5. If a Police Officer Finds
Contraband1（违禁品） or Evidence of Crime in the Course of a Search, Does That Make the Search
Valid2 Even If It Was
Initially3 Illegal?
No. A well-established rule is that ''a search can't be justified4 by what it turns up." If a search is illegal to begin with, the products of that search, no matter how incriminating, are inadmissible in evidence.
6. Can Illegally Seized Evidence Be Used In Court For Any Purpose?
Yes. Cases decided5 after Mapp have established that the Fourth Amendment6 is not a complete bar to the use of illegally seized evidence. For example, a judge may consider illegally seized evidence when deciding on an appropriate sentence following conviction, and illegally seized evidence is admissible in civil cases and deportation7（驱逐出境） cases. Also, in some circumstances a prosecutor8 can use improperly10 seized evidence to impeach11 （attack the credibility of） a witness who testifies during a court proceeding12.
Case Example: Flo Kane is on trial for possessing illegal drugs. During a pretrial hearing, the trial judge had ruled that the police had illegally seized a gun from Flo's bedroom, and that the prosecutor could not admit the gun in evidence. While testifying, Flo states, "I've never owned a weapon of any kind."
Question: Following this testimony13, could the prosecutor show Flo the illegally seized gun and ask her to admit that she owned it?
Answer: Yes. Once Flo denies ever owning a weapon, the prosecutor may use the illegally seized gun to attack the credibility of her testimony.
7. Do Fourth Amendment Protections Apply in Every State?
Basically, yes. The Fourth Amendment provides rights for defendants15 that are binding16 on every state. For example, no state can decide that "we're not going to have the exclusionary17 rule." However, many state constitutions contain language similar to that in the Fourth Amendment, and a state can validly18 interpret its own constitution to provide defendants with greater protections than the Fourth Amendment requires.
8. If the Police Illegally Seize Evidence, Can They Use the Illegally Seized Information to Find Other Evidence to Use Against the Defendant14?
No, because of a legal rule colorfully known as the "fruit of the poisonous tree" doctrine19. This doctrine makes inadmissible any evidence that police officers seize or any information that police officers obtain as a direct result of an improper9 search. The "tree" is the evidence that the police illegally seize in the first place; the "fruit" is the second-generation product of the illegally seized evidence. Both tree and fruit are inadmissible at trial.
翻译句子：
1、a search can't be justified by what it turns up
2、请用中文简述毒树之果理论。
答案：
1、不能根据搜查结果判定非法搜查正当。
2、无标准答案
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