On December 11, 2015, an Orlando man was arrested for a felony charge of Possession of Methamphetamine. The resulted from a traffic stop as the Orlando man was exiting an Orlando area 7-11. Orlando police officers claimed that they had stopped the man’s vehicle for failing to come to complete stop as he was exiting the convenience store parking lot.
According to the arrest affidavit, Orlando Police Officer Shelby Riggs-Hopkins wrote that she “observed in plain view a rock like substance on the floor board where his feet were.” When questioned about what was found, the man advised that what she was looking at was sugar from a Krispy Kreme donut.
This eleven-year veteran of the Orlando Police Department retrieved the observed substance and conducted a field test. The substance produced a positive result for amphetamines. When questioned further about the substance, the 64-year old man advised Officer Riggs-Hopkins that the substance was sugar.
Rather than conducing any further testing on the substance, Officer Riggs-Hopkins arrested and charged the man with a third-degree felony charge. After additional testing by the Florida Department of Law Enforcement (FDLE), the substance was confirmed to be sugar from a Krispy Kreme donut.
Now the Orlando man has filed a lawsuit in Orange County Circuit Court alleging negligence on the part of the City of Orlando and the company which produces the drug test kits. The man is claiming emotional harm, including embarrassment and humiliation.