Georgia girl sues after spending over 3 months in jail for possessing cotton sweet that police thought was meth

A girl from Monroe County, Georgia, stated she spent over three months in jail for possessing cotton sweet, CBS affiliate WMAZ-TV reviews. Dasha Fincher stated a roadside drug check falsely recognized her bag of cotton sweet as methamphetamine.

On Thursday, Fincher filed a lawsuit in federal court docket in opposition to Monroe County, the 2 deputies who arrested her in addition to the corporate that manufactured the drug check.

Deputies Cody Maples and Allen Henderson performed the site visitors cease on New Yr’s Eve 2016. Deputies stated the automobile Fincher was using in was stopped as a result of its window tints have been too darkish, although they later admitted that the home windows have been authorized.

Fincher stated the deputies noticed a big open plastic bag contained in the automobile and did not consider her when she informed them it was blue cotton sweet. The deputies then used a roadside discipline check that detected meth contained in the bag.

Fincher was arrested and charged with meth trafficking and possession of meth with intent to distribute. Fincher’s bond was set at $1 million and he or she remained in jail as a result of she could not pay the money bond.

In March 2017, a Georgia Bureau of Investigation lab check decided the substance within the bag was not an unlawful drug. The fees in opposition to Fincher have been dropped 4 weeks later.

Fincher’s lawsuit argues that the Monroe County Sheriff’s Workplace was reckless and negligent and violated her civil rights.

The drug check was manufactured by Sirchie Acquisitions, an organization primarily based in North Carolina, in response to the lawsuit. The Nark II check has a historical past of false optimistic outcomes, the go well with says.

In 2016, a ProPublica investigation revealed that low-cost roadside drug check kits “routinely produce false positives” which have despatched hundreds of individuals to jail nationwide. The report famous that the Justice Division issued tips in 2000 calling for test-kit packaging to hold warning labels, together with a press release that package customers ought to obtain acceptable coaching and must be taught that the checks might give false-positive and false-negative outcomes.

ProPublica reported that as of 2016 three of the biggest producers, together with Sirchie, had not printed the warning on their checks, and that labs not often notify officers when a result’s later confirmed false. Due to this fact, many regulation enforcement departments consider the system works higher than it actually does. Following that report, Houston police stopped utilizing the checks.

Fincher’s go well with argues that blue meals coloring within the cotton sweet may have induced a false optimistic check outcome when no medicine have been current. The go well with additionally says Deputies Maples and Henderson weren’t educated in performing the Nark II check or in figuring out road medicine.

Fincher is looking for damages from the county, the 2 deputies and Sirchie.

CBS Information reached out to the Monroe County Sheriff’s workplace however has not acquired a reply for remark.

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