Antonio Hernandez Carranza
Great, now they know all they have to do is smuggle the drugs in cheese................
Posted on 05/17/2011 5:32:39 AM PDT by Red Badger
ASHEVILLE, N.C. An enzyme found in cheese triggered false drug test results that led Buncombe County deputies to think a man with 91 pounds of tortilla dough was actually carrying that much cocaine, the sheriff said.
Antonio Hernandez spent four days in jail in Asheville earlier this month before tests by a state lab came back showing he was carrying food instead of drugs.
A deputy stopped Hernandez on May 1 and found what turned out to be a mix of cheese, shrimp and tortilla and tamale dough in his truck. A portable kit used by deputies changed colors, indicating the mixture was illegal drugs.
Buncombe County Sheriff Van Duncan said he didn't know until this case that some foods, like cheese, can give false positives on field drug tests. He plans to have his officers talk to the company that makes the tests.
"What we are going to do now is check with the manufacturers and find out what they have found can cause false positives and put that into the training with our officers," Duncan told the Asheville Citizen-Times.
Officials at the state lab said they have seen false positive drug test results from food before, but it is rare.
Hernandez's arrest angered Latino groups, who said he was targeted because of his race. He came to the United States in 1985 to harvest grapes and strawberries and became a legal resident four years later. He currently works for a carpet cleaning company in Carson, Calif., and was taking vacation to drive across the country and see his sister in Johnson City, Tenn., for the first time in nearly a decade.
But Hernandez missed a turn and ended up in Asheville. He told the newspaper through an interpreter that he saw steam coming from his truck and pulled over. A deputy approached, and Hernandez thought the officer wanted him to move and drove away with his hazard lights on. Officers thought he was trying to flee, and punctured his tires.
The sheriff's office is writing Hernandez a $400 check to cover the food he lost when deputies thought it was drugs. But Hernandez said that isn't enough to also cover other expenses like the impound fee for his truck.
"That doesn't pay economically for what I lost," he said. "That doesn't pay for my tires."
Antonio Hernandez Carranza
Great, now they know all they have to do is smuggle the drugs in cheese................
mmmmm drugged cheese.
There is no way he wins a suit. Smart move is to walk away.
He’s been here over 25yrs and can’t understand english?
Si.
I feel bad for this dude but I can’t help asking: Why was this guy taking 91 lbs. of tortilla dough on vacation?
And here’s a pro-tip: when the cops start asking you if you have anything illegal and ask you if you don’t mind them taking a little peek, tell them NO. They will bitch, attempt to browbeat you, and tell you that if you’re innocent then you have nothing to hide. Bull, do you want to wind up like this guy? They’ll tell you that if you don’t consent, you’ll wind up sitting on the side of the road for 4 hours while they go get a warrant. FINE! To get a warrant, Deputy Dawg has to have something solid up-front, which he doesn’t, he’s just fishing for a felony arrest and a promotion. No cop is going to sit with you for hours to get a warrant, they’re too damn lazy. They’ll bitch at you, talk to you like your 7 years old, probably cite you for something stupid, and send you on your way with a sneer. No worries, that’s the best way it could’ve went. Don’t ever invite them to tear apart your car while you sit in the cop car and can’t even watch what they’re tearing into.
Don't ask ... don't tell ...
What was the probable cause for searching his truck?
He attempted to leave the scene when the officer pulled up.............
was taking vacation to drive across the country and see his sister in Johnson City, Tenn., for the first time in nearly a decade.
You know they can't possibly get good tortilla dough in Johnson City Tennessee.......
Who cares? They guy wasn't doing anything wrong. Hell, he wasn't doing anything even remotely interesting.
According to him, or according to the officers who have to deal with a wrong arrest?
Hey, I think he’s got a better than even chance of winning or at least settle out.....................
Both, apparently...........
Oh, man. That'll go to your head quicker than a swishy modiste flying on a blank check.
According to the report, when the officers first pulled up, he talked with them, and told them he was lost, and needed directions............
I hope it was in a cooler..............
The offered $400. Take it. The tires and impound, and his time in the pokey will ALL be found, by a court, to have been based on probable cause and reasonable reliance on the drug test.
No way the system is going to accept a penalty for this. Heck, guys have been jailed for YEARS on prosecutorial misconduct, and all they get in recovery is an "Oops."
They should at least waive the impound fee and get him some used tires for his truck........................
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.