Man Jailed Three Months for Breath Mint Possession
It's a bit odd how often narco field testing kits turn back false positives. In the past, we've seen chocolate chip cookies, deodorant, billiards chalk, and Dr. Bronner's Magic Soap come back positive, all causing undeserved, firsthand familiarity with the criminal justice system for the owners of the innocuous substances.
Looks like we can now add breath mints to the list.
A man is suing the Kissimmee Police Department for an arrest over mints. When officers pulled Donald May over for an expired tag, they thought the mints he was chewing were crack and arrested him.
May told Eyewitness News they wouldn't let him out of jail for three months until tests proved the so-called drugs were candy…
May was pulled over for an expired tag on his car. When the officer walked up to him, he noticed something white in May's mouth. May said it was breath mints, but the officer thought it was crack cocaine.
"He took them out of my mouth and put them in a baggy and locked me up [for] possession of cocaine and tampering with evidence," May explained.The officer claimed he field-tested the evidence and it tested positive for drugs.
The officer said he saw May buying drugs while he was stopped at an intersection. He also stated in his report May waived his Miranda rights and voluntarily admitted to buying drugs.
May said that never happened."My client never admitted he purchased crack cocaine. Why would he say that?" attorney Adam Sudbury said.
May was thrown in jail and was unable to bond out for three months. He didn't get out until he received a letter from the Florida Department of Law Enforcement and the State Attorney's Office that test results showed no drugs were found.
"While I was sitting in jail I lost my apartment. I lost everything," he said.
While May was in jail, the police department also auctioned off his car.
Last March, the Marijuana Policy Project announced the results of some lab testing they'd hired an expert to conduct on some of the more commonly used field tests, and found that patchouli, spearmint, and eucalyptus all tested positive for marijuana on one test kid, while an incredible 33 of 42 innocuous substances tested on another came back positive, including vanilla, anise, chicory, and peppermint.
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I don't know what the odds are on the lawsuit, but I hope the guy wins a gazillion dollars. The only sad part of that is that innocent people will get hit; but maybe it will spur them to pay attention to what is going on.
Yeah, I know. When pigs fly and all that.
Nice of Radley to stroll in once in awhile and slap me in the bag. Sigh.
This entire thing is vile, but for some reason this line...
While May was in jail, the police department also auctioned off his car.
...really shows the pure opportunism and utter disregard for basic rights at work in these departments.
Radley, why do you always post shit that depresses me?
I'm going to start a campaign. Radley Balko has to post one uplifting and positive story a week from now on.
WHO'S WITH ME!?!
(This is mostly a joke. Though, a lot of Balko's posts are damn depressing.)
can they sue the officers personally for lying? it would be a lot better if Officer Asshat lost his house and his wife left him than if the taxpayers had to fund a payoff.
He brought breath mints to the company picnic!
that shit is just aweful.
can they sue the officers personally for lying? it would be a lot better if Officer Asshat lost his house and his wife left him
HAHAHAHAHAHAHA
(wipes tears from eyes)
Good one, domo. Good one.
This cop is a danger to other cops. This type of retarded arrest and it's consequences might make some people feel like they are better off shooting the cop and fleeing the scene and hoping they get away with it than take the chance a cop is not going to ruin your life.
Is it too cynical to say those tests are working as intended?
more on leo over-reaction
http://www.foxnews.com/story/0,2933,540480,00.html?test=latestnews
The arresting officer will not face any punishment whatsoever.
The police spokesperson will say that the arresting officer "acted in accordance with the policies and procedures of the department."
The local police chief and police union will unequivocally back the arresting officer for being so brave in the line of duty against a thuggish crack dealer. They'll probably pin a medal on him.
The city of Kissimmee will not compensate Mr. May in any way, shape, or form that costs more than a pair of movie tickets.
Someone on this board will say "that's what he gets for driving with expired license plates."
Someone else will say "yeah, but this is just an isolated incident."
Mr. May's lawsuit will quietly go away, and he will be totally out of luck for losing his apartment and his car.
"spearmint, and eucalyptus all tested positive for marijuana on one test kid,...
now we see what happens when the animal rights wackos get their way...
This may be true about the tests, but the hard-core cynic in me says that there probably never was a field test to begin with. Or if there was, it was completely bogus. Did May see a field test occurring?
