“Should I Stay or Should I Go?” – A Passenger’s Rights During a Traffic Stop

By: John Guidry

“Should I stay or should I go now? If I go there will be trouble, and if I stay it will be double” – The Clash

In Orlando, many drug cases start with basic traffic stops. The Orlando Police Department might stop a car for failing to signal a lane change, and suddenly, the officer “notices” the smell of cannabis. The car is searched, and voila—drugs are found.

When drugs are found in common areas of a car occupied by several people, police often struggle to decide who to charge (a legal gray area called “constructive possession”).

But today, we are tackling a different issue: The Passenger’s Dilemma.

Can a passenger leave the scene while the traffic citation is being issued? Must you wait around for a car to be searched? And most importantly, can the police force you to leave your purse or bag behind for a drug dog to sniff?

Was your purse or bag searched illegally during a traffic stop?

Don’t let an unlawful search ruin your record. Call John today at (407) 423-1117.

The Legal Breakdown: State v. Tanner

Let’s look at a Florida case that answers these questions directly: State v. Tanner, 915 So. 2d 762 (Fla. 2d DCA 2005).

Here is the scenario. It sounds like a no-win situation, but the court saw it differently.

• The Stop: The Polk County Sheriff’s Department stopped a car for an expired tag. Robert Holshue was driving; Ms. Tanner was the passenger.
• The Escalation: A drug-sniffing K9 unit arrived. The officer demanded everyone exit the vehicle so the dog could do its job.
• The Attempt to Leave: Tanner exited, grabbed her purse, and began to walk away.
• The Seizure: The officers stopped her and demanded she leave her purse inside the car. Reluctantly, she did.
• The Search: The dog alerted to the purse. Police searched it, found drugs, and arrested her.

The Ruling: The trial court threw out the case, and the appeals court agreed.

Why? Because the police had no legal right to detain Ms. Tanner or her purse.

The court held that:

1. No Reasonable Suspicion: Ms. Tanner did nothing to warrant her individual detention. The traffic stop was for the driver (expired tag), not her.
2. No Suspicion for the Purse: There was no independent “reasonable suspicion” that her purse contained drugs before they forced her to leave it.
3. The Purse is Part of the Person: Forcing her to leave her purse was essentially a seizure of her person. As the court noted, the K9 sniff “did not authorize the deputies to deprive Ms. Tanner of her purse and, under the circumstances, detain her.”

John’s Takeaways

The Tanner case is a powerful tool for defense attorneys in Orange, Seminole, and Volusia County. It establishes that passengers are not just “part of the car.” You have individual rights.

Here is what you need to know if you are the passenger in a stopped car:

• You Are Not the Car: Just because the driver has an expired tag or committed a traffic infraction doesn’t mean you are under investigation. Unless the officer has a specific reason to suspect you of a crime, their authority over you is limited.
• The “Purse” Rule: Your purse, backpack, or personal bag is an extension of your person. If you are asked to exit the vehicle, you generally have the right to take your personal belongings with you. If an officer forces you to leave them behind for a dog sniff without probable cause, that search is illegal.
• “Am I Free to Go?”: If an officer starts focusing on you, ask politely, “Am I being detained, or am I free to go?” If they say you are being detained, ask why.
• The Reality Check: While Tanner says you can leave, do not physically resist an officer on the side of the road. If they order you to leave your purse, do it—but know that they may have just handed us the winning ticket for your defense in court.

Don’t Let “Double Trouble” Happen to You

As The Clash said, “If I go there will be trouble, and if I stay it will be double.”

In the legal world, staying and consenting to a search is often where the “double trouble” begins. If you were forced to leave your belongings to be searched against your will, the State may have violated your Fourth Amendment rights.

Call me at (407) 423-1117. Let’s discuss your defense.

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.