The “Knock and Talk” Trap: Why Your Barbed-Wire Fence Matters in Orlando

By: John Guidry

I grew up in a great neighborhood full of kids who loved kickball and soccer. When you combine stray balls and competitive kids, you inevitably end up with broken windows and the need to jump fences. But even as kids, we knew which neighbors were inviting and which ones were “off-limits.” You didn’t just wander into a yard surrounded by a grumpy neighbor’s defenses.

It turns out that “kid logic” is actually grounded in the Fourth Amendment. If you want to keep the government out of your business, you have to affirmatively take steps to show that your property isn’t a public park. This brings us to the “curtilage” case of the day: Bainter v. State, 135 So. 3d 517 (Fla. 5th DCA 2014).

Was your home searched after a “knock and talk” gone wrong? If you have fences and “No Trespassing” signs, the police might have been there illegally. Call John Guidry today at (407) 423-1117.

The Case Study: Bainter v. State

Bainter lived on several acres in Central Florida. His property was surrounded by a barbed-wire fence, a chain-link push gate, and multiple “No Trespassing” signs.

The police received the “typical script”—an anonymous tip about a marijuana grow house. Instead of getting a warrant, they decided to conduct a “knock and talk.” They drove through the gate, walked up to the front door, and eventually seized a large amount of cannabis.

• The Trial Ruling: The judge denied the Motion to Suppress because the front gate was “clearly open” at the time. The judge basically thought an open gate was a “come on in” sign for the government.
• The Reversal: The 5th District Court of Appeals (our local appeals court) disagreed. They ruled that Bainter had an expectation of privacy in the “curtilage” (the area immediately surrounding the home) because he had taken affirmative steps—barbed wire and signs—to exclude the public.

What is a Legal “Knock and Talk”?

In Powell v. State, 120 So. 3d 577 (Fla. 1st DCA 2013), the court defined this tactic as a consensual encounter where police may:

1. Approach the dwelling on a defined path.
2. Knock on the front door.
3. Briefly await an answer.
4. Immediately depart if no one answers or the resident refuses to talk.

The “Path” Rule: This is where many Orlando cops mess up. They cannot wander over to your garage to sniff around or look through side windows. If they veer off the path to the front door, they are “peeping Toms” with badges, and the search is mega-illegal.

John’s Takeaways for 2025

• Signs are Mandatory: If you have a fence but no “No Trespassing” signs, Florida courts often rule that a “path” to your door is still open to the public. In 2025, post your signs clearly to establish your Fourth Amendment rights.
• The 2025 “Plain Smell” Shield: As of October 1, 2025, the “odor of marijuana” is no longer enough for a warrant in Florida (Williams v. State). If the police used a “knock and talk” just to get close enough to “smell” something, their legal basis is “woefully lacking.”
• Don’t Open the Door: You are not required to open the door for a “knock and talk.” If you don’t answer, and they stay on your porch peering through windows, that is an illegal search under Powell.
• Body Cam Evidence: In 2025, every “knock and talk” in Orange and Seminole County should be captured on body cam. We use this footage to see if the officers stayed on the path or if they went “exploring” around your property.
• Failure of Proof: If the entry onto your land was illegal, then everything they found—the plants, the lights, the “blabbing” confession—is “fruit of the poisonous tree” and must be suppressed.

The justice system is harsh, and it’s “insane” how a cop can ignore a barbed-wire fence just because a gate was left unlatched. I’ve been defending the citizens of Central Florida against these “witch hunt” tactics since 1993. Whether you’re in Orlando, Sanford, or Kissimmee, your home is your castle. If the police stormed it without a warrant, give me a call.

Facing grow house or possession charges? Call John at (407) 423-1117.

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.