When “Standing By” Becomes an Illegal Detention in Orlando

By: John Guidry

Nobody likes to be bossed around, but we all have to put up with bossy people from time to time. When it comes to bossy cops, it’s often easier to comply with their bogus commands than to inform them their behavior is illegal. Law enforcement represents that small group of people on Earth that can actually put you in a cage for failing to obey their commands.

Today’s case study involves how an officer’s illegal command led to the dismissal of a possession of cocaine case. It’s a “typical script” in many Orlando neighborhoods: an officer thinks they have the authority to hold you while they “investigate,” but without the right evidence, that detention is just a violation of your rights.

Stopped by police for “loitering” or “trespassing” in Orlando? If an officer told you to “stand by” without a legal reason, your case might be eligible for dismissal. Call John Guidry today at (407) 423-1117.

The Legal Breakdown: Collins v. State

In the case of Collins v. State, 115 So.3d 1040 (Fla. 4th DCA 2013), the defendant was hanging out at an apartment complex marked with “No Trespassing” signs. An anonymous caller told police that juveniles were loitering and possibly using drugs.

• The Command: When the officer arrived, Collins explained he was there visiting a friend. The officer told Collins to “stand by” and made it clear he was not free to leave while the officer knocked on the friend’s door to verify the story.
• The “Drop”: While waiting, the officer saw Collins drop a baggie of cocaine.
• The Defense: Collins’ attorney filed a Motion to Suppress, arguing that the officer had no legal right to detain Collins in the first place.

Anonymous Tips 101: The “Strike Out” Rule

Police can only detain you based on an anonymous tip if the details are corroborated by independent police work. In Collins’ case, the State struck out:

1. Strike One (Age): The caller mentioned “juveniles.” Collins was 21 years old.
2. Strike Two (Conduct): The caller mentioned drug activity. The officer saw zero narcotic activity before ordering Collins to stay put.
3. Strike Three (Detail): The court found the call was “bare bones” and lacked any reliability.

The court ruled that “a person’s mere presence on a property is not sufficient to give rise to a reasonable suspicion that the crime of trespass is being committed.” Because the command to “stand by” was an illegal detention, the cocaine found afterward was “fruit of the poisonous tree” and was suppressed.

John’s Takeaways

• “Stand By” is a Detention: If a cop tells you to stay put and you aren’t free to leave, you are being detained. For that to be legal, they need Reasonable Suspicion that a crime is happening.
• Anonymous Tips are Weak: A tip from someone who won’t give their name is rarely enough to justify a search or detention unless the police see something illegal with their own eyes.
• The Trespassing Myth: Just because there is a “No Trespassing” sign doesn’t mean the police can stop anyone they see. In Orange and Seminole County, we see many “trespassing” stops that are actually just illegal fishing expeditions.
• Odor and 2025 Updates: In 2025, even the “smell of marijuana” is often not enough for a search due to the legality of hemp (Baxter v. State). If they can’t search for a smell, they certainly can’t detain you for “standing while black” or “standing while young.”
• Failure of Proof: If the initial stop is bad, every piece of evidence they find—drugs, guns, confessions—gets thrown out. That is a total failure of proof for the State.

The justice system is harsh, and it is “sad but true” that many people get convicted because they didn’t know they had the right to walk away. Whether you are in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, I’ve been defending Central Florida citizens against “bossy” police tactics since 1993.

If you were told to “stand by” and ended up in handcuffs, give me a call. Let’s see if the officer actually had a legal reason to hold you.

Facing these 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.