ORLANDO, Fla. — The Florida Department of Law Enforcement is researching data after a man was arrested when doughnut glaze crumbs in his car tested positive for meth.
FDLE’s crime lab proved a month later the glaze was not a drug, and now the department wants to figure out how often officers’ drug kits are wrong.
FDLE is working to compare its crime lab data to officers' drug test kits around the state after Channel 9’s story of Dan Rushing's arrest sparked national interest.
Rushing was pulled over when an Orlando police officer saw him roll through a stop sign in Parramore.
The officer also received a report of drug activity in the area.
The drug kit results showed it was meth in two tests.
"I have never even smoked pot in my life, or have done any drugs. It just really makes me angry,” Rushing said.
The State Attorney's Office decided not to prosecute once FDLE’s crime lab results proved Rushing was innocent.
WFTV's law enforcement expert Chuck Drago said the drug kit is not solely to blame.
"It's not the test kit necessarily, because no test kit can be perfect. It has been a reliable kit for many years for the most part,” Drago said.
Orlando police said it uses NIK Drug Test and Kit, which is common among many agencies.
But Drago said officers' training should be key to helping identify drugs.
"They do need to make sure that officers understand this is only a part of it, so training is probably a big part that's necessary here,” said Drago.
Channel 9’s Ty Russell reached out to the manufacture of the kit, but has not heard back.
FDLE doesn't have a timeline on how long it will take to make a determination in the case, but a spokesperson plans to find out how often this has happened and how to prevent it.
FDLE is working with OPD and the sheriff's office on numbers on how often drug test kits result in false positives.
Cox Media Group
