Man Jailed Three Months for Breath Mint Possession

[Slimprofits]

Land of the free:

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

Posted: 5:27 pm EDT August 17, 2009
Updated: 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.

[Slimprofits]

Re: Man Jailed Three Months for Breath Mint Possession

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.

Testilying.

Lying should be a firing offense in every police department.

[World Traveler]

Re: Man Jailed Three Months for Breath Mint Possession

If I were to guess, May is black and the Kissimmee police officer is white. Some day in this country I hope we move beyond these kinds of incidents.

What's really outrageous is that they auctioned off his car...before any crime was ever proven.

It really appears that the police officer lied and was caught in his lies. I hope the Kissimmee police department learns a lesson.

[bcassill]

Re: Man Jailed Three Months for Breath Mint Possession

Okay, this just doesn't pass the stupid test. For God's sake, if a Cop is too stupid to tell the difference between cocaine and a breath mint, why are they allowed to roam the streets with a loaded weapon? They need to be out writing parking tickets or doing something else that is not a threat to public safety. I pray that this is not what passes for law enforcement standards in Kissimmee, FL. If it is, I'm never going back to Disneyland.:eek:

[bcassill]

Re: Man Jailed Three Months for Breath Mint Possession

If I were to guess, May is black and the Kissimmee police officer is white. Some day in this country I hope we move beyond these kinds of incidents.

What's really outrageous is that they auctioned off his car...before any crime was ever proven.

It really appears that the police officer lied and was caught in his lies. I hope the Kissimmee police department learns a lesson.

No, actually May is a middle-aged white guy. Follow the link in the story, and there is a video clip of the report run by the local news station.

[flintlock]

Re: Man Jailed Three Months for Breath Mint Possession

Another innocent victim of the "war on drugs".:eek: Legalize drugs.

You hear these type stories but it's hard to believe they really happen.

Testilying! I've seen that first hand when I was called as a witness in a case. Really opened my eyes. I think they mean well, but just don't want to play by those fussy rules. .... or let anyone get away that MIGHT be guilty.

A lot of cops are so jaded, they start to see everyone as a criminal. Probably time to change careers when that happens.

[Slimprofits]

Re: Man Jailed Three Months for Breath Mint Possession

Incident reports are treated as gospel in "the system."

If bad officers can get away scot-free with lying, than we have a serious justice problem.

[GRG55]

Re: Man Jailed Three Months for Breath Mint Possession

Incident reports are treated as gospel in "the system."

If bad officers can get away scot-free with lying, than we have a serious justice problem.

I get the distinct feeling that there's more to this story than we are being told...

[World Traveler]

Mexico Legalizes (Small Amounts) Drug Possession

MEXICO CITY (AP) — Mexico enacted a controversial law on Thursday decriminalizing possession of small amounts of marijuana, cocaine, heroin and other drugs while encouraging government-financed treatment for drug dependency free of charge.

The law sets out maximum “personal use” amounts for drugs, also including LSD and methamphetamine. People detained with those quantities will no longer face criminal prosecution; the law goes into effect on Friday.

Anyone caught with drug amounts under the personal-use limit will be encouraged to seek treatment, and for those caught a third time treatment is mandatory — although no penalties for noncompliance are specified.

Mexican authorities said the change only recognized the longstanding practice here of not prosecuting people caught with small amounts of drugs.

The maximum amount of marijuana considered to be for “personal use” under the new law is 5 grams — the equivalent of about four marijuana cigarettes. Other limits are half a gram of cocaine, 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams of LSD.
President Felipe Calderón waited months before approving the law.

[Slimprofits]

Re: Man Jailed Three Months for Breath Mint Possession

http://www.myfoxorlando.com/dpp/news...rongful_arrest

“I get gas, so I was chewing Rolaids, and I was chewing mints too,” said May.

However, Officer Eric Rice thought it was crack cocaine, so he put some of the substance in a bag to test it. He busted May on drug possession charges.

“I was thinking he was nuts, especially after he told me the charges.”

May spent three months in jail while the state lab tested the substance, then the Florida Department of Law Enforcement sent Kissimmee Police a letter stating it was not cocaine. The state dropped charges. Now, May is pursuing a federal civil rights case against Kissimmee and Officer Eric Rice.

[..]

May’s attorney said a federal civil suit was filed three months ago against the city. They are looking for Rice, to serve him a summons.

A police spokeswoman said any comments on lawsuits have to come from the city attorney, but confirmed that Officer Eric Rice no longer works for the Kissimmee Police Department.

[t12357]

Re: Man Jailed Three Months for Breath Mint Possession

Okay, this just doesn't pass the stupid test.

I wonder if Obama too thinks that the police "acted stupidly" in this case.

Besides "if you did nothing wrong you have nothing to fear," right? right?

Like losing everything, job, house, car, probably even family, no, these things do not happen here.

[KGW]

Re: Man Jailed Three Months for Breath Mint Possession

Incident reports are treated as gospel in "the system."

If bad officers can get away scot-free with lying, than we have a serious justice problem.

Just a heads' up: we have serious justice problem. . .;)

[Slimprofits]

Re: Man Jailed Three Months for Breath Mint Possession

I am aware of this KGW, evidently the post wasn't clear.

- incident reports are treated as gospel by the court system
- from my personal experience, ALL police officers embellish/enhance said reports - maybe I haven't been arrested by any of the good ones?
- we know for a fact that some lie on the stand

[Spartacus]

Re: Man Jailed Three Months for Breath Mint Possession

dunno what y'all're getting excited aboot. This is nuffin.

My guess is you've forgotten James Duane's list of mentally retarded men being set up for rape & spending 10, 20, 30 years in jail.

Or Gladwell's description of 5 cops killing a kid who was reaching into his jacket for his wallet.

Or the mounties (!!!!! this still shocks the heck out of me, dunno why- they're cops, and have to work in some pretty harsh places) killing the Polish guy in Vancouver

Or any of a THOUSAND similar stories.

And the fact that NONE of the suggestions put forth to solve many of these issues (mainly the tactic Gladwell talks about, that cops should mostly patrol ALONE so they won't recklessly charge in whenever they effin feel like showing how big their cojones are) has NOT been implemented ANYWHERE.

[MarkL]

Re: Man Jailed Three Months for Breath Mint Possession

Law Enforcement is often taught that their job is not to be judge and jury. While arguably true in legal theory, this is not the reality. Simply being caught in today's judicial system can be devastating.

Whether they consider themselves such or not, officers of the law and our police departments are our first line of justice.

It would be interesting to hear from an officer here, on what percentage of their their training focuses on being just and fair to their public, vs defensive and offensive tactics, recognizing criminal behavior, weapons use, how to testify in court, etc.