The “Rearview” Mirage: Can One Fingerprint Steal a Car in Orlando?

By: John Guidry

Dear Potential Client,

Yes, the police really will do that. Even on a simple theft case. You might think it’s a waste of taxpayer money (and it is), but that doesn’t stop them. Law enforcement loves to surprise us with “good old-fashioned police work” backed by technology that looks like it belongs on a TV show.

For everyone wondering how hard the police will work on a petit theft, shoplifting, or grand theft case in 2025, I have some “sad but true” news. The advent of cheap data storage—hard drives, basically—means that stores like Walmart, Target, Kohl’s, and Macy’s are catching more people than ever.

The “Forever” Surveillance Trap

In the old days of VCR tapes, stores would record over their footage every few days. Today, storage is so cheap that loss prevention can rewind months of high-definition video. If you’re arrested for shoplifting today, don’t be surprised if they dig through their archives to find “shenanigans” from last Thanksgiving. They’re looking for a “typical script” of repeated behavior to turn one misdemeanor into a series of felony counts.

But it isn’t just video. They’re still using the classics, too. This leads us to Urban Myth #2: “The police don’t take fingerprints on theft cases.” Oh, yes they do.

Facing theft charges based on a single fingerprint or an old video? Don’t let circumstantial evidence put you in a cage. Call John Guidry today at (407) 423-1117.

Case Study: A.D.P. v. State (The Rearview Mirror Mystery)

In the case of A.D.P. v. State, 223 So. 3d 428 (Fla. 2d DCA 2017), a juvenile was convicted of grand theft of a motor vehicle. The victim had accidentally left her keys in her apartment door, and the next morning, her 2006 Toyota Highlander was gone. Three days later, the car was found parked outside A.D.P.’s building.

The Evidence: The police found exactly one fingerprint belonging to A.D.P. on the rearview mirror.

The trial judge used “common sense” (which is often just a fancy word for guessing) to convict him. The judge’s logic was: “Usually, passengers are not playing with the rearview mirror. Usually, the person playing with the mirror is the driver.” The Reversal: The appellate court wasn’t buying what the prosecutor was selling. They overturned the conviction, citing a well-established Florida rule: Evidence that a person was a passenger in a stolen vehicle is not enough to prove they stole it.

Because no one saw A.D.P. behind the wheel and he didn’t confess, the State’s case was entirely circumstantial. To win a circumstantial case, the prosecutor must rebut every “reasonable hypothesis of innocence.”

• The Hypothesis: A.D.P. was just a passenger who adjusted the mirror from the passenger side.
• The Result: Since the State couldn’t prove he was the driver, they had a total failure of proof on the element of “dominion and control.”

John’s Takeaways for 2025

• The $750 Threshold: In 2025, the line between a misdemeanor and a felony “Grand Theft” in Florida is $750. With car prices and electronics costs, almost any “joyride” or shoplifting spree hits this threshold instantly.
• Proximity is Not Possession: Just because your fingerprint is inside a car (or on a baggie, or a stolen laptop) doesn’t mean you stole it. You could have been a passenger, a guest, or just a curious bystander.
• Digital Fingerprinting (Chapter 921): As of 2025, Florida has streamlined how fingerprints are used in court. Under F.S. § 921.241, digital fingerprint records are now prima facie evidence of identity, making it even easier for the State to link you to a past record.
• The Power of “No”: If the police ask for a “little look-see” at your phone or your home because of a theft report, remember: Shut up. Don’t help them build a circumstantial case against you.
• Regional Reality: Whether you are in Orange, Seminole, or Osceola County, detectives are using automated fingerprint identification systems (AFIS) that can match prints in seconds.

The justice system is harsh, and it’s “insane” to think a single smudge on a mirror can lead to a felony record. I’ve been defending the citizens of Central Florida since 1993, and I know how to attack a case that’s built on nothing but a “hunch” and a fingerprint.

Accused of grand theft auto? 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.