Can the Cops Pull You Over in Your Own Apartment Parking Lot?

By: John Guidry

Yes, it seems as though nothing is beyond Big Brother’s power. Carry a cell phone around, and your movements can be tracked. Your conversations monitored. Your texts, emails, and banking stuff—all done from your phone—can be tracked. To make matters worse, as we move through 2025, the technology available to law enforcement to disable your phone’s audio/video at will is no longer just a “patent application”—it’s a looming reality for concert promoters, movie theaters, and, unfortunately, police who don’t want bystanders recording their every move. Hold on to those old digital cameras; you might need them someday to catch a “Rodney King” moment the cloud won’t let you save.

The topic for today is: How much police power extends onto private property? Really, that depends on what the police are investigating. In 2025, it doesn’t take much for the government to break down your front door with a search warrant if your I.P. address is flagged for child porn (our modern-day version of the Salem Witch Trials). But what about a simple traffic stop? Can they pull you over for a broken headlight if you’re driving on the private property of your condo or apartment complex?

Stopped for a traffic violation on private property in Orlando? If there’s no written agreement between the complex and the cops, your stop might be illegal. Call John Guidry today at (407) 423-1117.

The Case Study: Nemeth v. State

In the case of Nemeth v. State, 14 Fla. L. Weekly Supp. 334b, we see a potential limitation on government intrusion. Nemeth was driving in his apartment complex when an officer noticed he was driving without headlights. That’s usually a DUI waiting to happen, and this stop did lead to a DUI conviction.

However, Nemeth’s attorney challenged the stop. Here is the legal breakdown:

• The Jurisdiction: Under Florida Statute § 316.640, police have the right to enforce traffic laws on “streets and highways.”
• The Definition: The court found that an apartment parking lot is not a street or highway because it is not “open to use of the public for purposes of vehicular traffic.”
• The Result: Because the State couldn’t prove the parking lot was public (most have “Tow Notices” for non-residents), the officer had no business enforcing a headlight statute there.

The “Written Agreement” Loophole

Under Florida Statute § 316.006(3)(b), an officer can exercise jurisdiction over private roads, but only if the county and the property owner have a written agreement for traffic control. If you’re in a gated community in Orange or Seminole County, the police often have these agreements on file—but not always.

John’s Takeaways

• Crimes vs. Traffic Violations: This “private property” defense only works for simple traffic infractions (broken taillight, no headlights, stop signs). If the officer suspects a crime (like an active DUI or a drug deal), they can stop you anywhere, private property or not.
• The Tow Sign Defense: If your complex has signs that say “Residents Only” or “Unauthorized Vehicles Will Be Towed,” it’s a strong indicator that the road is not a “public thoroughfare.”
• The Written Agreement Check: In 2025, we routinely demand to see the “Traffic Control Agreement” in discovery. If the complex didn’t sign one with the Sheriff, the stop is a total failure of proof.
• Body Cam Evidence: We use 2025 body cam footage to see exactly where the “lights” went on. If you were already deep into your private driveway or a private lot before the stop was initiated, we have a case.
• A Tiny Victory: It’s “sad but true” that our rights are shrinking, but this remains one small area where the “typical script” of a traffic stop can be defeated.

The justice system is harsh, and it’s “insane” how many DUI arrests start with a petty traffic stop in a place where the police shouldn’t even be patrolling. I’ve been defending the citizens of Central Florida since 1993, and I know how to spot when Big Brother has overstepped his bounds.

Whether you’re in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, your private property should mean something. If you’ve been pulled over in your own backyard, give me a call.

Facing a stop on private property? Call John at (407) 423-1117.

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.