Can something you did not get cited for still be used against you in court?
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Can something you did not get cited for still be used against you in court?
I received a citation for tampering with fire safety equipment covering a smoke detector. When the officer entered the room there was alcohol present (I am under 21 and a small amount of marijuana). He took pictures but then poured the alcohol down the drain and flushed the marijuana down the toilet. He did not cite me for the drugs or alcohol and he did not take any as evidence, only pictures. The only citation I received was for covering a smoke detector. Can the officer use the alcohol or marijuana against me in court even though that is not what I am in trouble for?
Asked on December 7, 2011 under Criminal Law, Pennsylvania
Answers:
Kelly Broadbent / Broadbent & Taylor
Answered 12 years ago | Contributor
While the officer did not cite you for the alcohol or the marijuana, he can provide evidence of the entire incident in court. If your case goes to trial, it may be something your attorney can object to based on the relevance to the crime you were actually charged with.
The police report may have information regarding the drugs and alcohol so the prosecutor may also have access to the additional evidence, which may be considered at the time of any plea.
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