“Just Chillin'”: Why Being Nervous and “Looking Suspicious” Is Not a Crime

By: John Guidry

So, you’re probably wondering where Orlando cops find all these drugs to make their quotas, right? At the risk of sounding obvious, drugs are most often found “on” a person or “in” a person’s car.

• The Problem: To get inside your pockets or your car, the police need a legal reason.
• The Trick: When they don’t have a reason, they invent one called “Suspicious Activity.”

Let’s look at a basic, everyday case to figure out how we beat these “hunch-based” stops.

Did the police search you just because you looked nervous or were hanging out?

Nervousness is not probable cause. Call John today at (407) 423-1117.

The Case: Thornton v. State (The Barber Shop Bust)

The case is Thornton v. State, 80 So. 3d 1141 (Fla. 4th DCA 2012).

• The Setup: Detective McLain received an anonymous email about “suspicious activity” near a barber shop that wasn’t open yet. The tip said males with dreadlocks were “congregating.”
• The Scene: Detectives arrived and saw Thornton (who had dreadlocks) hanging out in his car. Other men scattered, but Thornton stayed put.
• The “Furtive Movement”: The detective approached. Thornton looked at his center console, opened it, closed it, and then looked at the cop. When asked, Thornton denied opening it (a lie).
• The Order: Concerned for “officer safety,” the detective ordered Thornton out of the car. He saw Thornton “cup” something in his hand and put it in his pocket.
• The Search: The officer tried to pat him down. Thornton swatted his hand away. He was arrested, and they found Crack Cocaine and $2,000 cash.

The Breakdown: Three Strikes and You’re Out

Thornton was convicted at trial, but the Appeals Court threw out the entire case. Why? Because looking suspicious isn’t enough to detain a citizen.

Strike 1: The Anonymous Tip The police relied on an anonymous email.

• The Law: An anonymous tip must provide specific details of criminal activity, not just innocent activity.
• The Reality: “Congregating” at a barber shop is not a crime. Having dreadlocks is not a crime. As the court noted (citing Butts v. State), a tip that offers nothing more than innocent details of identification is worthless.

Strike 2: Lying is Not a Crime Thornton lied about opening the console. He was also “nervous and fidgety.”

• The Law: Being nervous around police is natural. Lying to a police officer during a consensual encounter (about something non-material like opening a console) is not a crime.“Officer lacked reasonable suspicion based on defendant telling a lie… because lying is not a crime.” — Johnson v. State

Strike 3: The Order to Exit The moment the officer ordered Thornton out of the car, it became a Detention.

• The Ruling: Because the officer had no “Reasonable Suspicion” of a crime (see Strikes 1 & 2), the order to get out of the car was illegal. Since the order was illegal, the swatting of the hand and the discovery of the drugs were “Fruit of the Poisonous Tree.”

John’s 2026 Update: Predictive Policing & AI Tips

Note: In 2012, the tip came from a nosy neighbor. In 2026, the tip comes from a computer.

1. Predictive Policing (The AI Tip) In 2026, departments use software like PredPol or ShotSpotter to send units to “High Crime Areas.”

• The Defense: If an officer stops you solely because “The Algorithm said this is a drug zone,” we use Thornton. An algorithm is just a fancy anonymous tip. It cannot predict your individual behavior. Being in a “predicted” hot spot is just like “congregating”—it is not a crime.

2. High-Def “Furtive Movements” In Thornton, the cop claimed he saw the console open. In 2026, 4K Body Cams record everything.

• The Strategy: We pull the video. Often, the “furtive movement” described by the cop (reaching for a weapon) turns out to be you reaching for your phone or seatbelt. If the video contradicts the “Officer Safety” claim, the order to exit becomes illegal.

3. Don’t Swat the Hand Thornton got lucky because the initial stop was bad.

• The Warning: In 2026, if you swat an officer’s hand, they will likely charge you with Battery on LEO (a violent felony) rather than just Resisting Without Violence. If the charge involves violence, it is much harder to get dismissed, even if the stop was illegal. Never physically resist. Fight it in court, not on the street.

Don’t Let Them Invent a Reason

Police are experts at turning “nothing” into “something.” They take a harmless lie or a nervous twitch and call it “Reasonable Suspicion.” We take the facts and call it an Illegal Detention.

Call me at (407) 423-1117. Let’s suppress the search.

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.