister—cost the State the entire case. We look for these shortcuts in every police report.
• Don’t Accept the Felony: Police love to “upcharge.” They turned a misdemeanor lie into a felony fraud charge without the evidence to back it up. Never assume the charge on your arrest paperwork is the one that will stick.
• Priorities: We have real crimes to solve. Drug trafficking, violent assaults, etc. Yet, we are spending thousands of dollars on helicopters and trials for a teenager with a fake name and a mystery can.

Are You Being Overcharged?

The lesson is simple: The government often files bogus charges hoping you won’t fight back.

Call me at (407) 423-1117. Let’s make them prove every element.

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.