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Title: Cops Mistake Krispy Kreme Donuts for Meth, Throw Innocent 64-yo Man in Jail, Strip Search Him
Source: Free Thought Project
URL Source: http://thefreethoughtproject.com/kr ... lice-meth/#2DyPEq180VqXqAdw.99
Published: Jul 28, 2016
Author: Matt Agorist
Post Date: 2016-07-28 10:14:25 by Deckard
Keywords: None
Views: 977
Comments: 41

Orlando, FL — Thanks to the highly flawed means of testing for drugs and incompetent armed agents of the state enforcing immoral drug laws, a man’s donut got him arrested, strip searched, thrown in a cage and drug charges.

Tens of thousands have been convicted and served time — even earning the black mark of a felony — for crimes they likely didn’t commit, a recent report found, because the cases against them relied on horribly unreliable field drug test kits.

So prone to errors are the tests, courts won’t allow their submission as evidence. However, their continued use by law enforcement — coupled with a 90 percent rate at which drug cases are resolved through equally dubious plea deals — needlessly ruins thousands of lives.

Daniel Rushing, of Orlando, is one of these people.

Last December, Rushing, 64, was bringing his friend to his weekly chemotherapy session when he was stopped by police for the alleged ‘crime’ of not stopping all the way before pulling out of a gas station.

This routine revenue generating stop would quickly descend into a nightmare after this highly trained police officer would see the crumbs of a Krispy Kreme donut on Rushing’s floor board.

The officer, Cpl. Shelby Riggs-Hopkins spotted “a rock like substance on the floor board where his feet were,” she wrote, according to a report in the Orlando Sentinel.

Her ‘professional’ training that has taught her how to identify all the substances deemed illegal by the state immediately set off alarms.

“I recognized through my eleven years of training and experience as a law enforcement officer the substance to be some sort of narcotic,” she wrote.

Rushing, who is a concealed carry permit holder told the officer that there was a weapon in the car. Luckily he was not shot. However, he was asked to step out of the car and then the officer asked to search his vehicle.

Rushing, knowing that he had nothing to hide, agreed to the search. Even though Rushing had nothing to hide, he should have never agreed to a search as this is rule number one when dealing with police during a traffic stop.

After the fact, however, Rushing realized his mistake in allowing the officer to rummage through his car. “I didn’t have anything to hide,” he said. “I’ll never let anyone search my car again.”

Riggs-Hopkins and other officers spotted three other pieces of the suspicious substance in his car, according to the report.

“I kept telling them, ‘That’s … glaze from a doughnut. … They tried to say it was crack cocaine at first, then they said, ‘No, it’s meth, crystal meth.'”

The arrest report even noted Rushing pleaded with officers to tell them it was donut crumbs. However, they just knew that this 64-year-old man, with no criminal record, was some drug kingpin transporting meth by dropping tiny bits of it on his carpet.

“Rushing stated that the substance is sugar from a Krispie Kreme Donut that he ate,” Riggs-Hopkins wrote.

Officers then tested the Krispy Kreme crumbs with their criminally unreliable field test kits and received not one but two positive results.

As the Free Thought Project has previously reported, the director of a lab recognized by the International Association of Chiefs of Police for forensic science excellence has called field drug testing kits “totally useless” due to the possibility of false positives. In laboratory experiments, at least two brands of field testing kits have been shown to produce false positives in tests of Mucinex, chocolate, aspirin, chocolate, and oregano. Some of these kits even return a positive when completely empty.

According to the Orlando Sentinel, Riggs-Hopkins booked him into the county jail on a charge of possession of methamphetamine with a firearm. He was locked up for about 10 hours before his release on $2,500 bond, he said.

“I got arrested for no reason at all,” he said.

After being kidnapped and caged because of the incompetence of police officers and the brutal drug war, Rushing has decided to sue. He will undoubtedly win and the taxpayers will be held accountable — not the police officers.

When asked how many other road-side drug tests have produced false positive results by the Orlando Sentinel, an OPD spokeswoman wrote, “At this time, we have no responsive records. … There is no mechanism in place for easily tracking the number of, or results of, field drug testing.

As police across the US scramble to push the war on cops narrative and note that only criminals dislike the police, thousands of cases like this one play out every year. Instead of rectifying a broken system, the overwhelming majority of police and politicians ignore the problems created by the war on drugs and choose to increase force instead.

Until we bring an end to the war on drugs, innocent people like Bernstein and Cruz will continue to be targetted and continue to be kidnapped, caged, or killed — for no other reason than cops looking for arbitrary substances.

