Officer Shelby Riggs-Hopkins had noticed some crystals on the floorboard of 64-year-old Daniel Rushing’s car. When officers used a field testing kit, the white substance tested positive for methamphetamine. Officer Shelby Riggs-Hopkins noticed some crystals on the floorboard of the car, and when officers used a field testing kit, the white substance tested positive for methamphetamine.
Rushing said that was impossible: “I’ve never even smoked a cigarette,” he protested.
The officer showed him the substance in question, and Rushing was aghast.
“This is crazy. I think you got a real good lawsuit here.”
“That’s glaze from a Krispy Kreme doughnut!” he explained. “I get one every other Wednesday.”
But officers weren’t buying it. Rushing was booked on charges of possessing methamphetamine while armed with a weapon.
As he sat in jail, he asked himself, “Lord, what am I doing here?”
“It was funny,” Rushing says, “because I called my wife to tell her what happened, and the guy next to me waiting for the phone started to laugh. He said, ‘This is crazy. I think you got a real good lawsuit here.’ ”
He spent more than 10 hours in jail before being released on bail.
Orlando police sent the evidence it had collected from Rushing’s car to the Florida Department of Law Enforcement for further testing — which determined that just as he’d said, the white crystals were not a controlled substance.
All charges have been dropped and Rushing reached a settlement with the city of Orlando for $37,500.
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