And just to be even MORE cynical, was May black? And was the officer white? And was it possible that the officer was just assuming that since a black guy had white powder in his mouth that OMFG it was crack and he had to be locked up, and to hell with figuring out what the substance actually was?
And seriously, who chews crack? Isn't that kind of an obvious tip that it's not crack? That someone's freakin' chewing it?
In addition to the regular bitching we do here, I have another layer of bitching.
If the field test is not sufficient to get a conviction, and a lab test is required, for the three months this guy was in jail the state had absolutely no evidence presentable in a court of law that said he had broken any law.
Why was he even being held on bail?
The court should have been required to release him on his own recognizance and then impose bail only after they received a positive result from the lab.
If the field test isn't evidence enough to allow the state to proceed to trial, why wouldn't a habeus corpus motion get this guy out on the street immediately? Is this one of those times that basic due process rights have to be "balanced" [i.e. completely ignored] in order to allow the state to be "practical" in its prosecution of the drug war?
And seriously, who chews crack? Isn't that kind of an obvious tip that it's not crack? That someone's freakin' chewing it?
Sometimes we try to swallow the evidence when confronted by the police.
Jeff W:
the idea is he was trying to hide it by eating it, thus the tampering charge. other than that your cynicism is right on in my view.
"thus the tampering charge."
that too is bs, i mean how can they really justify that type of law. it's a violation of property and privacy. but who said the law was just?
Maybe someone that knows more about drugs can enlighten me...wouldn't something terrible happen to you if you started eating crack rocks?
Obviously the solution is to pass a Federal law requiring breath mints to be colored orange. Works with guns.
And, Fluffy, right on.
"Maybe someone that knows more about drugs can enlighten me...wouldn't something terrible happen to you if you started eating crack rocks?"
Yes, you move up to reefers.
Art,
It doesn't sound like a good idea.
The LD50 for cocaine is 95.1 mg/kg. Someone better at math/not coughing up his lungs could tell you the 50% fatality dose in grams for a 200 pound man if they were so inclined.
The drug war is illegal. The entire congress are TRAITORS.
On 10-10-09, when the us/israel do their next false flag to invade Iran then Russia, China and the SCO are going to destroy America.
This is the war of Armageddon and you can know it is now by all the chemtrails sprayed every day globally to hide the sign in the heavens. It is causing all the big quakes lately and is the reason the govt is now classifying all asteroid events secret.
News and sources here:
http://www.scribd.com/doc/16612974/War-News
Bill Maher said it best: America has a cop problem.
Cop followed standard operating procedure and shouldn't be reprimanded; the cop is a scientist and doesn't know their field kit is flawed. That is simple.
The state owes this man his life back; their kits tested false, their officers field kit tested wrong, their standard operating procedure is flawed and puts people behind bars that are no threat to the public at large.
Whoever purchased the kits and did not test them; fire that person and charge them with criminal neglect.
That was so cute, Dude.
Eating crack to hide it from the police is even worse than eating all your tabs of acid to hide them from the police, or taking all your Quaaludes.
You're trying too hard, Dude.
SugarFree - roughly 9g.
Reduced blood flow to the heart and seizure activity?
Fun!
Dude ate all his tabs of acid, it seems.
Noted, Epi. Thanks for the warning.
So if the cop really thought this dude ate some crack, then he took him to the ER, right?
Noted, Epi. Thanks for the warning.
If you eat all your Xanax, you'll just sleep for a few days. KNOWLEDGE IS POWER
So if the cop really thought this dude ate some crack, then he took him to the ER, right?
Good one, Art. Good one. Did you know tasers can restart stopped hearts?
Dude!
wouldn't something terrible happen to you if you started eating crack rocks?
Worse than terrible. You'd waste your crack.
Seriously, do Quaaludes still exist?
I have a couple of thoughts here...arn't we supposed to be innocent until proven guilty? Not to be deprived of freedom without the full due process of law? If they can't prove it's crack then they are supposed to release him, no?
He was probably on a no bail hold until trial...which brings me to the second point...he was probably, and at a drug spot and was probably trying to buy dope, and either failed to score, or did score and hid the stuff well enough that the stupid cop thought the breathmints were actually what he bought...the guy might have even devised that as a little trick to get off of the charge at a later date...smart guy. I bet he told the cop the breath mints were what he bought and then gave a sad story to the cop so that he wouldn't dig through his car and would just believe him. The question the auttorney asked "Why would the cop say that?" It's a very good question. Also, why would the man be held without bail unless he has a prior felony record? An ex-con at a drug spot gets arrested.
