ORLANDO, Florida – When a man was pulled over for speeding last December, he didn’t know what he was in for. The man’s daily commute turned into a felony arrest for meth.
The officer found frosting from a donut in the car and mistook it for methamphetamine. Even more convincing, the sample icing used for the drug test also came back positive for meth.
Now the man is suing because his mugshot has been posted all over the internet.
Daniel Rushing filed the lawsuit against the city of Orlando last week and the maker of a roadside drug test kit after giving a false indicator that resulted in his arrest for possession of a drug he did not carry.
Cpl. Shelby Riggs-Hopkins stopped Rushing for speeding but noticed a “rock-like” substance on the floor of the car.
After using the roadside drug kit, Riggs-Hopkins placed Rushing under arrest. The famously flaky icing that came from the Krispy Kreme donut tested positive, sending Rushing off to jail.
Rushing spent ten hours in jail, and the state retested the flakes found in his car. He was cleared of the charge.
However, his mugshot was not cleared and has been posted on the internet for a crime he did not commit.
Rushing alleges the false arrest has defamed him and that the officer did not know how to use the roadside drug kit. Rushing alleges that the tests are known to be unreliable.
DISCLAIMER: Arrests and mugshots were made public by complaint affidavits, arrest affidavits, and police reports. All persons arrested are innocent until proven guilty.
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