“Just Don’t Open It”: How Answering the Door Can Save a Search Warrant (Even an Illegal One)

By: John Guidry

Have you read our Constitution? In case you haven’t recently, there is nothing within it that requires American citizens to open their door when somebody knocks. Opening your door to a stranger is optional. Why people feel compelled to answer the door is beyond me. And why folks running illegal grow house operations are so eager to answer their door is even more baffling.

Did the police knock on your door and then force their way in?

You have rights, even if you opened the door. Call John today at (407) 423-1117.

The Grow House: A Quick Primer

Since we are discussing grow houses, a little explanation helps.

• The Setup: A residential home where every room is converted for cultivation.
• The Method: Owners are paid cash ($10k-$20k) for temporary use. Walls are cut for irrigation, and electricity is often stolen to mask the massive power spikes from grow lights and A/C units.
• The Bust: Police usually get a tip, watch the house, and eventually… they knock.

The Case: State v. Roman (The Illegal Sweep vs. The Open Door)

Our discussion centers on State v. Roman, 103 So. 3d 922 (Fla. 2d DCA 2012).

• The Scene: Police surveilled Roman’s house based on a tip. When she pulled into the driveway and entered, they approached the front door.
• The “Knock and Talk”: They knocked. Ms. Roman opened the door.
• The Smell: As soon as she opened it, the odor of cannabis smacked the officer in the face.
• The Illegal Move: The officer detained her and immediately conducted a “Protective Sweep” of the house without a warrant, claiming he needed to check for armed accomplices or people destroying evidence. He saw plants everywhere.

The Warrant Application: The police then applied for a warrant, citing four things:

1. Humming Noise: (From the garage/ballasts).
2. PVC Pipes: (Runoff water).
3. Surveillance Cameras: (Claiming cameras are “common in grow houses”—a weak argument even then).
4. The Smell: (From when she opened the door).

The Ruling: A Partial Win, A Total Loss

Roman’s lawyer filed a Motion to Suppress, arguing the “Protective Sweep” was illegal.

• The Win: The Appeals Court agreed! They ruled the sweep was illegal because there was no proof anyone else was inside or that evidence was being destroyed.
• The Loss: However, the Court upheld the search warrant anyway.

Why? Because Ms. Roman opened the door. The Court reasoned that the officers smelled the marijuana before they did the illegal sweep. That smell—wafting out of the voluntarily opened door—provided enough Probable Cause for the warrant on its own. The illegal entry that followed didn’t matter because the “clean” evidence (the smell) was already obtained.

The Lesson: If she had kept the door closed, the police would only have had “humming noises” and “cameras”—likely not enough for a warrant. By opening the door, she gave them the one piece of evidence they needed to make the rest of the case stick.

John’s 2026 Update: Hemp, Ring Cameras & Smart Meters

Note: In 2012, “Smell + Cameras” equaled a warrant. In 2026, those arguments are falling apart.

1. The “Odor of Hemp” Defense Since the legalization of Hemp, the distinct odor of cannabis is no longer unique to illegal marijuana.

• The Argument: In 2026, we argue that the smell of “weed” could be legal Hemp (CBD flower). Therefore, the smell alone does not provide Probable Cause for a warrant because the activity could be lawful.
• The Impact: If Roman happened today, we would argue the warrant was invalid because the smell didn’t prove a crime.

2. The “Ring Doorbell” Reality In Roman, police argued that a security camera above the door was suspicious.

• The 2026 Reality: Today, everyone has a Ring or Nest doorbell.
• The Defense: If a warrant application claims “cameras = drug dealer,” we laugh it out of court. Security cameras are now standard home equipment, not evidence of a crime.

3. Smart Meters & Digital Warrants Police don’t just listen for “humming” anymore.

• The Tech: They subpoena the power company for Smart Meter Data. If the data shows massive power spikes in 12-hour cycles (mimicking grow lights), they get a warrant based on the data, not the smell.
• The Advice: The “Knock and Talk” is just a backup plan. They usually have the digital evidence before they even step on your porch.

Keep It Closed

The Constitution gives you the right to privacy in your home. That privacy evaporates the moment you open the door and let the smells, sounds, and sights of your home spill out into the street. Talk through the door, or don’t talk at all.

Call me at (407) 423-1117. Let’s suppress the search.

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.