This story however, also depicts a system that does not respect private property. The cops were holdong his car and they sold it, that is wrong. The bigger part of the story is how he lost his apartment. The fact that we have a system that commodifies housing...
Seriously, do Quaaludes still exist?
They are still produced in other countries, I believe.
I'm actually chuckling pretty hard here imagining you being a prevaricating cop with a twisted sense of humor. In this scenario, you're talking your rookie partner into 'tazer-reviving' some guy who you (inaccurately, of course) claim just ate several nuggets o' crack.
"Methaqualone is no longer legally produced, so Methaqualone for the South African market is manufactured either in India or in South Africa itself - or in other African countries."
From Wikipedia
My real question is, what the hell did I take in like 1995 that someone said was a 'lude?
I am in general a defender of cops, despite personal experience. Also, I find that calm reasoning solves most cop related issues.
In this particular case, I don't have enough information to condemn the arresting officer. However, as someone said earlier, the guy should never have been held for any extended period of time. Additionally, personal property should never, ever be forfeit without a conviction.
The biggest issue here is that clearly the test performed is not sufficient to determine if a substance is illegal, and therefore should not be relied on. If there is a reasonable chance for a false positive, they should not be able to unduly inconvenience a person until the substances illegality is substantiated. I'd be more than willing to hand over my suspect mint, but if you cuff me, and take me to jail over it, I will be no end of pissed, and vocal about it.
Officer Asshat certainly deserves to be sued, but what about the manufacturer of these field tests pushing fraudulent science? Government contracts are now so enticing to the point of selling a genuinely malfunctioning product.
Again, I'm surprised more pigs aren't chopped up into little pieces.
I mean WTF!
I would shortly start seeing dead people after those 3 months.
To "weigh" in on the weight thing again - your average breath mint weighs about 0.5g. So 50% mortality dose of crack = about 17 breath mints.
My real question is, what the hell did I take in like 1995 that someone said was a 'lude?
Most people don't have any real idea what a Quaalude is, so they get conflated with other sedatives and CNS depressants. It could have been anything from a barbiturate to a Valium, or even possibly a real 'lude.
What were the effects on you?
Just watched the video - May's white. So disregard the racial profiling cynicism in my first comment.
I still don't think an actual field test was conducted though.
My real question is, what the hell did I take in like 1995 that someone said was a 'lude?
Valium. Pressed in South America. Press a fingernail into the edge of the pill. If it begins to crumble, it's bootleg. And two Ms in LEMMON
I guess the jails down Kissimmee aren't as overcrowded as say, the jails in NJ. I was arrested once on a drug charge with two people with ties to an outlaw motorcycle club and criminal records many years ago. My bail was 10% of $3,000 , which I made the next day. Theirs were $50,000 and $35,000 cash only. They were both RORed within a week.
I remember the cop was all excited. "I got a couple of Pagans", he kept bragging to his fellow officers. The District Judge was not impressed, since they weren't actually members, and released them.
strike through16 years agoMan Jailed Three Months for Breath Mint Possession
Typically effective propaganda, Radley, but wouldn't this header be more accurate:
Man Jailed Three Months Because He Couldn't Make Bail
Just sayin'.
If you slept for three days after taking the lude, then it was a lude.
Kool already beat me to it but I have to give you extra cool points for mentioning 'ludes Epi.
They need to make a roaring return in polite conversation.
And for the record, I have never done a Quaalude in my lifetime. I just love the word.
, and either failed to score, or did score and hid the stuff well enough that the stupid cop thought the breathmints were actually what he bought...the guy might have even devised that as a little trick to get off of the charge at a later date...smart guy. I bet he told the cop the breath mints were what he bought and then gave a sad story to the cop so that he wouldn't dig through his car and would just believe him.
If he didn't score, then there is no crime is there?
And if he did score and hid the stiff, the car was impounded. Wouldn't the impounded car get searched (esp. if they think that the perp has drugs on them) to see if there were more drugs to charge him with. If they sold the car, I'm pretty sure they would have searched the car before selling it off.
