A Brooklyn man, who was detained for 24 hours, last June, after cops found what they thought was crystal meth, but turned out to be Jolly Ranchers, has filed a lawsuit for unspecified monetary damages for the wrongful arrest
According to the New York Daily News, Love Olantunjiojo, 25, was detained after police reportedly found the sweets on him and an unidentified friend.
After purchasing Jolly Ranchers at the It'Sugar candy on Surf Ave, in Coney Island, Olantunjiojo and his fiend were stopped by police officers, who performed a search and discovered the candies.
Officer Jermaine Taylor administered a "field test" to determine if in fact what he and the other cops discovered were narcotics, and according to an official complaint filed by Olantunjiojo's lawyer, they had a "positive" result.
The candies, which were described as "red crystalline rocks of solid material" and "blue crystalline rocks of solid material," were, according to the Daily News, then tested back at the NYPD lab using "gas chromatography/mass spectrometry analysis." The results from the NYPD lab found the red and blue items were not a controlled substance, but Jolly Ranchers, the lawsuit stated.
The cop who arrested Olatunjiojo stated he had professional training in the identification of methamphetamine, the Daily News reported.
"Crystal meth is produced in all kinds of colors," Former U.S. Drug Enforcement Administration agent Mike Levine said. "There's a type that's going around that looks like strawberry Pop Rocks candy. Dope dealers will disguise their product in any way you can imagine."
The Brooklyn district attorney's office waited until Sept. 19 to seek dismissal of the charges against Olatunjiojo and his friend, who was also arrested with the hard candy, the Daily News said.
Olantunjiojo's lawyer Kenneth Smith said may have been watching too much "Breaking Bad," which follows main character Walter White as he turns to a life of producing and selling meth.
"I don't know if these cops have been watching 'Breaking Bad,' but my client is not Walter White," Smith, who filed the suit Tuesday in Brooklyn Federal Court, said.
Olatunjiojo is seeking unspecified monetary damages for the 24 hours or so he spent in police custody and court detention for a misdemeanor drug charge. He claims to have suffered emotional distress as a result of the alleged false arrest, illegal search and seizure and false imprisonment.
A spokeswoman for the city Law Department said they were awaiting service of the court papers and would look into the allegations.
