Is “High Crime Area” Testimony Just Police Doublespeak?

By: John Guidry

Here in Orlando, there are a few catchphrases that seem to roll off the tongue of police officers like the doublespeak of politicians. You hear them in almost every drug case:

1. “Based upon my training and experience…”
2. “This is known as a high crime area.”

You can’t even blame a cop for saying these things. At this point, there is no free will involved; it’s automatic. It’s part of the script. But here is the problem: just because it’s part of the script doesn’t mean it’s legal, and it certainly doesn’t mean it’s fair.

In fact, that little phrase—”high crime area”—can be the reason a conviction gets overturned. Why? Because in many cases, it is completely irrelevant and used solely to make the defendant look bad.

Arrested in a so-called “hot spot”? Call John today at (407) 423-1117.

Don’t let the State label you based on your neighborhood.

The Legal Breakdown: E.M. v. State

Let’s look at a case that exposes this tactic for what it is. The case is E.M. v. State, 61 So. 3d 1255 (Fla. 3d DCA 2011).

Here is what happened:

• The Charge: E.M., a juvenile, was convicted of possession of marijuana.
• The Testimony: At trial, the arresting officer testified that he saw E.M. holding what looked like a joint. But he didn’t stop there. He told the court the arrest happened in “a hot area, hot spots for narcotics.”
• The Pile-On: Later, the officer added that the area had been “checked the prior week for narcotics and guns, involving gang members.”

The Defense: Hats off to the defense attorney in this case. They objected to both statements immediately. Unfortunately, the trial judge overruled the objections and let the testimony stand.

The Ruling: The appellate court didn’t buy the State’s argument that this was just “harmless error.” They overturned E.M.’s conviction.

The Court relied on precedent like Johnson v. State, 670 So. 2d 1211 (Fla. 5th DCA 1996), noting that whether “high crime area” testimony is prejudicial depends on the facts of each case. In E.M., linking the defendant to an area known for “gangs” and “guns” when he was just charged with simple possession was unfair. It painted him as a criminal by association.

John’s Takeaways

If you are facing charges and the police report is full of this “high crime area” language, here is what you need to know:

• Geography is Not Evidence: Just because you were standing on a corner where someone else sold drugs last week does not mean you are selling drugs today. We fight to keep that irrelevant history out of your trial.
• “High Crime” = Prejudice: Prosecutors love this phrase because it scares juries. It makes them think, “Well, he must be up to something if he was there.” That is exactly why appellate courts often hate it.
• Guilt by Association: As seen in E.M., mentions of “gangs” or “guns” in a simple possession case are often reversible error. If the officer tries to sneak that in, we object aggressively.
• Context Matters: There is a long list of things police aren’t supposed to say on the stand. “High crime area” is near the top of that list when it’s used just to smear the defendant’s character.

Don’t Let Them Control the Narrative

The police have their script, but we have the law. If you have been arrested in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, don’t let them convict you based on a catchphrase.

Call me at (407) 423-1117. Let’s discuss your defense.

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.