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"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 2010 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."