NY jails 2 for a week over candy

[Bob Hubbard]

http://www.foxnews.com/story/0,2933,583717,00.html

Two New York men were locked up and left in a jail cell for nearly a week after police officers mistook their candy for a bag of crack.

The "drugs" were finally tested five days later and determined to be popular Coco (coconut) Candy. The charges were dropped.
...
cops were waiting and asked to search their Ford minivan. "I said ‘Go search.’ I even opened the door," Rodriguez told The Post.

An officer rummaged around, came out holding a "Hello Kitty" sandwich bag, and shouted "Bingo!" the men said.
...
"Can you test it? Can you taste it?" Rodriguez asked the cops. "Shut up!" they replied.
...
The men’s lawyer, Neal Wallerstein, said the cops could have realized their mistake quickly.

"That’s the reason why they have a field-test kit," he said, referring to the NYPD’s portable drug identification equipment.

1- this is why you don't let anyone search without a warrant.
2- I didn't realize they had field test kits available.

 

[Bob Hubbard]

Looks like they are suing over the wrongful arrest and week in jail.
http://www.inquisitr.com/58704/nypd-faces-2-million-suit-for-jailing-men-over-candy/

http://www.ftaconcept.com/showthread.php?p=251384

 

[jks9199]

Not good...

I don't have a problem with the initial arrest; not every cop has a test kit in their bag at all times, and it was based on a consent search. However, before formally charging the men, they should done some sort of confirmation test. (I'm not totally familiar with the NYC system; I believe a lot of charges are booked through the desk sergeant, not a judicial officer. If I'm wrong, and someone can correct me, please do!) That said... Cocaine has a distinctive odor -- and it's not coconut.

All of the articles are kind of scant on details; it seems like one guy got released after only a day or two depending on the exact time of arrest; the other was in for about 6 days. I have to assume that the first man either made bond or was released on recognizance at arraignment. The second man apparently didn't have the bond, or had another issue that kept him in until, I guess, someone tested the "drugs.

 

[Archangel M]

I know what crack looks like and its not like coconut candy. Crack is also typically found packaged in a particular fashion. Likewise, I usually find other items like pipes, chorboy, lighters and push rods in crackheads cars. Not ALWAYS... but the combination of factors probably should have made these officers take a closer look at the stuff.

As far as testing goes. We have a test that looks like a handi-wipe that turns blue when it contacts cocaine. It's not manditory to field test if the officer can testify that he is familiar with the appearance and packaging of street drugs based on training and experience. I tend to use them in cases like this.

 

[Bob Hubbard]

I've never smelled cocaine. Just coca cola.

 

[Archangel M]

While I dont think that THIS is the case in this story. Sometimes we find soap, candy, and other "stuff" packaged to look like street drugs. Either they are trying to sell "fake dope" or they were "had" in a bad sale themselves.

PS-Judging from that picture in Bobs link. It kinda DOES look a bit like crack.

 

[jks9199]

I know what crack looks like and its not like coconut candy. Crack is also typically found packaged in a particular fashion. Likewise, I usually find other items like pipes, chorboy, lighters and push rods in crackheads cars. Not ALWAYS... but the combination of factors probably should have made these officers take a closer look at the stuff.

As far as testing goes. We have a test that looks like a handi-wipe that turns blue when it contacts cocaine. It's not manditory to field test if the officer can testify that he is familiar with the appearance and packaging of street drugs based on training and experience. I tend to use them in cases like this.

We generally use at least a field test before obtaining charges, and get a "real" lab test by court. Typically, the field test kit is one like this:

(link)

It doesn't take much to get a reaction...

Like I said -- I can deal with the initial arrest, though I've got my questions. They've got a substance that looks kinda like crack (at least as much as macadamia nuts or drywall chips do!); it ain't exactly uncommon for someone to deny that the stuff is crack... but I don't see why it wasn't tested quicker. If I can't test in the street, I test in the station before I transport the bad guy to lockup. I'd rather release him quick if it's not cocaine! I can only recall once that I couldn't test the stuff at all -- and I simply got all the info and was able to obtain a warrant later upon confirmation.

