Kissimmee Man Chewed Mints and Mistakenly Arrested for Possession of Crack Cocaine

August 19, 2009
By Musca Law on August 19, 2009 11:40 PM |

cocaine-crack.jpgKissimmee Police Department arrested a man allegedly in possession of crack cocaine. Officers initiated a traffic stop for an expired tag violation. The deputy witnessed the defendant, Donald May, chewing on an unknown white substance. May explained to the officer that he simply had mints in his mouth.

The Officer refused to believe the statements of the suspect and arrested him on possession of cocaine and tampering with evidence. The Court denied May bond for three months. He lost his apartment, his job and car.

The Florida Department of Law Enforcement and the State Attorney sent May a letter in jail excusing him from the charges. The substance in his mouth failed to show any signs of drugs in lab tests. The officer on the scene falsified reports and his statements to secure an arrest of the suspect. May is now suing the City of Kissimmee for false arrest and false imprisonment. An agreement has not yet been reached in this civil suit.

Under Florida law, possession of cocaine for personal use is considered a felony. An offender could receive a maximum penalty of up to five years in prison if convicted. Crack Cocaine is a form of cocaine that has not been treated with acid and looks rock like in form. It derives its name from the sound it makes when it is heated.

President Obama is also hopping on sentence reform of crack cocaine. Under former policy, an offender would have to be in possession of 100 times more powdered cocaine than crack to receive the same sentence. Crack generally has a lower street cost and therefore more available to the poor. The President is trying to bridge the gap between indigent offenders and the rich.

If you are charged with a Florida drug crime, contact a knowledgeable attorney for help with your case. My firm has over 100 years of combined legal experience and has handled countless Florida drug crime cases. Experience does make a difference in the courtroom.