Can the Police Stop a Teenager Just Because It’s a School Day?

By: John Guidry

The Constitution is an amazing document. Over the zillions of years that human beings have been on planet Earth, rarely have powerful government leaders agreed to limit their own power. Our Constitution was one of the first documents in human history that imposes significant boundaries on what our Government can—and cannot—do to “We the People.”

Our discussion today involves how a Resisting an Officer Without Violence charge can implicate our Fourth Amendment rights to be free from an unreasonable seizure.

The Fourth Amendment right to be free from unreasonable seizures includes the right to avoid face-to-face confrontations with police, except when the imposition is supported by sufficient justification. A free society cannot allow police to randomly detain citizens without any objective basis for suspecting them of wrongdoing.

Stopped by police for “looking young”?

Know your rights. Call John today at (407) 423-1117 to discuss your case.

The Legal Breakdown: P.B. v. State

Have you ever tried avoiding the police? It’s not easy to do. In our real-life case for today, my only recommendation would be that you not use profanity at an officer in response to their requests. Profanity is rude. These officers have a tough enough job already without the public cursing at them.

And frankly, who can feel sorry for someone dumb enough to use profanity at an officer and then be surprised when they find themselves arrested? We call that a “stupid tax.”

Let’s look at the case of P.B. v. State, 95 So. 3d 944 (Fla. 3d DCA 2012).

• The Scene: In Miami, Officer Lassiter was responding to a BOLO (Be On the Look Out) for a black male. He noticed a black female juvenile, “P.B.,” walking in the area.
• The Assumption: It was a school day, and the officer figured P.B. should have been in school, not walking around outside.
• The Encounter: The officer exited his car and told P.B. to stop and “come over here.”
• The Reaction: Rather than stopping, P.B. responded with an expletive and didn’t break stride.
• The Arrest: The officer grabbed P.B. and placed her in the back of his patrol car. She flailed around, cursed, screamed, and kicked the car windows—resisting the entire time.

The Threat: In a classic case of “loose lips sink ships,” P.B. threatened to kill the officer, stating: “I’ve got two brothers in prison for murder and when they get out they’re going to come get you… They’re going to have you killed.” (Yep, stupid statement number two. This allowed the officer to tack on a felony charge of Corruption by Threat against a Public Servant).

Was the Stop Legal?

We return to the question asked in every Resisting an Officer Without Violence charge: Was the officer engaged in the lawful execution of a legal duty?

If the stop was illegal, the resisting charge often falls apart.

• The Majority Opinion: The court upheld the charge. They reasoned that because P.B. was under 18, the police have the authority to investigate whether juveniles are absent from school without authorization. Therefore, checking her truancy status was a “lawful duty.”
• The Dissent: Senior Judge Schwartz disagreed. He believed the stop was unlawful because Florida Statute 1003.21 requires attendance only for children between ages six and fifteen (at the time). He noted: “P.B. did not look as if she were under fifteen; indeed, she was seventeen… He therefore could not have been acting in the lawful performance of any duty when she resisted him without violence.”

John’s Takeaways

I don’t agree with the majority opinion in this case. I don’t believe law enforcement should be able to stop kids who are doing nothing wrong just because it happens to be school hours.

• What about Home Schoolers? Must they be stopped by every police officer all day long just to prove they are allowed to be outside?
• The “Stupid Tax”: P.B. made her situation infinitely worse by cursing and screaming. We do have freedom of speech, but I implore you: show some restraint. Screaming at a cop is a one-way ticket to a Battery on a Law Enforcement Officer charge or a Resisting charge.
• The Age Issue: The majority opinion implies that a 17-year-old must stop and talk to police during school hours, even though they are technically not required to be in school at that age under the compulsory attendance laws. That is a slippery slope for Fourth Amendment rights.

Don’t Let a Bad Stop Ruin Your Record

Police officers make mistakes about the law, and sometimes those mistakes lead to illegal stops. If you were arrested for Resisting Without Violence, we need to analyze if the officer was actually performing a lawful duty at the time.

Call me at (407) 423-1117. Let’s defend your rights.

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.