Give your Donut a Bite, but Don’t Make a Meth of It
Written by Moses & Rooth Attorneys at Law on July 28, 2016
It was a typical Friday afternoon for D.R., or at least he thought it was going to be a typical Friday afternoon. He was driving in his car. Stopped into a 7-11. Then left the store and was heading home. Apparently Officers believed that this was a high crime area and D.R. was acting suspicious. That’s when his typical day stopped. Officer McMican, an Orlando Police Officer with eleven years of experience pulled D.R. over for speeding. Now I want to make sure you read that last sentence carefully, Officer McMican has eleven years of law enforcement experience.
Officer McMican asked D.R. to step out of his car and when he did she saw, a rock like substance and through her extensive eleven years of experience knew it was a narcotic. Two other OPD officers assisted in the traffic stop and also found that same rock like substance in between the driver seat and the door area. Supposedly Officer McMican field tested this alleged narcotic and it came back positive for amphetamines. D.R. denied ever using drugs and told the officers that the substance was sugar from his Krispie Kreme Donut. I’m sure all three officers had a good laugh at D.R. saying it was just a glazed donut.
Not so funny anymore. Lab test confirm that the substance was not a controlled substance. I’m sure a taste test would confirm that it was sugar. Also D.R. is now suing for wrongful arrest. So what was D.R. doing at this high crime area, aka the 7-11. Oh, he had just dropped off his elderly neighbor for her weekly chemotherapy session, as he does every Friday, and stopped at the 7-11 to pick up a friend who works there and drive them home.
So according to the police report there were not one, not two, but three officers who saw this rock like substance and believed it to be drugs that turned out to be donuts crumbs. Moral of the story…use a napkin.