Articles

Thursday, September 1, 2011

Man sues over shampoo arrest

A man who was jailed for 14 days in Florida when shampoo he brought from Colombia falsely tested positive for cocaine is suing authorities for false arrest.

Donaldo Visbal, a Colombian government lawyer from the city of Barranquilla, said he brought the seven bottles of shampoo to Fort Lauderdale for a friend in November 2.009 and he was in disbelief when federal agents at Fort Lauderdale Hollywood International Airport told him the contents of the bottles tested positive for cocaine.

"I kept telling them they were making a mistake," Visbal said.

He said his bail was set at $250,000 and he spent 14 days in jail before the Broward Sheriff's Office Crime Lab determined the shampoo did not contain any illegal drugs.

A false arrest lawsuit filed in October 2.010 was dismissed in June by a judge who ruled there was probable cause for an arrest, but Richard Diaz, Visbal's attorney, filed a new lawsuit to clarify his client's position.

"Our lawsuit is only saying they had a right to detain him, but not to arrest him," Diaz said.

Diaz said the crime lab should have immediately tested his client's shampoo.

"They should not have waited," said Diaz, a former Miami-Dade Police Department detective.

"They should have known it could have been a false positive reading."

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