“The Cop Smuggled It, Not Me”: How to Beat an Introduction of Contraband Charge

By: John Guidry

When cops in Orlando see teenagers hanging out with backpacks, they see a drug bust waiting to happen. Police are always suspicious of a kid with dreadlocks and a backpack.

• Aren’t dreadlocks reasonable suspicion to search? Maybe in China or Iran, but not here. Well, you know where I’m going with this, so let’s dive right in.

The Case: M.A.F. v. State of Florida The case for today is M.A.F. v. State, 2012 WL 516186 (Fla. 2nd DCA 2012). M.A.F. is a juvenile, so we only use his initials.

• The Stop: M.A.F. was smoking a cigar. Police ran his name, found a warrant, and arrested him.
• The Seizure: The cops seized his backpack and placed it in the front seat of the patrol car. M.A.F. was cuffed in the back.
• The Discovery: Later, at the jail, police searched the backpack and found weed.
• The Charge: Convicted of Introduction of Contraband into a Detention Facility (a Felony) and Possession.

The Question: How can the kid be convicted of introducing contraband into the jail if:

1. He was already under arrest?
2. The backpack was in the front seat (out of his reach)?
3. The Police Officer was the one who actually drove it onto jail property?

Did the police drive your bag to the jail and then charge you with smuggling?

You didn’t introduce it. They did. Call John today at (407) 423-1117.

The Ruling: No Control = No Introduction

You’re probably tired of me saying this, but “Possession” in this type of case is Constructive Possession. To be guilty, the State must prove two things:

1. Knowledge: That you knew the drugs were there.
2. Control: That you had the ability to maintain dominion and control over them.

Why M.A.F. Won: The Appeals Court reversed the conviction.

• The Logic: Once the officer took the backpack and threw it in the front seat, M.A.F. lost all Control. He was handcuffed behind glass. He could not reach the bag, nor could he stop the officer from driving it into the jail.
• The Result: The State failed to prove the “Control” element. The officer introduced the drugs, not the defendant. Conviction reversed. Have a nice day.

John’s 2026 Update: The “Involuntary Transport” Defense

Note: In 2012, this was about a backpack. In 2026, this defense is vital for everything from Vapes to Fentanyl.

1. The “Involuntary Transport” Defense There is a broader legal argument here that we use often in 2026.

• The Scenario: You have drugs in your pocket. You are arrested for something else (like a warrant). The police drive you to jail. They find the drugs at booking and charge you with “Introduction of Contraband.”
• The Defense: We argue that your entry into the jail was Involuntary. You didn’t choose to walk into the jail; you were dragged there.
• The Warning: Prosecutors now ask: “Do you have anything illegal on you? If you bring it inside, it’s a felony.” If you say “No” and they find it, you lose the defense because you had a chance to surrender it. Always remain silent, but realize that silence might result in the felony charge sticking if it’s found on your body.

2. Body Scanners vs. Backpacks The M.A.F. case works because the bag was separated from him.

• On Your Person: If the drugs are in your pocket, the State argues you did have control.
• The 2026 Tech: Every jail now uses Millimeter Wave Scanners. If you try to sneak it in on your body, they will find it, and the “Involuntary” defense is much harder to win.

3. Vapes are the New “Contraband” In 2026, the most common contraband charge isn’t weed—it’s Nicotine Vapes.

• The Law: Florida statutes now explicitly list “Vapor Generating Devices” as contraband.
• The Strategy: Just like in M.A.F., if your vape was in your purse and the officer took your purse at the scene, you cannot be charged with bringing that vape into the jail. The officer brought it.

Control is Everything

If you are handcuffed in the back of a cruiser, you are not in control of your destiny—or your luggage. Don’t let the State blame you for their transportation decisions.

Call me at (407) 423-1117. Let’s establish who really carried the bag.

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.