Renting a Car Fits Drug Trafficker Profile?

By: John Guidry

Renting a car is a pretty innocent activity, right? My mom has rented plenty of cars. My 92-year-old grandma has rented cars. Pretty much everyone has rented a car at one point or another.

But look out, Mom and Grandma: apparently, driving a rental car is an indicator of drug trafficking.

Orlando law enforcement officers can get fairly aggressive in their quest to convict a citizen of drug trafficking. In one such case, a trial court actually admitted rental car evidence in a drug trafficking trial as proof that the defendant was behaving as a drug trafficker. What is this world coming to?

Stopped in a rental car and accused of trafficking?

Don’t let “profile” evidence convict you. Call John today at (407) 423-1117.

The Legal Breakdown: Austin v. State

Let’s look at the case of Austin v. State, 44 So. 3d 1260 (Fla. 1st DCA 2010).

• The Scenario: Myles Austin was stopped by a Florida Highway Patrol trooper while driving a rental car. Specifically, it was a “third-party rental,” meaning someone else had rented the car for him.
• The “Evidence”: At trial, the prosecutor had the trooper testify that, based on his training and experience, “what drug traffickers will do is rent a vehicle in someone else’s name.”
• The Problem: The State used this generalization to suggest that because Austin was driving a third-party rental, he fit the “profile” of a drug trafficker and was therefore likely guilty.

The Ruling: The First District Court of Appeal (1st DCA) overturned the conviction. They ruled that:

• General Behavior isn’t Proof: Testimony about the general behavior of other criminals cannot be used as substantive proof of the defendant’s guilt.
• Guilt by Association: Allowing this testimony invites the jury to convict the defendant “by association” rather than on the actual evidence.
• Innocent Acts: As the court noted, plenty of innocent people drive cars rented by others. We cannot criminalize common, legal behavior just because criminals sometimes do it too.

John’s Takeaways

This ruling is a critical shield for drivers in Orange, Seminole, and Volusia County. Police love to use “indicators” to justify their actions, but we have to draw the line in court.

• Profile Evidence is Weak: Just because an officer says “drug dealers do X,” that doesn’t mean you are a drug dealer because you did “X.” If the prosecutor tries to use this “profile” argument in front of a jury, we object immediately.
• Reasonable Suspicion vs. Guilt: Police can use these factors (third-party rentals, masking odors, nervousness) to justify extending a traffic stop or calling a K9. However, they cannot use them as substantive proof of guilt at trial.
• The “Training and Experience” Trap: I cringe whenever an officer starts a sentence with “Based on my training and experience…” It usually means they are about to speculate. Austin v. State gives us the ammo to shut that speculation down.

Don’t Fit the “Profile”? Fight the Charge.

If you have been arrested because you “fit a description” or displayed “indicators” of drug activity, you need a defense that attacks the State’s assumptions.

Call me at (407) 423-1117. Let’s look at the evidence, not the profile.

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.