Legal Question in Traffic Law in Florida
If an arresting officer fails to mention finding an unidentifiable chemical substance in a Gelatin capsule in the arrest report, can this capsule be used against the arrestee in a court of law? Furthermore, is the arresting officer legally obligated to mention these findings and also mention in the arrest report the fact that this capsule must be sent to a lab in order to determine its true chemical make-up?
Asked on 12/07/12, 7:21 pm
1 Answer from Attorneys
Craig Epifanio
Craig Epifanio, P.A.
The state has the burden of proving a case against you. Whether they use this evidence is up to them. Yes they do have an obligation to disclose, but it may require a defense expert to use it in court.
Answered on 12/08/12, 1:35 pm
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