The Speed Trap of the Constitution: Why You Can’t Flee an Illegal Traffic Stop

By: John Guidry

Our criminal justice system punishes two parties: the government and the citizens.

• Citizens get punished when they break the law.
• The Government gets punished when they break the law to obtain evidence (illegal searches).

Theoretically, we criminal defense lawyers get to “suppress” illegally obtained evidence to teach the government a lesson. But what happens when the government tries to pull you over illegally, and you decide not to stop?

The Conflict: Can you be convicted of a felony for fleeing a police officer who had no legal right to stop you in the first place? The Answer: According to Florida courts, YES.

Did you get charged with Fleeing because you didn’t pull over fast enough? “Cop Time” is faster than real time. Call John today at (407) 423-1117.

The Case: State v. Kirer (The Slow-Motion Chase)

In State v. Kirer, 120 So. 3d 60 (Fla. 4th DCA 2013), the defendant was leaving a vacant house.

• The Stop: A deputy saw him leaving and decided it was “suspicious.” (Note: Being “suspicious” is not a crime). The deputy turned on his lights, sirens, and P.A. system.
• The “Chase”: Kirer didn’t speed. He didn’t run stop signs. He drove under 10 MPH for less than five minutes.
• The Charge: He was arrested for Felony Fleeing and Eluding.

The Defense Argument: Kirer’s lawyer argued that the initial stop was illegal. Since the officer had no “Reasonable Suspicion” that a crime had occurred, he had no right to turn on his lights. Therefore, everything that happened after the lights went on (the fleeing) should be suppressed as “Fruit of the Poisonous Tree.”

• The Trial Court: Agreed. Case suppressed.

The Ruling: The “New Crime” Exception

The State appealed, and the Appeals Court reversed the suppression. Why? Because they applied the “New Crime” Doctrine.

• The Logic: Even if the stop was illegal, the act of fleeing is a new, independent crime. The Court reasoned that you do not have the right to disobey a police command, even an illegal one.“The legality of the initial action by the police became irrelevant when the defendant committed the crime of fleeing and attempting to elude.”

The Dissent (The Voice of Reason): This ruling waters down the Constitution. As Judge Cowart famously argued in a similar case (Green v. State):

“To allow the State to benefit from unconstitutional police action is to encourage that action… A citizen either does not have a constitutional right to not stop or does not have a constitutional right to assert his constitutional right to not stop.”

Unfortunately, the courts have decided: You cannot litigate the stop on the side of the road. If you run, you lose your right to challenge the stop later.

John’s 2026 Update: GPS Darts & The “Safe Harbor” Defense

Note: In 2013, Kirer drove for 5 minutes. In 2026, the chase ends in 5 seconds with a GPS tag.

1. StarChase (GPS Darts) Police departments in Orlando now use StarChase technology.

• The Tech: A compressed-air launcher on the front of the patrol car shoots a sticky GPS tracker onto your bumper.
• The Consequence: Once the dart hits you, the officer turns off his lights and backs off. If you keep driving, you are still “Fleeing and Eluding,” but now they have a digital map of your exact route to prove you failed to stop.

2. The “Safe Harbor” Defense Florida law allows you to drive to a “Safe, Well-Lit Location” before stopping.

• The 2026 Problem: With GPS darts, the State argues that once they backed off (after tagging you), you were no longer in danger, so you should have stopped immediately. If you drive 5 miles to a gas station after being tagged, they argue that was excessive.

3. “Cop Time” vs. “Spacetime” The statute doesn’t say how long you have to stop.

• The Reality: To a frustrated cop on a P.A. system, 30 seconds feels like 30 minutes. We use Dash Cam Audio timestamps to prove to the jury that you actually stopped within a reasonable time, contradicting the officer’s “subjective” timeline.

Stop First, Suppress Later

The lesson from Kirer is clear: If blue lights come on, PULL OVER. Even if you know you did nothing wrong. Even if the cop is violating your rights. If you stop, we can fight the illegal stop in court and win. If you run, you commit a new crime that erases the officer’s mistake.

Call me at (407) 423-1117. Let’s fight the stop, not the chase.

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.