How could this happen?

Yes, that did happen I looked it up when I read it, seems police administrators are reluctant to crack down on officers who are fighting the "war on drugs" less they be accused of being soft on crime or in collusion with druggies. Even if that means the officers get away with violating peoples rights unless there is an obvious public incident like this where they get caught, happens all the time. The Orlando Police Department conducted an internal affairs investigation and concluded that the officer had never been formally trained on how to use the drug kits, and neither had anyone else in the agency.

All the guy did was eat donuts and commit a minor traffic violation in front of officers hyped up over the war on drugs.