I don't believe this guy to be the master criminal you described. Just an innocent unlucky SOB who got pulled over by a douchebag cop and got fucked over by the drug war hysteria.
the SCO
Santa Cruz Operation? Arent they in Ch 7 yet?
Cop followed standard operating procedure and shouldn't be reprimanded
Is lying about seeing a drug purchase SOP now? Oh wait, it probably is.
Since we have no idea if he lied Robc, that's completely disingenuous.
I look forward to the post where he spends his last dime on a gun and goes piggy hunting. Can you keep us posted radley
This case should highlight the issue of property seizure laws that are continually abused in the "Drug War". Legally, weather a case is dismissed or the person is acquitted, the burden is on them to hire a lawyer and sue for compensation. It should speak volumes that his car was auctioned off BEFORE his trial. Cynical or not, it's a great revenue builder for the police. What happened to "due proces"?
This is evidence that the welfare state does not make people more free by supposedly getting rid of insecurity.
Nic Greiner,
That can be traced back to the attack on property rights we have seen since the late 19th century.
Anyone remember that scene from the "Who Shot Mr. Burns?" episode of The Simpsons where Wiggum holds up the two bullets, examines them for a second, and says, "This bullet matches the one we pulled out of Burns!" I imagine that's what most "field tests" are like.
And doesn't anyone else find it fucking irritating that reason.com decides to return an empty page, causing you to lose your entire post, if you hit **PREVIEW** after taking too long between viewing and trying to post? I understand why they did this: spammers often download the form page once and then submit it hundreds of times over a span of weeks. But there are better ways to deal with this problem, as I've indicated to the admins more than once.
In general, this blog software sucks ass: it would take a CS undergrad intern two weeks to make it not suck as bad.
Clear violation of due process, the cop should be prosecuted, ignorance of his kit not working is no excuse. As they say to us sheeple, "ignorance of the law is no excuse". What is good for the goose should be good for the gander. Also, some accountability would cut down on BS arrests.
I assume it was some sort of downer/relaxant. We kinda crushed it and mixed with ritalin, iirc... So it was a rather in depth conversation I had with my friend... Relaxed and mellow, but an engaging conversation nonetheless.
Since we have no idea if he lied Robc, that's completely disingenuous.
If he saw a drug purchase, drugs would have been found in the car. No drugs == no drug purchase == lying.
If your asshole didn't hurt like hell the next morning, it wasn't a 'lude.
squarooticus
Crappy reason blog software is why God invented the back button.
Hit it, copy text, reload page, paste text, skip non-existent preview button, hit submit
skip non-existent preview button
If they had a damn button, I would have corrected my text.
This is a perfect example of what 'Nick' commented on and why I now carry a gun around with me. I have never broken the law and therefore have no criminal record. I do not do drugs and try to remain innocuous and unassuming. While I have high respect for the law, I am so furiously angry and afraid of the the police that I avoid them like the plague and will not do anything to help them in any way, or even speak with them for that matter. The police here in America are way out of control and I would rather die than submit to their nazi practices and policies. If I ever find myself in a situation such as this man in the story, where I am faced with some retarded and unreasonable pig (at that point, he has crossed the line from being a respected police officer... to a dead pig) who is going down the road of attempting to destroy my life or falsely accuse/imprison me for something patently false. I will hopefully be in a secluded location as I will kill the son-of-a-bitch in the blink of an eye. The pig-fuck will never know what hit him. I would do it without a second thought and without remorse. At that moment in time, it is his life or mine. I liken this to the fact that my grandfathers went off to war with Germany to slaughter shitworms like this. With any luck I would be able to make a quiet escape and never look back. I value human life and everyones right to live in peace so I hope it never happens. But I value my freedom and my right to be free from police abuse even more so. LONG LIVE REAL FREEDOM IN AMERICA!!
Who says the cop actually did a field test? Only the cop as far as I can tell, and he also said the guy waived his rights, and admitted to buying drugs. Since the last two are in dispute, I would use some caution before I take the cop's word at face value.
A question for people who support the war on the American people aka The drug war.
Where is the logic in prosecuting a war on your own people?
"""This case should highlight the issue of property seizure laws that are continually abused in the "Drug War"."""
How big of a light do you need?
