An Orlando man said he's considering taking legal action after he was arrested for having doughnut crumbs in his car.
Dan Rushing said he was wrongfully taken into custody because Orlando police thought the icing crumbs from a Krispy Kreme doughnut was crystal meth.
Police said it was a lawful arrest, and they tested the icing twice with their drug kits.
They said both times it came up as meth.
WFTV sent an email to Orlando police asking if there will be an investigation into the equipment.
A spokesperson said they couldn’t answer that question after hours.
"It's a terrible feeling to go to jail when you have not done anything,” Rushing said.
Rushing’s drug arrest happened in December.
Orange County court records show Rushing was arrested for possession of meth, but the case was dropped a month later after the Florida Department of Law Enforcement tested what turned out to be icing from a doughnut.
"I just don't want this to happen to anybody else,” Rushing said.
An incident report said the officers were called to a 7-Eleven for possible drug activity.
Police said Rushing was pulled over after leaving the store for failing to stop at a stop sign then going 42 miles per hour in a 30 miles per hour zone.
Rushing said he gave officers permission to search his car.
“They said, 'We found what we thought was crack cocaine in the beginning, but now we think it's methamphetamine’" said Rushing.
The report said an 11-year veteran officer found what was believed to be drugs.
The report went on to say the substance was tested twice.
The results showed meth.
"Every other Wednesday, I stop at Krispy Kreme and get a doughnut there. And they found four little flakes of the icing," Rushing said.
Russell asked police how often false positive drug tests happen.
A spokesperson told us "there is no mechanism in place for easily tracking the number of, or results of, field drug testing."
Rushing now has a lawyer and he plans to file a lawsuit.
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