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Old 07-29-2016, 06:21 AM
 
5,267 posts, read 2,699,218 times
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According to the Orlando Police Department incident report, Rushing was pulled over after going 42 miles per hour in a 30 mile per hour zone and not stopping before entering a roadway.

The police officer, an 11-year veteran of law enforcement, wrote in the report that she observed "rock like substance on the floor board where his feet were," and that she believed the substance to be "some sort of narcotic."

She conducted two field tests, and both of both came back positive for the presence of an amphetamine, according to the incident report, which also noted, "Rushing was placed under arrest and charged with possession of amphetamine with a weapon." Rushing had a permit for his .38-caliber revolver, but it was confiscated because under Florida statutes, it is unlawful to carry a weapon while in possession of a controlled substance.

The evidence was submitted to the Florida Department of Law Enforcement (FDLE) for further testing, Sgt. Wanda Miglio of the Orlando Police Department told ABC News today. The results for the FDLE test were negative, so no charges were filed against Rushing by the State Attorney's Office.

She emphasized that the arrest was lawful, "meaning that, based on the officer's experience and the field drug test that came up positive, probable cause existed to make a lawful arrest."

Miglio added that the "the substance was not, in fact, found to be Krispy Kreme flakes. FDLE testing just determined it wasn't a controlled substance."





Im wondering what type of field tests she took came back a positive? Whoever obviously arrested the man, lied about the field tests....


https://www.yahoo.com/news/orlando-m...opstories.html
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Old 07-29-2016, 07:39 AM
 
32,436 posts, read 26,292,401 times
Reputation: 19032
Quote:
Originally Posted by Jimmyp25 View Post
According to the Orlando Police Department incident report, Rushing was pulled over after going 42 miles per hour in a 30 mile per hour zone and not stopping before entering a roadway.

The police officer, an 11-year veteran of law enforcement, wrote in the report that she observed "rock like substance on the floor board where his feet were," and that she believed the substance to be "some sort of narcotic."

She conducted two field tests, and both of both came back positive for the presence of an amphetamine, according to the incident report, which also noted, "Rushing was placed under arrest and charged with possession of amphetamine with a weapon." Rushing had a permit for his .38-caliber revolver, but it was confiscated because under Florida statutes, it is unlawful to carry a weapon while in possession of a controlled substance.

The evidence was submitted to the Florida Department of Law Enforcement (FDLE) for further testing, Sgt. Wanda Miglio of the Orlando Police Department told ABC News today. The results for the FDLE test were negative, so no charges were filed against Rushing by the State Attorney's Office.

She emphasized that the arrest was lawful, "meaning that, based on the officer's experience and the field drug test that came up positive, probable cause existed to make a lawful arrest."

Miglio added that the "the substance was not, in fact, found to be Krispy Kreme flakes. FDLE testing just determined it wasn't a controlled substance."





Im wondering what type of field tests she took came back a positive? Whoever obviously arrested the man, lied about the field tests....


https://www.yahoo.com/news/orlando-m...opstories.html
the problem though becomes, can you prove that the field officer was lying about the test being positive for drugs?
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Old 07-29-2016, 07:45 AM
 
Location: zooland 1
3,744 posts, read 3,416,322 times
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False positives are not that uncommon with field tests

Which is why a lab test is required for prosecution....

There are the totality of circumstances....no one should be arrested solely on a field test

I know police haters want some nefariousness attached....what if there isn't any
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Old 07-29-2016, 07:50 AM
 
Location: Cape Cod
11,807 posts, read 8,233,613 times
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He was guilty of speeding so he will have to answer for that but the rest is rubbish.
The arresting officer was going on the best evidence she had at the time.
This guy was arrested wrongly and an apology should be made and his property returned to him.


End of story.
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Old 07-29-2016, 07:56 AM
 
Location: Londonderry, NH
41,492 posts, read 51,348,324 times
Reputation: 24612
She probably had a small quantity of Meth she used to falsify the field test so she could justify arresting this guy instead of just writing him a traffic ticket. Her Department probably gives drug arrests higher Atta-boy values when selecting promotions and bonuses than a mere traffic stop. Even if the field test was fixed the Atta-boy still counts.


I wonder if they returned his gun.
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Old 07-29-2016, 07:56 AM
 
Location: Just over the horizon
8,064 posts, read 2,770,083 times
Reputation: 4340
I had a similar thing happen to me many years ago.

I was pulled over for speeding and the officer noticed a baggie protruding from beneath my seat.
He asked if he could inspect it and, being confident that there was nothing amiss as far as drugs go in my vehicle, I let him check it out.

He noticed some residue of white powder and small chunks in the baggie and immediately started asking me if it was cocaine or meth.

At first I was kind of dumbfounded because I honestly didn't know what it was or where it came from but after a few minutes, it hit me.

A few months before, I had gone on a camping trip and put a few Tums in a baggie rather than taking the whole big bottle. What was left must have fell under the seat and maybe gotten crushed a bit underfoot.

I told him what it was when I remembered and of course he didn't buy it at first, but I told him to go ahead and taste it...test it, whatever you want....but it's going to come back that it's antacid....Tums.

Apparently he either didn't have a field test, (it was like 1987 or so) or he just believed me enough to let me go.

I suppose he didn't want to look like an idiot for arresting me for Tums residue if he sent it to the lab.
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Old 07-29-2016, 08:07 AM
 
Location: Places you dream of
20,180 posts, read 12,100,888 times
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filed test are not cheap and expire- so sitting in hot pol car day in and out who knows what it converts to
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Old 07-29-2016, 08:15 AM
 
29,363 posts, read 15,414,221 times
Reputation: 19966
I find in inconceivable that a cop didn't realize it was donut residue.

An experienced cop, "It's definitely Krispy Kreme. Two days old. The fryer was set five degrees too low. Most likely from the location on East Main judging from the flour consistency. Their pantry has a dehumidifier."
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Old 07-29-2016, 08:15 AM
 
Location: NY
12,267 posts, read 9,437,633 times
Reputation: 8029
All this story did was make hungry for Krispy Kreme hot off the conveyer belt. Sigh, none around here.
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Old 07-29-2016, 08:18 AM
 
Location: Old Hippie Heaven
18,136 posts, read 8,191,021 times
Reputation: 10570
Quote:
Originally Posted by FatBob96 View Post
I had a similar thing happen to me many years ago.

I was pulled over for speeding and the officer noticed a baggie protruding from beneath my seat.
He asked if he could inspect it and, being confident that there was nothing amiss as far as drugs go in my vehicle, I let him check it out.

He noticed some residue of white powder and small chunks in the baggie and immediately started asking me if it was cocaine or meth.

At first I was kind of dumbfounded because I honestly didn't know what it was or where it came from but after a few minutes, it hit me.

A few months before, I had gone on a camping trip and put a few Tums in a baggie rather than taking the whole big bottle. What was left must have fell under the seat and maybe gotten crushed a bit underfoot.

I told him what it was when I remembered and of course he didn't buy it at first, but I told him to go ahead and taste it...test it, whatever you want....but it's going to come back that it's antacid....Tums.

Apparently he either didn't have a field test, (it was like 1987 or so) or he just believed me enough to let me go.

I suppose he didn't want to look like an idiot for arresting me for Tums residue if he sent it to the lab.
Over the years, I've had several friends stopped for traffic issues, and officers positive that the baggies with oregano or other culinary herbs were pot. Deep inhale, "yup, that's pot alright", free tour of the local police station - followed by surly embarrassment. You'd think they'd learn to be more cautious.
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