The band had been out celebrating the end of their tour when guitarist Paul Mcguire and bassist Kyle Rutherford went to a drug store in the early morning hours. Although the store's doors were open and the lights were on, it appeared that it was not officially open for business as an alarm went off, so the band members left and went to another store down the road. As they were leaving, a number of NYPD squad cars surrounded them and they were thrown to the ground by police officers and arrested at gunpoint. The two were charged with criminal trespass, petit larceny, burglary and criminal possession of stolen property.
Mcguire and Rutherford spent the next 36 hours being moved between crowded jail cells and witnessing violence and intimidation from the other inmates. The real drug store killer was later arrested and, following a court appearance, all charges were dropped and the members of Cerebral Bore were eventually released.