A 64-year-old man arrested last year on meth possession charges that were later dropped reportedly wants the City of Orlando to pay damages.
- Daniel Rushing arrested Dec. 11
- Rushing charged with possession of meth with a firearm
- Officer tested 'rock like' white substance found in Rushing's car
- Rushing told officers it was glaze from Krispy Kreme doughnut
Daniel Rushing, 64, has hired an attorney and told the Orlando Sentinel that he plans to file suit against the city, saying police arrested him "for no reason at all."
According to an Orlando Police Department arrest affidavit, Officer Shelby Riggs-Hopkins pulled over Rushing on Dec. 11, 2015, after she clocked him driving 42 mph in a 30 mph zone.
In her report, Riggs-Hopkins said during the traffic stop, she noticed what she called a "rock like substance" on the floor board of Rushing's car. She asked for and was granted permission to search the car, and with help from another officer found four samples of the white substance.
Riggs-Hopkins reported that two field tests of the substance revealed it to be methamphetamine.
In the arrest affidavit, Riggs-Hopkins wrote, "Rushing stated that the substance is sugar from a Krispie Kreme Donut that he ate."
Those field test results provided probable cause for her to make a legal arrest, the department said in a statement.
Rushing told the Sentinel that during the search of his car, he told officers that the substance was flakes from a Krispy Kreme doughnut. He spent about 10 hours in jail before bonding out on a $2,500 bond, the newspaper reported.
Later, a Florida Department of Law Enforcement lab idetermined that the evidence submitted was not a controlled substance, and no criminal charges were filed against Rushing by the State Attorney's office.
In a statement to the Sentinel, Orlando Police said it considers the arrest a lawful one.