“Whatever Happened to Detective Work?”: Why Being Near Drugs in a Hotel Room Isn’t Enough

By: John Guidry

What ever happened to the days of actual police work? Actual investigations?

At times, it seems as though we can only see such investigations on TV reruns of Sherlock Holmes.

I can’t tell you how many times, here in Orlando, we criminal defense attorneys run across sloppy police work.

• The Report: Officers write “Drugs found near defendant.”
• The Attitude: “So what? That’s all we got.”
• The Reality: Mere proximity is not enough to prove possession.

Fortunately, our Florida court system still requires some investigation. Such was the case in Sundin v. State, 27 So. 3d 675 (Fla. 2d DCA 2009).

Did police charge you for drugs found in a room you didn’t rent?

You might be a “Mere Visitor.” Call John today at (407) 423-1117.

The Case: Sundin v. State (The Nightstand Defense)

The Facts:

Sundin was observed going in and out of a motel room to smoke cigarettes on the balcony.

• The Entry: Police had an active warrant for Sundin, so they entered the room.
• The Scene: They found Sundin lying on one of the beds.
• The Evidence: A glass pipe (crack cocaine) was on the nightstand, within arm’s reach (about 1 foot away).
• The Catch: There were other people in the motel room.

The Conviction:

Sundin was convicted of Possession of Cocaine and Paraphernalia based solely on the fact that he was lying next to it.

The Ruling: Proximity $\neq$ Control

The Court overturned Sundin’s conviction.

Why? Because the police failed to do their homework.

• The Law: In a shared space (like a hotel room), the State must prove Constructive Possession (Knowledge + Control).
• The Failure: The detective saw Sundin entering and exiting, but:
  1. Did not see him use a key.
  2. Did not check the hotel registry to see if he rented the room.
  3. Did not prove he had control over the nightstand vs. the other people in the room.

The Court’s Words:

“The State established that the pipe was within Sundin’s ready reach but failed to establish that Sundin had control over the pipe or room… The State’s evidence at best establishes that Sundin was a visitor.”

The Lesson:

Unless the police prove you are the owner or renter of the room, you are just a visitor. And visitors are not automatically responsible for the contraband on the nightstand.

John’s 2026 Update: The Digital Key & DNA

Note: In 2009, police failed to check for a physical key. In 2026, they check your phone.

1. The Digital Key Evidence

In 2026, most major hotel chains use Digital Keys (Bluetooth unlock via App).

• The Trap: If the police seize your phone and see the “Hilton Honors” app with a digital key active for Room 221, the Sundin defense gets weaker. That digital key proves you had Dominion and Control over the room, making it harder to claim you were “just visiting.”

2. Touch DNA (Still Too Expensive)

Just like in 2009, police in 2026 rarely test drug pipes for DNA in simple possession cases.

• The Strategy: We highlight this. “Ladies and gentlemen of the jury, the State has a multi-million dollar lab, yet they couldn’t be bothered to swab this pipe to see if my client actually touched it?”

3. Body Cam “Room Scans”

Officers now use Body Cams to do a “Room Scan” immediately upon entry.

• The Defense: We use this video to show commingling. If the video shows women’s clothing on the floor but the defendant is a man, or multiple luggage bags, we argue that the “Zone of Control” was polluted by others.

Demand an Investigation

The police don’t get to take shortcuts just because you were the easiest person to arrest. If they didn’t check the registry, didn’t check for fingerprints, and didn’t prove you lived there, they didn’t do their job.

Call me at (407) 423-1117. Let’s inspect 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.