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Police Arrest Florida Man, Claiming Donut Glaze Was Crystal Meth

RogueWarrior

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You would think, that of all people, cops would know the difference. :lol:

Cops mistook Krispy Kreme doughnut glaze for meth, Orlando man says - Orlando Sentinel

Daniel Rushing treats himself to a Krispy Kreme doughnut every other Wednesday. He used to eat them in his car.
Not anymore.
Not since a pair of Orlando police officers pulled him over, spotted four tiny flakes of glaze on his floorboard and arrested him, saying they were pieces of crystal methamphetamine.
The officers did two roadside drug tests and both came back positive for the illegal substance, according to his arrest report.
He was handcuffed, arrested, taken to the county jail and strip searched, he said.
A state crime lab, however, did another test several weeks later and cleared him.
"It was incredible," he said. "It feels scary when you haven't done anything wrong and get arrested. … It's just a terrible feeling."
Arrest Report/Lab Results: Orlando officer mistook doughnut glaze for meth




This is really stupid and outrageous.
A road side test that often has false positives....wtf

I wonder how they managed to search the car? Do they just ask the guy, and being an upstanding pro police guy, he obliged?
Do they bully him into doing? Do they have a K9 also smell for drugs?
 

TheGoverness

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I didn't know Krispy Kreme donuts were Schedule II controlled substances.
 

dimensionallava

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You would think, that of all people, cops would know the difference. :lol:

Cops mistook Krispy Kreme doughnut glaze for meth, Orlando man says - Orlando Sentinel






This is really stupid and outrageous.
A road side test that often has false positives....wtf

I wonder how they managed to search the car? Do they just ask the guy, and being an upstanding pro police guy, he obliged?
Do they bully him into doing? Do they have a K9 also smell for drugs?

the sight of the donut glaze would qualify as probable cause under US law and gives the officer the right to search.

So this means refusing to let an officer search your car after he has spotted donut glaze in your car is considered resisting arrest and is a felony punishable by up to 5 years in prison
 

Captain Adverse

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These field tests don't seem to be very accurate:

Soap has been positively identified as the date-rape drug, GHB, candy has been confused for meth, and mints have been allegedly mistaken for crack cocaine.

Field Drug Tests Confuse Candy for Meth, Cause Serious Concern

I wonder which type they used.

I also found it funny that the officer characterized his search with this statement:

I observed in plain view a rock like substance on the floor board where his feet were. I recognized, through my eleven years of training and experience as a law enforcement officer the substance to be some sort of narcotic.

Arrest Report/Lab Results: Orlando officer mistook doughnut glaze for meth - Orlando Sentinel (page 2 of arrest report).

This has been a major problem when initiating a for-cause vehicle search and seizure based on the "officer experience" justification. They can and do make mistakes, and push the envelope to justify those mistakes leading to just this sort of error. If they think it is something, they will convince themselves it is.

This is why you NEVER consent to searches, and if you are ever asked to step out of the car make sure your windows are rolled up, take the keys, and lock the door behind you.
 
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PirateMk1

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These field tests don't seem to be very accurate:



Field Drug Tests Confuse Candy for Meth, Cause Serious Concern

I wonder which type they used.

I also found it funny that the officer characterized his search with this statement:



Arrest Report/Lab Results: Orlando officer mistook doughnut glaze for meth - Orlando Sentinel (page 2 of arrest report).

This has been a major problem when initiating a for-cause vehicle search and seizure based on the "officer experience" justification. They can and do make mistakes, and push the envelope to justify those mistakes leading to just this sort of error. If they think it is something, they will convince themselves it is.

This is why you NEVER consent to searches, and if you are ever asked to step out of the car make sure your windows are rolled up, take the keys, and lock the door behind you.

If you have an electronic door lock leave the keys in the car. Otherwise they still have access to your vehicle.
 

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I didn't know Krispy Kreme donuts were Schedule II controlled substances.

They ought to be schedule 3 to save humanity from their abominations they call donuts.
 

Grand Mal

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You would think, that of all people, cops would know the difference. :lol:

Cops mistook Krispy Kreme doughnut glaze for meth, Orlando man says - Orlando Sentinel






This is really stupid and outrageous.
A road side test that often has false positives....wtf

I wonder how they managed to search the car? Do they just ask the guy, and being an upstanding pro police guy, he obliged?
Do they bully him into doing? Do they have a K9 also smell for drugs?

Two cops didn't recognize donut glaze? I call bull***t
 

PirateMk1

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the sight of the donut glaze would qualify as probable cause under US law and gives the officer the right to search.