Few people care, most think you get what you deserve when dealing with cops, if you do nothing wrong, nothing bad will happen, couple that with the it will never happen to me attitude and it's easy to understand that you could light this issue with the sun and few will care.
"""where I am faced with some retarded and unreasonable pig (at that point, he has crossed the line from being a respected police officer... to a dead pig) who is going down the road of attempting to destroy my life or falsely accuse/imprison me for something patently false."""
So life in prison or the death penalty is better than what happened to this guy?
He also stated in his report May waived his Miranda rights and voluntarily admitted to buying drugs.
Sounds like the officer is due for a promotion.
robc: sometimes that works, sometimes it doesn't. I haven't been able to figure out a pattern with Firefox. My current workaround is to use the ItsAllText extension and edit blog postings with emacs, but I shouldn't have to do this: the blog software should suck less.
Given the near-ubiquitous video cameras on cop cars and the likely procedure of calling in tags before the cop gets out of his car, you are likely completely screwed if you put down the pig. I imagine there are better ways for this guy to get back at the people who screwed him: he just needs to have a little imagination.
I'll readily agree that the cop was likely lying, on multiple points, however that is not something we know as a fact.
Wonder if the Police will plead "not guilty--we did nothing wrong!"?
Besides engaging in this sort of vile behavior, the Police have routine argued that they were "just following orders" .. and therefore are not guilty of anything.
My real question is, what the hell did I take in like 1995 that someone said was a 'lude?
Lots of possibilities... Phenobarbital, Temazepam, Flurazepam, Gluthemide...
Maybe someone that knows more about drugs can enlighten me...wouldn't something terrible happen to you if you started eating crack rocks?
NOPE
!!! KEEP DOPE ALIVE !!!
When breath mints are outlawed, only outlaws will have breath mints.
He shouldn't be suing the city. He should be suing the cop and those in the chain of command that let this happen. Amomg them, he should be awarded a new car, triple damages( at least 9 months free rent) and punitive damages.
What would Chris Matthews say?
That squealing little twerp had a total meltdown over an "open carry" incident where nobody was harmed in any way; I'm certain he would be utterly consumed with righteous indignation over this. He probably would burst into flames right there on camera.
Why would the cops care if the city has to pay this guy off? Maybe he should be able to sue the cop himself?
The city will settle the case. In fact, the very policy of auctioning vehicles prior to conviction will be put under review. The officer who made the arrest will NOT be reprimanded as he supposedly followed procedure, but procedure regarding sales of property prior to conviction will definitely eventually be reviewed and overturned as being unconstitutional.
He will not get his car back, but will be awarded the reasonable value of his car. He will not get his apartment back, but will get a lump sum settlement for pain and suffering.
This is what will happen IF the law is followed... BIG IF.
Anyone interested in amnding the Florida Constitution?
Proposal: "Law Enforcement officials are barred from disposing of assets seized in the process of a criminal arrest unless the accused is found guilty in a court of law."
Seriously, this asset forfeiture needs to end,...now.
Of course the police auctioned off his car while he was incarcerated, because it was theirs to do with as they pleased... oh wait... no, it wasn't! So much for innocence until guilt is proven. Little wonder why people run from the police, you can lose everything because you're eating a dinner mint! I think MJ's suggestion is brilliant!
Proposed amendment to the Florida Constitution:
law enforcement officials shall be prohibited from seizing any assets of any criminal defendant unless the criminal defendant is a law enforcement official.
The simplest solution is to hire prospective policemen who can think . . .
Or reason . . .
Or just not be dumb-otic.
LOL
He probably would burst into flames right there on camera.
I'd cough up two bucks for that on pay-per-view.
-jcr
I live in nearby Orlando and to answer some of the above questions about Mr. May; what I saw on the local news was a intelligent and calm rational white guy. in the interview he says he was on his way home from work when he was pulled over. He denied trying to purchase crack and did not know how the officer could come to that conclusion. Did the officer force his way into Mr. Ways mouth to obtain "the evidence"? They auctioned his car, he was evicted and he lost his job because they "detained" him for 3 months. It's crap like this that keeps me awake at night! It seems Mr May was very co-operative and should be more outraged then he appeared on TV. I would also like the officer prove Mr Way denied the reading of his miranda rights and see a confession of Mr Way agreeing to purchase drugs. I also agree that the arresting officer should loose his JOB. Is Tic Tac is hiring?
