“I Know My Rights!” (When the Smart-Mouthed Kid Was Actually Right)

By: John Guidry

If you’ve lived on Mother Earth long enough, you’ve encountered a smart-assed kid who (a) has no respect for authority, and (b) claims to know their rights.

How do police respond to this? As a general rule—and I think you can find this in the unwritten Field Training Manual—most officers reach for their handcuffs and billy club, though not necessarily in that order. I’m just saying.

In the case of G.T. v. State, 120 So. 3d 141 (Fla. 4th DCA 2013), a juvenile girl decided to test this theory. She refused to speak to the police, was arrested, and fought it all the way to the appeals court. Spoiler Alert: She won.

Did the police detain you just because you were standing near someone else who was in trouble?

Guilt by association is not a crime. Call John today at (407) 423-1117.

The Scene: The Empty Bacardi Bottle

This incident began as most juvenile cases do: A neighbor called to complain about a “disturbance of juveniles drinking and smoking.” (It shouldn’t surprise you that juveniles do not understand the concept of “being quiet,” providing a constant revenue stream for Crime, Inc.).

Police arrived and saw six teenagers hanging out.

• The Evidence: One kid was holding an empty “Bacardi Silver” bottle.
• The Detention: The officer immediately detained all the kids.
• The Observation: After detaining them, he noticed some had red, glossy eyes and slurred speech.

The officer started the “Name Game,” asking for names, birthdays, and parents’ numbers.

The Conflict: “I Know My Rights”

All the teenagers played along—except G.T. She refused to give any information because she “knows her rights.”

Now, my informal studies show that police are not fond of people who say this. Usually, this phrase is a one-way ticket to a “complimentary beat down” or an arrest for Resisting. True to form, G.T. was arrested and convicted of Resisting an Officer Without Violence.

The Question: Was she legally entitled to refuse to give her name? The Answer: Yes.

The Law: Suspicion Must Be “Particularized”

To convict someone of Resisting Without Violence, the State must prove the officer was engaged in the lawful execution of a legal duty.

• The Rule: To detain a citizen, an officer must have Reasonable Suspicion of criminal activity.
• The Catch: That suspicion must be particularized to the specific person.

Why the Cop Was Wrong:

• The officer saw one kid holding a bottle.
• G.T. was holding nothing.
• Merely standing next to a sinner doesn’t make you a sinner.

As the court noted, this is similar to marijuana cases where courts have held that a person merely “standing with a group of individuals surrounded by the odor of burned marijuana” cannot be legally detained. (A.T. v. State, 2012).

The Timeline Matters

But what about the glossy eyes and slurred speech? Too Little, Too Late. The officer admitted he only noticed those signs after he had already detained the group.

• You cannot detain someone illegally and then use the evidence you find during that illegal detention to justify the stop. That is “bootstrapping,” and the courts hate it.

The Verdict: The Appeals Court reversed the conviction and dismissed the charges.

• Because the officer had no right to detain G.T. initially, she had every right to refuse to answer his questions.
• G.T. really did know her rights. (Sorry for judging you, kid).

John’s 2026 Update: The Facial Recognition Trap

Note: In 2013, G.T. could stay anonymous by keeping her mouth shut. In 2026, her face does the talking.

1. Facial Recognition & Biometrics In 2026, if you refuse to give your name, many officers in Florida simply pull out a smartphone with a Facial Recognition App (like Clearview AI or state databases).

• The Reality: They snap your photo, and within seconds, they have your name, address, and juvenile record.
• The Legal Fight: While they can figure out who you are, the G.T. case still applies to the detention itself. Even if they know your name, they cannot legally hold you or arrest you if they lacked Reasonable Suspicion to stop you in the first place.

2. Body Cams Prove the Timeline In G.T., the defense had to rely on the officer admitting he saw the red eyes after the stop.

• Today: We pull the Body Cam footage. We can pinpoint the exact second the officer commanded, “Stop right there.” If the video shows you were doing nothing but standing still at that moment, we win.

3. Juvenile Civil Citations Florida has pushed hard to issue Civil Citations to juveniles rather than arresting them for misdemeanors.

• The Good: You might not get handcuffed.
• The Bad: Cops often use the citation as an excuse to detain you. “I’m just writing a ticket” is not a valid excuse to violate your Fourth Amendment rights if the stop was illegal to begin with.

Standing Your Ground (Legally)

It takes courage to tell a police officer “No.” If you or your child stood up for your rights and got arrested for it, do not accept the charge.

Call me at (407) 423-1117. Let’s prove you were right.

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.