When Your Wallet Becomes a Crime Scene: The Truth About “Paraphernalia” in Orlando

By: John Guidry

Cops are experts at taking innocent words or conduct and converting them into something criminal—which is why I always recommend you never talk to them without an attorney. But even if you say nothing, the police can still take your innocent household items and transform them into evidence of a crime.

To understand this, let’s take a look at my mom’s kitchen table. She was a very talented artist, so she has little Ziploc baggies everywhere for beads and jewelry. She also has a weekly pill organizer for her medications and a digital scale for weighing postage. To a rookie cop, this scene—tiny baggies, pills outside their original bottle, a digital scale—is an open-and-shut case for a drug paraphernalia arrest.

The point is, these items are perfectly legal until drugs enter the picture. Only then can they become “drug paraphernalia.” A case right here from the Fifth District takes a closer look at where the legal line is drawn.

Charged with Possession of Drug Paraphernalia in Orlando? A Ziploc baggie or a digital scale is not automatically a crime. The State must prove you intended to use it illegally. Call John Guidry at (407) 423-1117 to discuss your defense.

A Real-World Example: The Case of the Rolled-Up Dollar Bill

The case of Chandler v. State, 41 F.L.W. 861 (Fla. 5th DCA 2/26/2016), began with a simple traffic stop. It’s a classic example of a jury getting caught up in the “typical script” and an appellate court having to step in to fix it.

• The Scene: Police found a bag of methamphetamine on the floorboard near the passenger, Mr. Chandler. They also found a rolled-up dollar bill in his wallet.
• The Verdict: In a move that makes no legal sense, the jury found Chandler not guilty of possessing the meth, but they found him guilty of possessing drug paraphernalia for that rolled-up dollar bill.
• The Appeal: Chandler argued that having money in your wallet—even if it’s rolled up—isn’t a crime. The appellate court agreed and overturned the conviction.

The “Failure of Proof” Defense: The State Must Prove Illicit Intent

How can the State prove an innocent item is actually criminal paraphernalia? The most common way is to test it and find drug residue. But in Chandler’s case, the State “blabbed” without having the facts to back it up.

• No Testing: The State presented no evidence that the dollar bill had even been tested.
• Opinion vs. Fact: The officer testified that, in his opinion, the bill was rolled up to inhale narcotics. The court ruled that an officer’s opinion alone is not enough to prove someone intended to use a common item for an illicit purpose.
• The Scale Standard: They cited Williams v. State, 529 So. 2d 345 (Fla. 1st DCA 1988), where a paraphernalia conviction for a digital scale was overturned because there was no residue.

As of 2024 and 2025, Florida courts (including recent 5th DCA rulings like Baxter v. State) are becoming even more skeptical of these “assumed” crimes, especially as items like scales and baggies are used for legal hemp and medical marijuana.

John’s Takeaways

• Common Items are Not Crimes: Ziploc bags, scales, and currency are legal until the State proves—beyond a reasonable doubt—that they were used for drugs.
• Residue is the Key: Without a positive lab test for drug residue on the specific item, a paraphernalia charge is often a “failure of proof.”
• Intent Matters: Having a scale next to a bag of weed is one thing; having a scale in your kitchen to weigh mail or jewelry is another.
• The 85% Rule: If you are charged over a dollar bill, remember: studies show that up to 90% of U.S. currency contains trace amounts of cocaine. If nearly every bill is “contaminated,” then residue alone doesn’t prove you used it for drugs.
• Regional Reality: Whether you’re in Orange, Seminole, or Volusia, the state will try to stack these “minor” misdemeanor charges to force a plea. We don’t let them.

The justice system is harsh, and it’s “sad but true” that many people take a plea for paraphernalia just to get out of jail, not realizing the charge was legally thin to begin with. If you’ve been charged in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need a trial lawyer who knows how to spot “law enforcement bullshit.”

I’ve been defending the people of Central Florida since 1993. If the State is trying to turn your mom’s beads or your pocket change into a criminal record, give me a call.

Facing these charges? Call John at (407) 423-1117.

About 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.