Pubdate: Tue, 17 Nov 2015 Source: Morning Call (Allentown, PA) Copyright: 2015 The Morning Call Inc. Contact: http://drugsense.org/url/DReo9M8z Website: http://www.mcall.com/ Details: http://www.mapinc.org/media/275 Author: Laurie Mason Schroeder MAN JAILED AFTER COPS MISTOOK SOAP FOR COCAINE ON I-78 FILES SUIT A New York man who spent 29 days in jail after police mistook the homemade soap in the trunk of his rental car for cocaine has worked himself into enough of a lather to file a federal civil rights lawsuit. Alexander J. Bernstein, 32, alleges that troopers from the state police barracks at Fogelsville conspired to fabricate evidence that he was transporting drugs, and knew that the field test they used on the soap wasn't reliable. He says in the suit that he was forced to pay thousands of dollars in court costs and legal fees, and missed Thanksgiving with his 17-month-old son before the charges were dropped. Bernstein, who is seeking a jury trial and damages in excess of $150,000, also complains in the suit that investigators have refused to admit that they were wrong. "[Bernstein] did not so much as receive an apology from the defendants," his attorney, Joshua Karoly, wrote in the suit. Bernstein was a passenger in a Mercedes-Benz that was pulled over on Interstate 78 in South Whitehall Township on Nov. 13, 2013. According to a 2013 criminal complaint, a state trooper stopped the Mercedes' driver, 26-year-old Annadel Cruz of New York, on westbound I-78 near the Cedar Crest Boulevard exit because she was approaching 60 mph in a 55 mph zone and was riding a traffic line for about a half-mile. When questioned, Cruz told the trooper the car was a rental and they were driving from New York to Florida. The trooper told her he smelled marijuana and she said she had smoked earlier in the day, but not in the car. She gave police permission to search the car. According to the police report, Bernstein told police he had a bag in the trunk and gave police permission to search it. In the bag, the trooper found two brick-size packages, which were covered in clear plastic wrap and red tape. Cruz told police the packages contained soap she had made for her sister in Florida, but a field test showed that the substance was cocaine. The packages weighed 5.2 pounds. Police said they also found a small amount of marijuana in Cruz's bra. The couple were charged with possession with intent to deliver cocaine, possession of cocaine, conspiracy and possession of drug paraphernalia. Cruz also was charged with possession of a small amount of marijuana, disregarding traffic lanes and speeding. In the lawsuit, Bernstein claims he pretended to be asleep at the barracks after he was arrested, and overhead troopers discussing the field test. One trooper said the package tested negative for cocaine, the suit states. "Well ... make it positive," another trooper replied, according to the suit. Bernstein was sent to prison under $500,000 bail. He spent 29 days behind bars before his bail was reduced to $25,0000 and he was released after paying $32,523 in bail and court costs. Two days later, lab tests proved the suspected cocaine was soap, and the charges were dropped. "All the laboratory tests performed on the substance which the operator claimed, from the beginning, constituted nothing more than soap, confirmed that the package contained no cocaine, and no other drugs or controlled substances, but merely soap," the suit states. In conducting a field test, a sample of the suspected substance is mixed with a liquid, causing a reaction and change in color that will indicate if it is an illegal drug. Suspected substances are then sent to a lab for more in-depth testing that can take weeks. Field tests have come under fire in numerous states after the tests mistook male enhancement products for methamphetamine and motor oil for heroin. In Travis County, Texas in 2012, District Attorney Rosemary Lehmberg stopped accepting plea bargains on low-level possession cases based on field tests after a string of 12 false-positive drug tests. Named in the Bernstein's lawsuit are Capt. Brian S. Tobin; commander of Troop M in Fogelsville; troopers Nicholas Goldsmith and Justin Julius; former state police commissioner Colonel Francis J. Noonan; state police officials Lt. Colonel Timothy J. Mercer, Major Robert Evanchick and Major Joseph L. Reed; and Safariland, LLC, the Florida company that manufactured the field test. Tobin, the local state police spokesman, declined to comment on the suit. Safariland officials did not return a phone message seeking comment. Karoly declined to comment on the lawsuit Friday, but in 2013 he accused the troopers of profiling. "I think it is a nice car with out-of-state plates and a Hispanic female behind the wheel" that prompted the traffic stop, Karoly said. "If it was me driving that car, this wouldn't have happened." The charges against Cruz were also dropped. Her attorney, Robert Goldman, said Friday that she has not filed a lawsuit. - --- MAP posted-by: Jay Bergstrom