In all honesty, I can't help but wonder if the "suspects" names (Pena and Rodriguez) had anything to do with it... I don't like having that suspicion, but I can't help but wonder. I'd rather find out that it was inexperienced officers who simply made a mistake.

 

[Carol]

Reads a bit more like racial profiling to me. That's a fairly common candy for the Carribean, and for the officers to be so anxious to arrest them that they don't even smell the substance or formally test it sounds a bit odd.

Its basically what Americans know as rock candy, with a bit of coconut in for flavor. If you were to smell it, it would smell sugary, and not like drugs.

 

[CoryKS]

I seem to recall a controversy a few years ago about a candy that was being sold by the name of "Cocaine". Good thing these guys didn't have any of that. It's a pretty good sign that your suspect has illegal drugs when the name is clearly printed right above the nutritional information.

As the Farkers say, That's some fine detective work, Lou.

 

[Tez3]

I think they were arrested precisely because it wasn't drugs, it was worse....it was sugar and there's a big campaign to cut down on obesity! I probably shouldn't joke about it, it will happen somewhere!

 

[Bob Hubbard]

I think they were arrested precisely because it wasn't drugs, it was worse....it was sugar and there's a big campaign to cut down on obesity! I probably shouldn't joke about it, it will happen somewhere!

You've been reading our news again haven't you? There are laws pending here.

 

[5-0 Kenpo]

Now, not having been anywhere near New York, I can only make reference to where I work on the left coast.

The only unit in our agency that have field test kits are the narcotics unit. None of the other sections get them, unless we were to buy them out of our own pocket.

Beyond that, labs are so backed up these days, I'm surprised they got the results back in a week. We can have them delayed months, sometimes not even by the time we go to court.

 

[Big Don]

I've never smelled cocaine. Just coca cola.

I tried snorting coke once, the ice cubes got stuck in the straw...

 

[Cryozombie]

We can have them delayed months, sometimes not even by the time we go to court.

I have to wonder how this is even acceptable... Can you Imagine losing your freedom for MONTHS while waiting for proof your candy is candy?

Sure, you can sue afterwords, but how does that really make up for spending that time incarcerated as well as all the other hardships that can come about?

 

[CanuckMA]

Now, not having been anywhere near New York, I can only make reference to where I work on the left coast.

The only unit in our agency that have field test kits are the narcotics unit. None of the other sections get them, unless we were to buy them out of our own pocket.

Beyond that, labs are so backed up these days, I'm surprised they got the results back in a week. We can have them delayed months, sometimes not even by the time we go to court.

The station does not have them?

So it's routine for people to be in jail for months waiting to see if they can be charged with possession?

 

[Bruno@MT]

I guess the odds would be significanly lower for a William George Lewis the 3d driving his lexus. Juan Hernandez in his beat up pinto with rap music on the care stereo otoh...

 

[Archangel M]

The station does not have them?

So it's routine for people to be in jail for months waiting to see if they can be charged with possession?

No. You are already charged with possession. The lab result only determines if you will be convicted.

 

[CanuckMA]

No. You are already charged with possession. The lab result only determines if you will be convicted.

How can you be charged with possession if the cops don't know what your possessing?

 

[Archangel M]

If I have probable cause to believe that you are in possession of a controlled substance I charge you with possession of a controlled substance. If I can articulate that based on my training and experience that I can identify a drug based on its appearance, odor, packaging and method of use (paraphernalia used to smoke/cook/shoot it) along with other factors like your statements or location in a known drug area THAT is PC for a charge.

Probable cause is not the same at 100% certainty.

 

[Bob Hubbard]

translation: a bag of white power by itself isn't too suspicious. A bag of white power, a straw up your nose, and a mirror that's dusted is probable.