Next time someone says, “if you don’t break the law, you have nothing to fear,” show them this incident which completely destroys that dangerously ignorant narrative.

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Begin Trace Mode for Comment # 23.

#1. To: Deckard (#0)

"have been shown to produce false positives in tests of Mucinex, chocolate, aspirin, chocolate, and oregano"

And chocolate. But no false positives on Krispy Kreme donuts.

"After being kidnapped and caged because of the incompetence of police officers"

They ran two separate drug tests and both were positive. How were they incompetent?

misterwhite  posted on  2016-07-28   10:51:29 ET  Reply   Untrace   Trace   Private Reply  


#2. To: misterwhite (#1)

They ran two separate drug tests and both were positive. How were they incompetent?

The tests are faulty, yet cops continue to use them.

It's either incompetence or they are knowingly arresting innocent citizens.

Deckard  posted on  2016-07-28   11:15:24 ET  Reply   Untrace   Trace   Private Reply  


#3. To: Deckard (#2)

"The tests are faulty, yet cops continue to use them."

IF (and that's a big IF) the tests are faulty, that's not the cop's fault. Sue the maker of the testing kit.

You're too f**king quick to always blame the cops.

misterwhite  posted on  2016-07-28   11:29:06 ET  Reply   Untrace   Trace   Private Reply  


#4. To: misterwhite (#3)

IF (and that's a big IF) the tests are faulty, that's not the cop's fault. Sue the maker of the testing kit.

You're too f**king quick to always blame the cops.

Some blame also goes to whoever chose those test kits for police use; it's not improbable that this person(s) is in the employ of the police department.

ConservingFreedom  posted on  2016-07-28   13:17:51 ET  Reply   Untrace   Trace   Private Reply  


#6. To: ConservingFreedom (#4)

"it's not improbable that this person(s) is in the employ of the police department."

Or this person(s) lives next door to someone who knows somebody in the police department. So there's your connection.

misterwhite  posted on  2016-07-28   14:23:09 ET  Reply   Untrace   Trace   Private Reply  


#7. To: misterwhite (#6)

"it's not improbable that this person(s) is in the employ of the police department."

Or this person(s) lives next door to someone who knows somebody in the police department.

Do you really want to go on record as claiming these are comparably probable?

ConservingFreedom  posted on  2016-07-28   15:55:01 ET  Reply   Untrace   Trace   Private Reply  


#9. To: ConservingFreedom (#7)

"Do you really want to go on record as claiming these are comparably probable?"

Oh, no. Mine is much more likely. Moot point. I didn't post that with the intent of making it comparably probable.

misterwhite  posted on  2016-07-28   17:26:17 ET  Reply   Untrace   Trace   Private Reply  


#10. To: misterwhite (#9)

Some blame also goes to whoever chose those test kits for police use; it's not improbable that this person(s) is in the employ of the police department.

Or this person(s) lives next door to someone who knows somebody in the police department. So there's your connection.

Do you really want to go on record as claiming these are comparably probable?

I didn't post that with the intent of making it comparably probable.

Just the intent of muddying the waters.

ConservingFreedom  posted on  2016-07-28   17:31:08 ET  Reply   Untrace   Trace   Private Reply  


#11. To: ConservingFreedom (#10)

"Just the intent of muddying the waters."

Me? You're the one trying to turn this into a conspiracy. So what if the buyer works for the police department? The kits were defective.

misterwhite  posted on  2016-07-28   17:41:58 ET  Reply   Untrace   Trace   Private Reply  


#19. To: misterwhite (#11)

So what if the buyer works for the police department? The kits were defective.

Presumptive test kits are not intended to test positive only on the target substance. It will test positive for a limited number of substances. This is not proof that the kits are defective. A positive result provides probable suspicion that the target substance in present and justifies a definitive test being run.

People keep saying police, police, police, so I will add that if it is your friendly customs inspector doing a routine inspection of your bags and he encounters what he suspects to be contraband, and a presumptive field test cannot rule out said contraband, it serves to have him dig in and perform an examination of your bags, rather more intrusive than an inspection. A drug dog may join in as well.

nolu chan  posted on  2016-07-29   15:11:43 ET  Reply   Untrace   Trace   Private Reply  


#20. To: nolu chan (#19)

Presumptive test kits are not intended to test positive only on the target substance. It will test positive for a limited number of substances. This is not proof that the kits are defective. A positive result provides probable suspicion that the target substance in present and justifies a definitive test being run.

Probable cause exists only if the substances that cause positive results are meaningfully "limited". Given the prevalence of sugar, it's far from clear that a test result of meth-or-sugar is probable cause for an arrest as happened in the case in question.

