Viagra is not a controlled substance but that didn't stop Brooklyn police offficer David Esparragoza from arresting Earl McLeod, 33, for possession of a single Viagra pill.
McLeod's lawyer, Nicholas Mindicino, told the Daily News that the entire encounter appeared to be illegal — that there was no basis for the car stop, and there was no basis for the search, not to mention the bogus charge.
The passengers in the vehicle were not arrested.
"A police officer's job is to arrest people who commit crimes, and they can't do their job if they don't know what is a crime and what is not," Mindicino said.
"It's absolutely a case of police officer incompetence."
McLeod went to Brooklyn Criminal Court to appeal and the charges were dropped. He is suing "emotional trauma, embarrassment, and humiliation."
The NYPD declined to comment.
