Mints Believed To Be Crack Land Man In Jail

[MechAg94]

http://www.wftv.com/irresistible/20435114/detail.html

Mints Believed To Be Crack Land Man In Jail

Posted: 5:27 pm EDT August 17, 2009Updated: 11:30 am EDT August 19, 2009
KISSIMMEE, Fla. -- A man is suing the Kissimmee Police Department for an arrest over mints. When officers pulled Donald May over for an expired tag, they thought the mints he was chewing were crack and arrested him.

May told Eyewitness News they wouldn't let him out of jail for three months until tests proved the so-called drugs were candy.

May said he was just minding his business, driving home from work, when a Kissimmee police officer pulled him over near 192.

"I don't know how it occurred," he said.

May was pulled over for an expired tag on his car. When the officer walked up to him, he noticed something white in May's mouth. May said it was breath mints, but the officer thought it was crack cocaine.

"He took them out of my mouth and put them in a baggy and locked me up [for] possession of cocaine and tampering with evidence," May explained.

The officer claimed he field-tested the evidence and it tested positive for drugs. The officer said he saw May buying drugs while he was stopped at an intersection. He also stated in his report May waived his Miranda rights and voluntarily admitted to buying drugs.

May said that never happened.

"My client never admitted he purchased crack cocaine. Why would he say that?" attorney Adam Sudbury said.

May was thrown in jail and was unable to bond out for three months. He didn't get out until he received a letter from the Florida Department of Law Enforcement and the State Attorney's Office that test results showed no drugs were found.

"While I was sitting in jail I lost my apartment. I lost everything," he said.

While May was behind bars, the Kissimmee Police Department towed his car and auctioned it off. He lost his job and was evicted. Now May is suing the city for false arrest and false imprisonment. He wants to be compensated for the loss of his car and job.

May's attorney and the city of Kissimmee discussed a possible settlement last year, but failed to reach an agreement.

Copyright 2009 by wftv.com. All rights reserved.

I hope this one doesn't go off the deep end too quick.  I am sure this is one side of it.  I doubt the police department commented too much.  I saw it on Preacherman's blog.  I guess I have a few thoughts regarding this.

1.  Articles like this really impress upon me how mistakes or misunderstandings with police can thoroughly and completely wreck your life.  I don't know if there were other circumstances with this individual at the time he was pulled over, but it is pretty serious business and makes me thankful that I have never been arrested for anything. 

2.  Would it do any good or be good to require by law that all police officers wear microphones that are recorded during any time where they interact with anyone while on duty?  IMO, if the officer had that option during this stop and chose not to use it, it puts into question anything he claims regarding the traffic stop.  At least as a juror, I would have that attitude.  If it was recorded, all those admissions and waiving of rights claimed in the article would be on tape.  When I served on a jury for a murder trial, the suspect gave a taped confession.  The officer conducting the interview was very clear and careful when he covered that part of the interview.  I guess it makes all sorts of sense to me and I can't see why it would be a bad thing.

3.  What is the "field test" for crack cocaine and why does it have any weight at all when lab testing takes months?  It seems to me he could have held the guy there a couple hours and it would have been obvious very fast if he was chewing on crack cocaine. 

[Angel Eyes]

Police claim they saw him buy drugs.  It's possible that he bought the mints from a dealer, believing them to be crack.

It's also possible the cops arrested a completely innocent man.

The guy apparently committed no crime, lost his apartment, his job, his car, and three months of his life.  Wow . . . just . . . wow.

[MicroBalrog]

Wait, police can actually reach in your mouth and pull out food you happen to be chewing so they could examine it?

[cassandra and sara's daddy]

we gotta get you out more

[MicroBalrog]

we gotta get you out more

No, thanks. The more I learn, the more the proverbial basement seems preferable. 

[cassandra and sara's daddy]

i just wanna watch the look on your face 

[Iain]

I assume his car was left wherever he was picked up, so they then towed it and auctioned it. I suppose he might have had someone able to pick the car up from the road or the pound, but they knew where he was and still auctioned it. I dunno, I think I'd be pissed about that, in addition to the three months in jail.

[Nick1911]

I assume his car was left wherever he was picked up, so they then towed it and auctioned it. I suppose he might have had someone able to pick the car up from the road or the pound, but they knew where he was and still auctioned it. I dunno, I think I'd be pissed about that, in addition to the three months in jail.

I would too.  It's not like they gave him the money from the auction either.

