When Cops Play Lawyer: Opinions on Self-Defense

By: John Guidry

You know what they say about opinions, right? Everybody’s got one.

The police are no exception, especially here in Orlando. Cops give their opinion on how fast a vehicle was traveling. They give their opinion that a green leafy substance is, in fact, marijuana. The list goes on.

But today, we’re turning our attention to police interrogations.

We all know that police are legally entitled to lie to a suspect during an investigation. (Hey, the government lies to us all the time, so it’s not like I’m telling you kids Santa isn’t real). But with many police interrogations being recorded and played for the jury, these recorded statements sometimes contain opinions that shouldn’t be heard by anyone.

Police telling you your defense “won’t work”?

They are allowed to lie, but they aren’t allowed to act as legal experts. Call John today at (407) 423-1117.

The Legal Breakdown: Odeh v. State

What happens when a detective starts telling a defendant, “Hey buddy, that’s not self-defense, that’s not a legal defense”?

In Odeh v. State, 36 F.L.W. D1510 (4th DCA 2011), the Florida courts addressed this exact situation.

• The Incident: Defendant Odeh (a store clerk) shot an irate customer who had threatened to get a gun and “shoot up the place.” Odeh followed the customer outside, and when the customer reached into his pocket, Odeh shot him.
• The Interrogation: During the interrogation, law enforcement repeatedly told Odeh that his actions did not constitute “self-defense” under the law.
• The Trial: The recording of this interrogation—including the officer’s legal opinions—was played for the jury. Odeh was found guilty of attempted first-degree murder.

The Ruling: The Fourth District Court of Appeal (DCA) found that it was error for the trial court to allow the jury to hear the detective’s opinion regarding self-defense.

Why?

“Law enforcement officers have never been considered to be legal experts in a court proceeding. However, a juror may reasonably assume an officer has some training in criminal law and therefore can properly opine as to the legal merits of a defense to a crime.”

Basically, allowing an officer to give a legal opinion encourages the jury to assume the officer is right. They aren’t.

The Bad News (And the Lesson)

Here is the problem for Mr. Odeh: Even though the court found it was an error to admit the officer’s legal opinion, they decided the error wasn’t “substantial enough” to reverse his conviction. He stayed convicted.

This brings us to the most important lesson of all.

If Odeh had listened to me from the beginning, there never would have been a discussion with police. The officer never would have had the chance to record his “legal opinion” because Odeh would have been silent.

John’s Takeaways

• Cops Are Not Lawyers: Police officers know how to arrest people. They do not know the nuances of the “Stand Your Ground” law or self-defense statutes. Their opinion on whether your actions were legal is irrelevant and often wrong.
• Don’t Let the Jury Hear It: If you made a statement and the officer gave his legal opinion during the recording, we need to fight to have those portions redacted (erased) before a jury hears them.
• The Golden Rule: I’ll keep saying it until I’m blue in the face: You have the right to remain silent. Anything you say will be misquoted, twisted, and used against you.

Silence is Your Best Defense

Always call a criminal defense attorney before speaking with detectives. Always.

If you have already spoken to them and they tried to talk you out of your defense, we need to clean up the mess.

Call me at (407) 423-1117. Let’s do the legal thinking for them.

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.