If this doesn't prove that the Elite consider us slaves, nothing will. 3 months in jail, no bond. Lost his house and his job. And the icing on the cake was the police auctioning off his car (HIS property).
Slave.
Don't just blame the cop! How many others collaborated in this OUTRAGE? Do you think the cop could have gotten away with all this unless he had others helping him?
You are being herded like cattle, in everyday life. In protests, the police "pen" groups of protestors in. They use psychology commonly employed on cattle, on people.
The whole system stinks and requires a massive overhaul. Don't look to politicians for the answers. They will only add to the mess with more and more "laws".
http://jahtruth.net/plan.htm
Jeff O | August 19, 2009, 3:44pm | #
... I will hopefully be in a secluded location as I will kill the son-of-a-bitch in the blink of an eye. The pig-fuck will never know what hit him. I would do it without a second thought and without remorse. At that moment in time, it is his life or mine..."
your perspective will likely change after you graduate from high school.
Frankly, if they give the whole operating procedure BS. I think the guy has the right to full fledge go combative. Three months in prison, his life destroyed, his property and home gone.
And you know what...if they give that line he can royally sue their butt. Because if he followed standard operating procedures, the department will be admitting that lying is a standard operating procedure.
The police officer in question should be sent to jail for 3 months.
Frankly, if this many doesn't get justice in the courts. I think he's justified in getting it on his own. (ie: He should take one of the precinct cars and just drive it as his personal vehicle.)
Any chance of finding out where we can donate to this man's legal fund?
Cops lie all the time to make arrests... my brother in law is a cop in woodward oklahoma and he tazed a lady twice in the front seat of his patrol car just for "shits & grins"... that is the kind of law we have here in the land of the unfree. Anyway, the jackoff cop that did this should be in jail and the dept should compensate the guy for everything he lost including a new car... they fucking auctioned it off and he can't do anything? what a fucking scam... oh yeah, it's america.
False positive is bad enough. What about False negative.
If a suspect put a sample of LSD in his mouth, the Policeman would have to wait until the person suffered "Acid Reflux".
WTF is this? Iran? Some broad got arrested there for chewing gum on Ramadan. We all laughed at how stupid and backwards Islam is. Now this? Get REAL!!!
Years ago, my wife's previous husband was driving drunk and had an accident. The accident didn't involve another vehicle, no one else was in the car, and he didn't hurt anyone else. He was in serious pain but the cops pulled him from the car and threw him in jail overnight until he was able to raise bail. Turns out he had a broken back. Now I know he fucked up, but I have a hard time not forgiving those cops for at least acting somewhat like humans.
I'm sure that before I spent 18 months as a prosecuting attorney, this would have offended me, but consider the following:
1. The police have to enforce the law. Even if drug laws are wrong-headed, they are the law.
2. At least they did a test that had the potential to exonerate the man on the spot.
3. I have seen many cases where the suspect did in fact believe that he had purchased street drugs only to be proven wrong by laboratory testing. So, maybe the officer lied about the confession, or maybe the suspect just got ripped off.
4. There is no excuse for auctioning the car off pre-conviction. What state was this? Ukraine?
5. I also don't know what jurisdiction has the resources to keep a guy locked up for simple possession for that long. That is also absurd.
Conclusion: the cop did his job. The system in that jurisdiction is a failure. At least they still require laboratory testing of the substance...
1. The police have to enforce the ruin-your life over a tic-tac law? If that's the case they need to start taking down the gas stations and grocery stores for selling these heinous mints.
2. You actually believe that Officer Integrity performed such a test? Riiigghhht...
3. You didn't really make a point in #3 other than trying to impress us with your worldly experience and knowledge... FAIL
4. You got one right!
5. Hey 2 right. 2 out of 5 isn't bad, is it?
The cop did his job if his job is to lie and ruin a man's life over a breath mint.
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its such a shame to read stuff like this, and I feel so bad for the guy who lost everything in his life accept for his life, but having no car and place to live, well does not make it any easier for him to move on... if I was him, I would sue the police who arrested him, and I would demand all the money it was for his rent, deposit, and car expenses, and who knows what else........ its only fare, and then after that was done, I would suggest he moves to another state.