[Standing Wolf]

Hey. Relax. It's another Glorious Victory in the War on (Some) Drugs!

[Balog]

One can only hope this man will become very rich from this travesty.

[zahc]

Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department. Our sole hope is that hopefully if we are oppressed by the police, at least we can pay ourselves damages.

Remember, you are not being oppressed.

[freakazoid]

Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department. Our sole hope is that hopefully if we are oppressed by the police, at least we can pay ourselves damages.

Remember, you are not being oppressed.

So he should do nothing and not be compensated for everything that he lost because of there mistake? Just receive an, oops sorry?

[freedom lover]

3.  What is the "field test" for crack cocaine and why does it have any weight at all when lab testing takes months?

1) The only field test I know of is the old fashioned way. Rub it on the gums and see if they go numb. I was under the impression they stopped that because of the nasty stuff cocaine can be cut with. I doubt he did that after it was in the man's mouth.

2) Lab testing doesn't take months. You could perform all the tests in a matter of minutes. I did tests on fake stuff in a laboratory exam. The forensic labs are probably extremely backlogged in that area.

It seems to me he could have held the guy there a couple hours and it would have been obvious very fast if he was chewing on crack cocaine. 

He easily could have. The problem lies in the legal seriousness of the charge. No department would have let the guy go until he was proven innocent. He could have been some kind of freak who was not affected by cocaine. It's possible. I know someone who is not affected by caffeine.

As for my knowledge of police and forensics? My chemistry teacher worked with them in the past. We had a unit where we were taught the basics and got to perform tests on simulated evidence. He wanted to teach an elective class on it but that was not approved.

[cassandra and sara's daddy]

there are some quick and dirty field tests for various substances and that length of backlog in the lab is not unheard of. the field tests are not admissible in court as more than probable cause

[Perd Hapley]

Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department. Our sole hope is that hopefully if we are oppressed by the police, at least we can pay ourselves damages. 

One can only hope you don't take everything in such an overly literal fashion.   

[Mike]

Why didn't they do a blood test? That would have shown if he had drugs in his system!

[RaspberrySurprise]

Why didn't they do a blood test? That would have shown if he had drugs in his system!

Because that is a far far too simple solution to this problem.

[RevDisk]

So he should do nothing and not be compensated for everything that he lost because of there mistake? Just receive an, oops sorry?

No, he should be compensated.  The point that zahc was making is that the officer in question and even the department aren't taking any personal hit.  It's all going back to the taxpayers. 

The officer in question (aside from the probable perjury) and the department was probably following procedures when they cheerfully destroyed a guy's life over a set of breathmints.  The problem isn't with the local police, it's the law.  The WOD needs to be changed and mostly scrapped.

[Balog]

Yeah, ideally the officers who did it would be personally accountable, and the Wo(s)D would go away. Ideally they'd repeal every gun law from the NFA forward and go with Alaska carry everywhere. I'll take what I can get though.

[Dannyboy]

there are some quick and dirty field tests for various substances and that length of backlog in the lab is not unheard of. the field tests are not admissible in court as more than probable cause

Key word there.  Those field testing kits are horrible.  Lots of things have come up with false positives.

[cassandra and sara's daddy]

indeed thats why they send stuff off to the lab

[BlueStarLizzard]

errrrr... can i ask a question? somebody has to know... what does crack smell like? i mean, it doesn't smell like peperments or altoids or something, does it? and i'm sure you can detect oder without getting an involentary dose of crack... 

so a quick and dirty feild test went positive, but is known to get get regular false positives, so how long does it take to do a quick three instead of one?  :|

[MicroBalrog]

Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department.

I'm failing to feel too much compassion for the innocent widdle taxpayers on this. THey've voted for the War on Drugs; now they're paying for it.

[White Horseradish]

The WOD needs to be changed and mostly scrapped.

Whatever would we do with all the people no longer employed in it?

[Sindawe]

...THey've voted for the War on Drugs; now they're paying for it.

And what of us who own Wookie suits and live our own basements?  We've consistently voted against the War on (Some) Drugs, do we still pay for the folly of our neighbors?

Let those who acted directly pay the cost for this idiocy.  Maybe their fellows would learn from the example.

Whatever would we do with all the people no longer employed in it?

(Penal colonies on) Luna strikes me as a good option.  Adventure on the Far Frontier; Working for the betterment of their fellow man; riches beyond the dreams of avarice.

Aside from a tinge of green, it works for me.