Don’t Let the Police “Take Out the Trash” in Orlando

By: John Guidry

Trash, trash, trash. In Orlando, trash cans, dumpsters, everything seems full all the time. Take some advice from your friendly Orlando criminal defense attorney—it’s always a good idea to use a shredder before putting stuff in the trash. No, I’m not encouraging crime; I’m talking about the “insane” amount of identity theft out there. But when it comes to the police, your trash can be a goldmine for their “typical script” investigations.

Take a look at what happened in the case of State of Florida v. Edward, 25 So.3d 610 (Fla. 1st DCA 2009). This wasn’t a minor charge; Edward was a “person of interest” in a murder investigation.

Were you arrested after police searched your trash in Orlando? Even if they waited for the curb, the search might be illegal. Call John Guidry today at (407) 423-1117.

The Legal Breakdown: The Carport vs. The Curb

The case of State v. Edward is a classic example of why the Fourth Amendment exists. Detectives went to Edward’s house to interview him. When they found no one home, they decided to take a little “look-see” at the trash can sitting in his carport.

• The Initial Peek: A detective lifted the lid of the trash can while it was still in the carport. Inside, he saw bloodied garments and shoes.
• The “Strategy”: They didn’t seize the items then. They waited until the trash was moved to the curb—where property is generally considered “abandoned”—and then they swooped in.
• The Ruling: The trial court suppressed the evidence, and the appellate court agreed. Why? Because the State conceded that lifting the lid in the carport (part of the curtilage of the home) was an illegal search. The court ruled that “but for” that illegal peek, the police never would have known to search the trash once it hit the curb.

Why “Curb” Doesn’t Always Mean “Fair Game”

We often hear that once trash is at the curb, you lose your expectation of privacy. While that is generally true under cases like California v. Greenwood, it doesn’t give the police a license to cheat. In 2024 and 2025, Florida courts have been increasingly strict about “tainted” evidence. If the police used an illegal tactic to find out what was in your trash before you abandoned it, that evidence is “fruit of the poisonous tree.”

As I like to say, it’s a “sad but true” fact that judges are often more willing to overlook these mistakes in minor possession cases, but in a murder case, the pressure to uphold the law is much higher.

John’s Takeaways

• The Curtilage Rule: Your trash is protected as long as it is in your garage, on your porch, or in your carport. These are “constitutionally protected areas.”
• Fruit of the Poisonous Tree: If the police only searched your curb because they illegally peeked in your backyard first, the evidence should be suppressed.
• The “Inevitable Discovery” Trap: The State will try to argue they would have found it anyway. To win, they have to prove:
  1. The evidence could have been found independently.
  2. It would have been discovered in a normal investigation.
  3. There is enough “distance” between the illegal act and the discovery.
• Shred Everything: In 2025, digital data and physical documents are both targets. Don’t give them a “failure of proof” on a silver platter.
• Local Defense: From Orange to Seminole County, “trash pulls” are a favorite tactic for drug task forces. We look at every step of that pull to see if they broke the curtilage rule.

The justice system is harsh, and it’s “insane” how much of your life can be pieced together from what you throw away. I’ve been defending the citizens of Central Florida since 1993, and I’ve seen many cases where a “trash pull” was the only thing the State had. If your case started at the bottom of a dumpster, give me a call.

Police went through your trash? 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.