ConservingFreedom  posted on  2016-07-29   16:30:29 ET  Reply   Untrace   Trace   Private Reply  


#22. To: ConservingFreedom (#20)

[nolu chan #19 Presumptive test kits are not intended to test positive only on the target substance. It will test positive for a limited number of substances. This is not proof that the kits are defective. A positive result provides probable suspicion that the target substance in present and justifies a definitive test being run.

[ConservingFreedom #20] Probable cause exists only if the substances that cause positive results are meaningfully "limited". Given the prevalence of sugar, it's far from clear that a test result of meth-or-sugar is probable cause for an arrest as happened in the case in question.

[From Orlando Sentinel]

http://www.orlandosentinel.com/news/breaking-news/os-cop-mistook-doughnut-glaze-for-meth-20160727-story.html

According to FDLE, an analyst in its Orlando crime lab did not try to identify what police found in his car. She only checked to determine whether it was an illegal drug and confirmed that it was not.

The lab only tested to confirm or deny the presence of illegal drugs. There is no result saying that the substance was sugar.

Your claim that "probable cause exists only if the substances that cause positive results are meaningfully 'limited,'" is contrary to a few decades of established law.

An experienced officer who finds what he believes is contraband has probable cause to arrest. She does not need a presumptive drug test to have probable cause, but in this case she had that too.

As it transpired, she did not have enough for a prosecution or conviction.

See Maryland v. Pringle, 540 US 366 (2003)

It is uncontested in the present case that the officer, upon recovering the five plastic glassine baggies containing suspected cocaine, had probable cause to believe a felony had been committed.

Just finding suspected cocaine is probable cause to believe a crime has been committed.

And the court concluded,

We hold that the officer had probable cause to believe that Pringle had committed the crime of possession of a controlled substance. Pringle’s arrest therefore did not contravene the Fourth and Fourteenth Amendments.

In footnote 2, the court stated,

Brinegar v. United States, 338 U. S. 160, 175–176 (1949) (“Probable cause exists where ‘the facts and circumstances within their [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed”).

State v. Jackson, 161 Wis.2d 527 (Wis. 1991) was a case involving a presumptive positive result without a confirming test result. It found insufficient evidence for the proof required at trial, but probable cause for the initial arrest.

(Dismissing petition to review 157 Wis.2d 264, 459 N.W.2d 260 (Ct.App. 1990).)

STEINMETZ, J.

When the court accepted this petition for review by the state of Wisconsin subsequent to an unpublished court of appeals decision, the court believed two issues existed pursuant to sec. 809.62, Stats., which sets forth the criteria for accepting petitions. On review, it is obvious that the only question presented pertains to the sufficiency of the evidence. We now determine the petition for review was improvidently granted.

In accepting the petition for review, the court believed it would be presented with evidence that the particular field test for cocaine used by the police, a version of the cobalt thiocyanate test, offered improved reliability and accuracy over other field tests such that the positive result from the test might in itself be sufficient to support a conviction for possession of the drug. No such evidence was presented; in fact, the state now concedes that the cobalt thiocyanate test is nonspecific and at most raises a presumption of the presence of cocaine.

In addition, the nonspecific character of cobalt thiocyanate test results notwithstanding, the court believed it would be presented with circumstantial evidence which, combined with the positive field test result, might have been sufficient to meet the state's burden of proof. See State v. Wind , 60 Wis.2d 267, 208 N.W.2d 357 (1973). The circumstantial evidence the court received, however, did not in any way support a determination as to the nature of the substance in question.

The evidence presented by the state may have been sufficient for a finding of probable cause. However, it does little to prove beyond a reasonable doubt an element of a crime which would be necessary for a valid conviction, i.e., that the substance recovered was cocaine.

By the Court. — The petition for review is dismissed.

nolu chan  posted on  2016-07-30   21:57:56 ET  Reply   Untrace   Trace   Private Reply  


#23. To: nolu chan (#22)

There is no result saying that the substance was sugar.

Which further weighs against the test kit being meaningfully "limited".

An experienced officer who finds what he believes is contraband has probable cause to arrest. She does not need a presumptive drug test to have probable cause

We were discussing whether test kits provided probable cause; you: "A positive result provides probable suspicion".

ConservingFreedom  posted on  2016-07-30   22:17:51 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 23.

#24. To: ConservingFreedom (#23)

Which further weighs against the test kit being meaningfully "limited".

That make-believe bullshit falls to the court opinions in #22 which you are evading.

nolu chan  posted on  2016-07-31 23:58:11 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 23.

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