So this means refusing to let an officer search your car after he has spotted donut glaze in your car is considered resisting arrest and is a felony punishable by up to 5 years in prison

No its not. What planet you live on? You have the absolute right to refuse the search, and ought to every time. You are not interfering with anything by exercising your rights. Any lawyer would tell you this. If they claim probable cause or whatever just step aside and say for the record you object. If they are searching your vehicle you are probably already sitting handcuffed in the cruiser anyhow in most jurisdictions.
 

dimensionallava

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No its not. What planet you live on? You have the absolute right to refuse the search, and ought to every time. You are not interfering with anything by exercising your rights. Any lawyer would tell you this. If they claim probable cause or whatever just step aside and say for the record you object. If they are searching your vehicle you are probably already sitting handcuffed in the cruiser anyhow in most jurisdictions.

are you sure? are you willing to get tased over it?
 

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If you have an electronic door lock leave the keys in the car. Otherwise they still have access to your vehicle.

Absent probable cause or your permission, they can't even try. Even then, unless they arrest you they can't use your car keys.

But if they want to get into your car, they will get into your car. They have to get a search warrant or tow your car and then try for an "inventory search" before storage.

If it comes to that point you should be keeping your mouth shut except to refuse vehicle searches and ask for an attorney.

3. If a police officer asks you to exit your car, roll your window up, exit the car and immediately close the car door. Lock the car door and place your keys in your pocket. If passengers are asked to exit the car, tell them to do the same thing.
Know Your Rights | Jay K. Ramey Attorney at Law

This is from an attorney site in a State where I don't reside. Pretty standard legal advice if asked to exit a car.
 
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Kobie

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Two cops didn't recognize donut glaze? I call bull***t

LOL.

Officer 1: "Is this meth?"
Officer 2: "Nope, that's from Jones' Donuts down on 4th Street. I'd recognize that caramelization anywhere. Get back to the car, rookie, and set the GPS for Jones' Donuts on 4th Street."
 

PirateMk1

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are you sure? are you willing to get tased over it?

Did you read the part where you step aside while saying you object to their search? Why would you be tased if you are not interfering?

When I am asked to step out of my vehicle I lock my doors and the keys in the vehicle because I have electronic entry. If they want to search they have to get a lock smith. One of my vehicles doesn't even have key locks just electronic locks.
 

Captain Adverse

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the sight of the donut glaze would qualify as probable cause under US law and gives the officer the right to search.

So this means refusing to let an officer search your car after he has spotted donut glaze in your car is considered resisting arrest and is a felony punishable by up to 5 years in prison

I think you are confusing a couple of things here.

First, the sight of "donut glaze" does not rise to the level of probable cause.

In point of fact, reviewing the arrest report it was the officer's "reasonable suspicion" that prompted his request to search the car (see my post #5). Had the driver refused the officer would have had to obtain a search warrant, or find a justification to tow the car and conduct an "inventory search" at the impound site. He could detain the driver until drug sniffing dogs inspected the car.

Probable Cause to Search and Seize Evidence (vs) Reasonable Suspicion

Probable cause to search for evidence or to seize evidence requires that an officer is possessed of sufficient facts and circumstances as would lead a reasonable person to believe that evidence or contraband relating to criminal activity will be found in the location to be searched. As with an arrest, if an officer cannot articulate the facts forming the basis for probable cause, the search and seizure will not hold up in court.

Reasonable suspicion is a standard established by the Supreme Court in a 1968 case in which it ruled that police officers should be allowed stop and briefly detain a person if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity. The officer is given the opportunity to freeze the action by stepping in to investigate. Unlike probable cause that uses a reasonable person standard, reasonable suspicion is based upon the standard of a reasonable police officer.
Definitions Of Probable Cause Vs. Reasonable Suspicion

Second, refusing a search is not "resisting arrest." You are not required to actively assist, you are merely required not to actively resist. You don't have to surrender your keys unless you are actually under arrest. In that case if they take them you can't resist other than to keep stating you have not agreed to a search and you want a lawyer.
 
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Mr Person

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These field tests don't seem to be very accurate:



I don't have the article I recall at hand, but for example there's a massive state-wide Scandal in Texas. TONS of people pled guilty to charges because field tests found that various things they had were illicit substances, AND they would have otherwise have had to spend several months in jail before a trial at which they could prove the substance was not illegal (ie, sugar or baking powder that spilled). But, someone connected with the state lab system who was conscientious started testing samples from these closed cases where people had pled guilty and proved that the field tests were wrong.

I forget what the percentage failure rate has been in field tests, but it's extremely high.




More victims of our tremendously foolish "war on drugs"
 
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