Man sues city after being arrested for meth when it turned out to be icing on glazed donuts
ORLANDO, Fla. - Icing from a Krispy Kreme doughnut landed Dan Rushing in jail after Orlando police mistook it for methamphetamine, and as a result, Rushing is suing the city.
“They showed me four little pieces, smaller than your fingernail, of icing from a Krispy Kreme doughnut I'd eaten previously,” Rushing said.
The lawsuit Rushing filed on Friday is not only against the city of Orlando, it’s against Safariland, the company behind the test.
The arrest happened in July. Orlando police pulled Rushing over for speeding and searched his car.
When officers found dried icing in his car, they thought it was meth and arrested him.
“I get one glazed every other Wednesday,” said Rushing.
Orlando police said the icing tested positive twice for meth.
“I said 'That's icing from a Krispy Kreme glazed doughnut,' and they went, ‘No. That's drugs,’” said Rushing.
Rushing said that he insisted the substance was sugar.
“They took me to jail. I was there about 11 hours. (They) strip-searched me,” said Rushing.
Rushing said the amount of icing could barely fit on the nail of a pinky finger. He was surprised officers saw it, especially since it was in pieces scattered on the floor of his car.
The Florida Department of Law Enforcement later tested the icing and found that it contained “no controlled substances.”
Prosecutors didn't pursue the drug charge.
The lawsuit claims the officer was not properly trained to use the test, and the product was defective or unreliable.
http://www.actionnewsjax.com/news/trending-now/man-suing-city-after-doughnut-icing-tests-positive-for-meth-during-florida-traffic-stop/459549027
More proof these field drug tests police love to use are not reliable. It's why when an officer asks if they can search your car, you never agree to it. They have to have probable cause of illegal activity to do a search. If they don't have that probable cause and you refuse the search, then the search would be illegal.
If you agree to a search, you pretty much forfeit your 4th amendment rights.
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