“It’s Not Mine!”: How a Few Pieces of Paper Can Turn a Traffic Stop into 20 Years

By: John Guidry

It’s pretty rare that you get a chance to meet your heroes. Years ago, my band manager Sarah met the lead singer of our favorite band. She was deflated. The music was brilliant, but the man was severely lacking.

• The Lesson: A person’s genius in one area doesn’t mean they are great in all areas. As Pat Sajak noted, “Trust me, one’s view of the world isn’t any clearer from the back seat of a limo.”

The Legal Segue: Speaking of back seats… let’s talk about drugs found in them. If you are accused of possession, there are two ways to be convicted:

1. Actual Possession: The drugs are in your hand, pocket, or sock. (Easy to prove).
2. Constructive Possession: The drugs are in a place occupied by multiple people (like a car with passengers), but the prosecutor has proof you have Dominion and Control over them.

Did police find drugs in a car you were sharing with others?

You have a defense. Call John today at (407) 423-1117.

The Case: Bradwell v. State (The Safe in the Back Seat)

Our real-life case is Bradwell v. State, 2020 Fla. App. LEXIS 9202 (Fla. 1st DCA 2020).

• The Stop: Bradwell was stopped for a suspended license. He had a passenger (Malinosky) in the car.
• The Search: A K-9 alerted to the car. In the back seat, under a pile of clothes, was a 3-foot locked safe.
• The Drama: Police destroyed the safe to open it (expecting King Tut’s tomb or yellow beams of light).
• The Find: Inside was a trafficking amount of Heroin and Meth.
• The Sentence: 20 Years in Prison.

The Defense: “It’s not my safe.” Since there was a passenger in the car, the law requires Independent Proof that Bradwell knew what was in the safe. Just owning the car isn’t enough when a passenger is present.

The Ruling: The “Convenient” Paper Trail

If the story ended with just the drugs, Bradwell might have walked. But inside the safe, right next to the meth, were:

1. Six receipts from a counselor with Bradwell’s name on them.
2. An insurance bill addressed to Bradwell.

This is called “Independent Evidence.” (I call it “Convenient.” It is amazing how often police find documents with the defendant’s name right next to the stash. File this under: Things that make you go Hmmmm).

The Appellate Court denied the appeal.

• The Logic: Even though there was a passenger, the receipts proved that Bradwell controlled the contents of the safe.“An inference of knowledge and control may arise where the contraband… is found in or about other personal property that is shown to be owned or controlled by the defendant.”

Because he kept his bills with his drugs, he is stuck with a 20-year sentence.

John’s 2026 Update: AirTags & Biometric Locks

Note: In 2020, Bradwell was convicted by paper receipts. In 2026, he would be convicted by Bluetooth.

1. The “AirTag” Witness In 2026, people rarely keep paper receipts.

• The New Evidence: Police now look for AirTags or Tile Trackers taped inside safes or bags.
• The Proof: If the hidden tracker is registered to your Apple ID, that is definitive “Independent Proof” of ownership. You can’t say “I’ve never seen that safe before” if your phone pings it.

2. Biometric “Dominion” Many modern gun safes and lockboxes use fingerprints or FaceID.

• The Trap: If the safe only opens with your thumbprint, the State argues you have Exclusive Dominion. The “passenger” defense dies instantly because the passenger couldn’t have opened it.

3. “Smart Safe” Logs High-end safes now have Wi-Fi logs.

• The Data: The State subpoenas the safe manufacturer. If the logs show the safe was opened via the App on your phone at 10:00 AM, they don’t need a receipt inside. The digital handshake proves you controlled the container.

Don’t Leave a Paper Trail (or a Digital One)

Constructive possession cases are won or lost on the details. If there is nothing linking you to the item—no fingerprints, no receipts, no Bluetooth connection—we can fight the charge.

Call me at (407) 423-1117. Let’s disconnect you from the evidence.

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.