Can the Police Stop You for Simply “Walking While Suspicious” in Orlando?

By: John Guidry

It seems as though the list of innocent activities that police officers deem “evidence of criminal conduct” just gets longer and longer every day. As we’ve said before, beware of any officer that begins a sentence with “based upon my training and experience.” Often, that’s just code for “I had a hunch and decided to ignore the Fourth Amendment.”

Such was the case in M.R. v. State, 34 So.3d 143 (Fla. 3rd DCA 2010). This case involved a sixteen-year-old girl who was simply walking down the street at 9:30 p.m. in an area known for prostitution. Because the officers knew she had a prior record, they stopped her, “blabbed” a few questions, and then threw her in the back of the patrol car to run a records search.

When she tried to get out of that car and flee, they tacked on a charge of Resisting an Officer Without Violence. But here is the “sad but true” reality for the State: you can’t be guilty of resisting a duty that the officer had no right to perform in the first place.

Stopped or arrested for “resisting” after an illegal detention in Orlando? Don’t let a bogus charge stick. Call John Guidry today at (407) 423-1117 to fight for your rights.

The Legal Breakdown: “On Duty” is Not a “Lawful Duty”

The problem with many resisting charges is simple. To get a conviction for Resisting Without Violence under Florida Statute 843.02, the State must prove—beyond a reasonable doubt—that the officer was performing a lawful legal duty.

• The M.R. v. State Ruling: The court overturned the girl’s conviction. They held that simply walking in a “high prostitution area” does not give rise to the “founded or articulable suspicion” needed for a Terry stop.
• The Detention Trap: The police thought that because they were “on the job,” they could hold her while they searched for a reason to arrest her. The court disagreed, stating that since the initial detention was illegal, she was not guilty, as a matter of law, of resisting.
• Modern Precedent (2024-2025): Recent rulings from the Fifth District Court of Appeal (serving Orange, Seminole, and Volusia) continue to hammer home that a “consensual encounter” cannot be forcibly turned into an investigatory stop without real evidence of a crime. If the stop is bad, the resisting charge is “insane” and should be dismissed.

John’s Takeaways

• The Lawful Duty Element: To be convicted of resisting, the officer must be doing something they are legally authorized to do at that moment—like making a valid arrest or serving a warrant.
• Prior Records Aren’t Probable Cause: Just because you have a “history” doesn’t mean the police have a “blank check” to stop you every time they see you on the street.
• Walking is Not a Crime: Whether you are in a “high crime area” or a “prostitution area,” simply being present is not enough for a detention. This is a classic “failure of proof.”
• The Backseat Test: Once they put you in the car, you are detained. If they didn’t have a legal reason to put you there, any “resistance” that follows is often legally excusable.
• Motion for Judgment of Acquittal: A skilled trial attorney can use cases like M.R. v. State to get these charges tossed in the middle of a trial when the State fails to prove the officer was acting lawfully.

The justice system is harsh, and it is a “typical script” for officers to arrest first and look for a legal reason later. Whether you were stopped in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you have the right to walk down the street without being harassed.

I have been in the trenches of Central Florida courtrooms since 1993, holding the line against these kinds of illegal detentions. If you or someone you love is facing a resisting charge after a “suspicious activity” stop, give me a call. Let’s see if the cops were actually performing a duty or just being bossy.

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.