New York Man Sues After Pennsylvania State Police Mistake Homemade Soap For Cocaine

ALLENTOWN, Pa. (CBSNewYork/AP) -- A New York man has filed a lawsuit after spending 29 days in jail, when Pennsylvania State Police mistook homemade soap for cocaine.

The Allentown Morning Call reported that Alexander Bernstein said he had to pay thousands of dollars in court costs and missed Thanksgiving with his toddler before the charges were dropped.

He is seeking a jury trial and damages in excess of $150,000. State troopers and the field test manufacturer are named in the suit filed last week.

Bernstein was a passenger in a Mercedes-Benz that was pulled over for speeding near Allentown in November 2013.

Troopers smelled marijuana, searched the car and found packages the driver said was homemade soap, but tested as cocaine. The driver – Annadel Cruz, 26, of New York – was also arrested, the Morning Call reported.

The lawsuit claimed that Bernstein pretended he was asleep while in custody, but heard troopers talking about the field test, the Morning Call reported. The suit claimed that one trooper said the package had tested negative for cocaine, and another said, "Well… make it positive," the newspaper reported.

Lab tests later showed it was soap.

State police declined to comment.

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