ORLANDO --An Orlando man says he's considering taking legal action after he was arrested for having doughnut crumbs in his car.
"It's a terrible feeling to go to jail when you have not done anything," Dan Rushing said.
ABC station WFTV reports Orange County court records show Rushing was arrested for possession of meth last December.
But the case was dropped a month later after the Florida Department of Law Enforcement (FDLE) tested what turned out to be icing from a doughnut.
"I just don't want this to happen to somebody else," Rushing said.
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WFTV obtained the incident report.
It shows officers were called to a 7-Eleven in Orlando for possible drug activity.
Police say Rushing was pulled over after leaving the store for failing to stop at a stop sign then going 42 mph in a 30 mph zone.
Rushing says 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,'" Rushing said.
The report shows an 11-year veteran officer found what was believed to be drugs.
The report goes on to say the substance - which the FDLE now identifies as icing - was tested twice.
But 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.
WFTV then asked police how often a false positive happens.
A spokesperson said, "There is no mechanism in place for easily tracking the number of, or results of, field drug testing."
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